COPYRIGHTS IN KAZAKHSTAN
Legislation
Copyrights in Kazakhstan are regulated by the Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I On Copyright and Related Rights (the Law).
Copyrighted works
The following creative works may be subject to copyrights:
– literary works;
– dramatic and musical-dramatic works;
– screenwriting;
– works of choreography and pantomime;
– musical works with or without text;
– audiovisual works;
– works of painting, sculpture, graphics and other works of fine art;
– works of applied art;
– works of architecture, urban planning, design, and landscape art;
– photographic works;
– maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
– computer programs;
– derivative works (translations, processing, annotations, abstracts, resumes, reviews, stage plays, musical arrangements and other processing of works of science, literature, and art);
– collections (encyclopedias, anthologies, databases) and other composite works;
– other works.
Copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, and facts. It should be noted that the work of copyright should be expressed in some objective form, while the fact of public availability of the work does not matter for the protection of copyright.
Effectiveness
The moral rights of the author, such as the right of authorship, the right to a name, the right to protect the reputation of the author, are permanent. Property rights – throughout the life of the author and seventy years after his death.
Registration
Since copyright arises by virtue of the fact of its creation, registration or any other formalities are not required. At the same time, the Law provides for the possibility of entering copyright information into the State Register of Copyright. Registration takes only one business day.
It is worth noting that the previously available possibility of registering copyright in the name of a legal entity was abolished since last amendments to the Law in 2018, now only an individual can be an applicant.
Documents for registration
The application is submitted in an electronic format. The application should be supported with:
– A copy of the work, or, depending on the subject of copyright, sketches, drawing or photographs. In relation to computer programs or databases – an abstract;
– Payment for services of the Patent Office;
– Power of attorney (in case of registration through a representative).