03 11 2021
Need for Copyright Registration
In the modern world, due to the development of Internet technologies, creativity is widespread and becomes more accessible. In this regard, authors of works should pay close attention to the protection of their rights in the field of intellectual property.
Everyone must have encountered facts of copying materials from the Internet, including in the framework of creative activity. In this case, there may have been the mistaken impression that such use could not be considered illegal, but in terms of law, it was most likely an infringement of intellectual property rights, in particular copyright.
Relations in the field of intellectual property arising in connection with the creation and use of works of science, literature and art (copyright) are regulated by the Law of the Republic of Kazakhstan dated 10.06.1996 "On Copyright and Related Rights" (hereinafter - the Law).
In order to clarify the main provisions of the Act, we believe it is necessary to note the following points, characterizing the essence of copyright.
1) Objects of copyright
The object of copyright protection can only be the result of creative activity in the fields of science, literature and art, namely: works of literature, art, music, programs.
Thus, official documents and their official translations, state symbols, works of folk art, messages about events and facts that are informational in nature cannot be objects of copyright.
2) Emergence of copyright
From the moment of creation of a work, which is an object of copyright, the person who created the work is recognized as its author and has all property and non-property rights to it automatically - the so-called presumption of authorship.
3) Duration of copyright
Copyright extends throughout the life of the author and for 70 years after his death. However, non-property rights such as: the right of authorship, the right to name and the right to protection of the author's reputation are protected indefinitely.
4) Obligatory registration of copyright
Due to the presumption of authorship, the procedure of copyright registration is voluntary.
In other words: being an author you already have an opportunity to dispose of your work for personal purposes, and the obligation to register it is not stipulated by the law.
How does copyright registration work?
It is not difficult to imagine situations related to disputes about primacy of authorship, about the use of works without the consent of the author, including - receiving remuneration, arising from the actions of third parties that violate the rights of copyright holders.
At the same time, in such cases, with proper registration, the right holder will surely ensure the protection of both his property and personal non-property rights.
Personal non-property rights are inalienable and include:
- Right of authorship;
- Right to name;
- Right to protection of the author's reputation;
- Right of disclosure;
- Right of revocation.
In turn, property rights imply exclusive rights of the author to use the work, namely:
- Right of reproduction;
- Right of distribution;
- Right of importation;
- Right of public display;
- Right of public performance;
- Right of public communication;
- Right of communication by cable;
- Right of translation;
- Right of reproduction;
- Right of public communication.
If you are an author and want to be sure of protecting your rights to a work you have created, it is advisable to think about registering your rights to that work.
Often the subject matter of court disputes related to copyright issues is the determination of authorship (a dispute about the primacy of the creation of a work) and/or the legitimacy of using a work by a third party for profit without the consent of the author (unauthorized distribution, reproduction or publication of the work).
At the same time, in the course of court proceedings, in case of preliminary proper registration of copyright, the right holder will be able to challenge the arguments of the opposing party by presenting as evidence the information about his authorship of the work: a certificate of inclusion of information in the State Register of rights to objects protected by copyright, which will serve as additional evidence of the right holder.
In other words, despite the fact that copyright registration is not a mandatory procedure, it can nevertheless become a decisive factor in a possible court dispute.
According to the provisions of the Law, the author or other right holder is entitled to remuneration for each type of use of the work.
Thus, for each type of use of a work, the author is entitled to appropriate remuneration, and the use of the work by another person for personal purposes (e.g., public display, performance, without the consent of the author) or the use of the work by a person claiming authorship for profit will be unlawful.
The illegality of these actions can be proved by the registered copyright, and in the case of a court dispute the court will rule in favor of the author of the work. In the absence of a registered copyright it will be difficult for the author to win a court dispute (for example, about plagiarism or primacy of creation of a work).
Registration of copyright is a kind of preventive measure to protect one's right to be an author, and also provides the possibility for the author to dispose of his work at his discretion.
If you want to be sure of protecting your rights to your work, we recommend that you think about registering your copyrights as soon as possible.
Author: Yuriy Li, Legal counsel at MG Partners