By Order № 868 of acting Minister of Justice
Republic of Kazakhstan
As of 15 December 2004
Guidelines to apply the minimal royalty fees for using the works by public performance, public communication, reproduction and/or distribution of works
1. General Provisions
1. These Guidelines stipulate in detail application of the minimal royalty fees for using the works by public performance, public communication, reproduction and/or distribution of works.
2. These Guidelines have the following basic concepts:
1) multi-act dramatic and musical-dramatic works – works containing at least two acts;
2) “grand right” works – works managed or licensed on the individual basis;
3) “small right” works - works managed or licensed on the collective basis;
4) works in the verse form – the work, where at least half of the text recited from the stage is in the verse form;
5) works not protected by the copyright – the folk works and the works becoming public due to expiring the copyright term;
6) public performance of “small right” works – non-dramatic public performance of the parts of musical-dramatic works, which could be used separately (arias, songs);
7) play – a dramatic work for theatrical performance;
8) Play-staging – a play written on the basis of other works including folk works.
3. Royalty, according to the fee rates for using the works by public performance stipulated by Decree of the Government of the Republic of Kazakhstan № 1083 as of 20 October 2004 On approval of minimal rates of royalties for some types of public performance of works (the Order), is charged for public performance in the territory of the Republic of Kazakhstan of dramatic, musical dramatic, concert, show, circus, dancing programmes, musical works accompanied or not accompanied by text both by artist-performers and by technical facilities.
4. Royalty, based on the minimal rates for public using of works stipulated by the Decree, is charged for using by public performance in the territory of the Republic of Kazakhstan.
5. Royalty, based on the minimal rates for reproduction and/or distribution of works stipulated by the Decree, is charged for reproduction of works by letting on lease or hiring in the territory of the Republic of Kazakhstan.
6. The royalty rates are minimal and applied unless otherwise stipulated by the agreement between the user and author, his successor or collective management organization within their powers, and the size of the royalty is not a subject of dispute between the concerned parties.
7. Royalty for public performance is charged in percentage:
1) from the gross revenue generated by selling the tickets for public performance of a single work or programme;
2) from the amount of the guaranteed payment under the agreement or any other sums of revenue.
If it is difficult or impossible to determine the precise amount of the user’s revenue the royalty for performance of musical works accompanied or not accompanied by text both by artist-performers and by technical facilities (players of any sound carriers), if entrance is free at discothèques, night clubs, restaurants, cafes, cinemas, casinos, bars, bistros, canteens, open spaces, play attractions and other public places, the royalty is charged in monthly calculated indexes stipulated by clause 26 of the minimal rates of royalties for public performance of works approved by the Order.
8. Royalty for public communication is charged in percentage from the total amount of revenue. The total revenue, which is the basis for royalty calculation, shall be the revenue for placing ads, sponsor payments for creation of programmes, subscription fees, fees for access to works, if any, etc.
9. Royalty for reproduction and/or distribution of copies of sound recording, containing works both protected and non-protected by copyright, is charged only for works protected by the copyright.
2. Application of royalty rates for using works by public performance, public communication, for reproduction and/or distribution of works
10. The royalty rates fixed for using child plays, including puppet plays are applied to the plays irrespective of the place of their performance.
11. Plays written on the basis of his/her own works are considered as original if the staging is carried out without co-authors.
12. Plays written for children based on folk fairy tales are considered as original.
13. If the author creates the work in two or three languages not specifying which language is original and which is translation, it is considered as original on both languages.
14. Royalty for public performance of the programmes consisting of works both protected and non-protected by the copyright (including the music accompanying the dramatic works) is charged on full scale.
15. Royalty for public performance of the works created by co-authors as an indivisible integrated unit, is charged only to those co-authors (their successors), whose copyright is protected. The charged royalty is distributed between the co-authors proportionally to the fixed rate.
16. Royalty is not charged for concerts totally consisting of public domain works.
17. Royalty is charged for concert, show, circus and dance programmes irrespective whether the work is performed by artists or is reproduced on sound carriers, and irrespective whether the use receives revenue from selling the tickets for such programmes.
18. If the spectacle includes several one-act works, the royalty is charged separately for each work according to the tax fixed for it.
If the one-act work is performed in the concert programme, the royalty for this work is charged according to the rate fixed for it and, in addition, the royalty rate stipulated for the concert programme is charged.
If the spectacle includes two multi-act works, the royalty for a multi-act work is charged on the basis of ½ rate stipulated for the respective multi-act works.
If the multi-act work is performed together with the concert programme, the royalty for the multi-act work is charged on the basis of ½ rate stipulated for the respective works and, in addition, the royalty rate stipulated for the concert programme is charged.
19. Upon public performance of small form works the royalty stipulated for translation is divided equally between the authors of translation.
20. For translation of the copyright protected staged play the royalty is charged according to the rates fixed for translation of original works.
21. The royalty rates are also applied for performance of musical-dramatic works when the work is performed in the concert style.
22. Variation of libretto and new lyrics of operettas, musical comedies and musicals with the music of foreign composers is equal to translation.
23. Royalty for the music for the dramatic works is charged in the amount of 1 percent for each act, irrespective of the number of musical performances and irrespective whether the music is performed by the artists or as sound records.
24. If in the concert programme in addition to the show works at least one major symphonic work, or chamber work or multi-act for folk instruments, or choreographic concert, the royalty for this concert programme is charged in the amount of 7 percent of the total revenue from ticket selling (both for the concert of symphonic, vocal-symphonic and chamber works).
25. I the programme of the New Year concert includes dramatic or musical-dramatic work, the royalty for such work is charged according to the rates fixed for dramatic and musical-dramatic work.
26. For the programme consisting from the concert and dances, and if the entrance fee is unified, the royalty is charged as for the popular concert in the amount of 4 percent from the total revenue.
27. Royalty according to the rate fixed by para 24 of the order is to be paid for performance of musical works with or without text as backup of sports events, show performances of athletes, play attractions, fashion shows, exhibitions, fairs, competitions and other events performed at mass rallies (stadiums, sports palaces, hippodromes, etc.) if the entrance is not free.
If at the mass rallies the show, circus performances and concerts, dramatic and musical-dramatic works and circus performances.
28. Royalty for public performances of works at the public places without charging any particular fee for entrance at this public place (lobbies of theaters before and after the spectacles and during the act-wait, lobbies of cinemas, cafes, restaurants, opens spaces in parks, gardens and stadiums, etc.) is charged in the monthly calculated indexes.