FAQ
According to its organizational and legal form, the Society of Authors of Kazakhstan is a republican public association, and according to its activity, it is an organization that manages the property rights of authors. KazJSC was founded in 1997 by representatives of the creative intelligentsia of Kazakhstan in order to manage and protect their proprietary copyrights. The functions of KazJSC as an organization for the management of property rights of authors are specified in the Law of the Republic of Kazakhstan “On Copyright and Related Rights” – granting permission to users of copyright objects to use works, collecting, distributing and paying royalties. , implementation of all necessary legal actions to protect the copyright of authors. According to the provisions of the current legislation on copyright, only a public organization has the right to manage the property rights of authors, i.e. organizing the authors themselves. Because copyright is the personal right of authors.
Currently, on the basis of written agreements concluded by KazJSC, more than 2,500 Kazakh authors, as well as foreign authors who are members of foreign copyright societies from 138 countries, including the USA, Russia, England, France, Japan, Spain, Italy, etc. .p. In addition, KazAK as an organization of collective management of property rights, based on Article 1. According to Article 44 of the Law of the Republic of Kazakhstan “On Copyright and Related Rights”, all current authors have the right to grant permission to use their works, i.e. for the entire world repertoire, unless any author withdraws his works from the license of KazJSC and prohibits permission to use his works. However, at present, no Kazakh or foreign author has applied to KazJSC with a request not to allow the use of his works. Therefore, you can use any work by signing a license agreement with KazJSC. Signing a license agreement with KazJSC and complying with its requirements is the basis for the legal use of authors’ works through public performance and is the basis for not holding the user liable for the illegal use of copyright objects through public performance.
In order to conclude a license agreement, the user must send a letter to the chairman of KazJSC by post or fax with a request to conclude a license agreement, indicating the address of the object where the authors’ works are used and the type of service. Copies of the following documents must be attached to the application:
for legal entities:
legal registration pages of state certificates
a copy of the statistics. cards
copy of charter
Copy of TRN
a copy of the document establishing the right to the cafe, restaurant building, etc. or lease agreement.
if the agreement was signed by an authorized person, a copy of the power of attorney and a copy of the authorized person’s identity card
for individual entrepreneurs:
state certificates, registration of a private entrepreneur
a copy of an individual entrepreneur’s identity card
Copy of TRN
a copy of the document establishing the right to the cafe, restaurant building, etc. or lease agreement
if the agreement was signed by an authorized person, a copy of the power of attorney and a copy of the authorized person’s identity card
After receiving these documents, KazAC will send two copies of the license agreement to the user for signature.
According to the contract, the user (the owner of a cafe, restaurant, etc.) has two main obligations – 1) to pay royalties and 2) to provide documentation about the works used.
Royalties for public performance of works must be paid regardless of whether or not the user receives income from the use of the works or according to the way of use – live performance of the works or using technical means (radio, music centers, televisions, etc.).
Article 3. According to Article 16 of the Law of the Republic of Kazakhstan “On Copyright and Related Rights”, if copies of a legally published work are put into civil circulation by selling them, then their further distribution is allowed without the consent of the author and without payment of remuneration. According to Art. According to Article 16 of the Law, distribution is the sale, lease (lease) of the original or copies of the work. according to art. According to Article 2 of the Law, a copy of a work is a copy of a work created in any material form. It follows from the above that if the user has purchased a legal copy of the work (for example, a book, an audio cassette with a recording of the work), then he can do so without the consent of the author and without paying royalties. , further sale, donation, i.e. use of the material medium (book, audio cassette) of the work owned by you by distribution.
However, works in the cafe are used not by distribution, but by public performance, so this provision of the Law cannot be the basis for exemption from payment of royalties for the use of works by public performance in the cafe.
In addition, according to paragraph 5 of the article. According to Article 6 of the Law, copyright is not related to the ownership of the material environment in which the work is depicted. If the user has purchased a material medium (audiocassette, disk) containing a recording of the work, this does not mean that he has acquired the right to commercial use of the works recorded on this material carrier. Copyright in the work, including the right to royalties for each type of use of the work, always remains with the author.
In this regard, for the legal use of a work recorded on a material carrier (audiocassette, disk) by public performance, the User must obtain permission from the author or the organization that manages the property rights of authors on a collective basis by concluding a copyright agreement. or a license agreement and payment of appropriate royalties for use of the work by public performance.
Yes, it has been published. As you know, the repertoire of KazAK consists of 2 parts:
works of domestic authors;
works of foreign authors.
You can familiarize yourself with the domestic repertoire in the “AUTHOR” section of the site. There are two registers in the “REPERTORY” section:
Register of Kazakhstan copyright owners and repertoire: playwrights, music, text authors, choreographers, artists, poets, comedians and satirists. About 2,500 authors are members of KazJSC, and the database contains about 45,000 of their works, all of which are listed in this database.
The register of foreign copyright owners and repertoires listed here includes Russian RAO, US ASKAP, BMI, German GEMA, Spanish SGAE, etc. There are references to the repertoires of foreign societies. Since their repertoire is often used in our country and users are often interested in their authors, we decided to display them in the “REPERTORY” section to make it easier for users to search.
But the foreign repertoire of KazJSC is not limited to this. To get acquainted with the repertoire of other countries, you should open the “International Relations” section and click on the desired country (society) in the “Agreements” sections whose repertoire interests you (for example, JASRAC, Japan). Societies of the CIS countries”, “Agreements with societies abroad”, and a direct link will help you find the information you need.
If you are interested in musical compositions for audiovisual works, you can find them in the ISAN and IDA databases. They are visible on every page of the site.
Our electronic database, called the International Authors’ Index (IPI), contains approximately 2.5 million authors, and the World Works Index (WID) contains approximately 15 million items. But they, like CIS-Net on page 1, are CISAC databases and can only be accessed by KazAK with a special password.
As you know, copyright is a private right, so the company is created directly by the authors themselves and works on the basis of the authority given by the author under the contract. And the rights of foreign authors are protected on the basis of a bilateral agreement with similar societies on mutual representation of the interests of their members (paragraph 4 of Article 43 of the Law). And for authors who have not entered into an agreement with the society, accreditation gives the society the right to receive remuneration until the author withdraws his works from permission. For example, the membership of KazAK consists of more than 2500 authors, but there are still young authors (say 10-15 authors or more) who have not managed to sign a contract with the society: either they do not know about their rights, or they live somewhere in the region and cannot contact and so on. If accredited, charging for them is not a violation. But if a new society is created with only 10-15 authors as members, of course, it does not have the right to demand collection on behalf of all authors of Kazakhstan included in KazJSC. Accreditation does not help here.
The same can be said about foreign authors. In accordance with the bilateral agreements concluded with foreign copyright societies, KazJSC protects the interests of authors from 138 countries. If the works of any authors who are not the authors of these countries are used in our country, they must also be protected, of course. Usually, we find such authors in the global database, we correspond with the relevant society and make an agreement. The contract is binding for the payment of the remuneration due to the author. You cannot pay without a contract. If you have an agreement, you have the right to collect without accreditation, and you can also pay. This means that the bilateral agreement has advantages.
