LAW OF THE AZERBAIJAN REPUBLIC “ON COPYRIGHT AND NEIGHBORING RIGHTS”
Article 1. The purpose of the law. (subject of the law)
This law governs the relations arises on territory of the Azerbaijan Republic from the creation and exploitation of scientific, literature and artistic works (copyright) and of performances, phonograms, programs of broadcasting or cable distribution (relaying) organizations (Neighboring rights).
Article 2. Legislation on Copyright and Neighboring Rights
The legislation on Copyright and Neighboring rights of the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, Civil Code of the Azerbaijan Republic, this Law, and other respective statutory and legal acts and international treaties to the Azerbaijan Republic is a party.
Where an International treaty to which Azerbaijan is party contains the rules different from those specified in this law, the provisions of the international treaty shall be applied.
Article 3. Scope of the Law
The provisions of the law could be applied to:
1. works of science, literature and art, performances and phonograms, which copyright or Neighboring rights holder is citizen of Azerbaijan Republic, or is constant living on the territory of the Azerbaijan Republic, or legal entity being those in accordance to the legislation of Azerbaijan Republic;
2. works of science, literature and art, first time produced on the territory of the Azerbaijan Republic. Works or phonograms also are considered first time published in case of producing during 30 days on the territory of Azerbaijan Republic after first publishing outside of Azerbaijan Republic;
3. performances which had first time performed on the territory of Azerbaijan Republic, or recorded on phonogram, which protected in accordance to the paragraph 2 of this Article, or which had not been recorded on phonogram, but included in broadcast program, protected in accordance to the paragraph 4 of this Article.
4. broadcasts of legal entities registered in accordance to the legislation of Azerbaijan Republic, which provide broadcasting by own equipment on the territory of Azerbaijan Republic;
5. architectural works on the territory of Azerbaijan Republic;
6. other works of literature, science, performance, phonograms, broadcasting programs, protected in accordance to the treaties, which Azerbaijan Republic joined.
7. In accordance with the international treaties to which Azerbaijan Republic is a Party, the works and neighboring objects, term of protection of which set for them in the country of origin has not expired, are protected in the territory of the Azerbaijan Republic.
Effective term of copyrights and neighboring rights in the territory of Azerbaijan shall not exceed the effective term of such rights established in the country of origin.
8. In accordance with the International Treaties to which the Azerbaijan Republic is a party or based on the mutual principles, provisions of the present Law are applied to foreigners and stateless persons along with the citizens of the Azerbaijan Republic.
Article 4. Basic Concepts
For the purposes of this Law, the terms given below shall have the meanings specified:
author - means the natural person whose creative effort has brought about the creation of a work;
audiovisual work - means a work consisting of a fixed series of interconnected images (with or without sound accompaniment) which is intended to be made visible and (where the images are accompanied by sound) audible with the aid of appropriate technical equipment; audiovisual works include cinematographic works and all works expressed by means comparable to cinematography (television films, video films, fixed projections, slide shows and the like), regardless of the manner in which they are initially or subsequently fixed;
data base - means an objective form for the representation and organization of a body of data (relating to articles, accounts, etc.), so systematized as to be susceptible of retrieval and processing with a computer;
reproduction - means the making of one or more copies of the work or of a part of a work in any form, including the form of a sound or visual recording, or the making of one or more three-dimensional copies of a two-dimensional work, or one or more two-dimensional copies of a three-dimensional work; the storage of a work in a computer memory shall also constitute reproduction;
recording - means the fixing, with technical aids, of sounds or images or both in a material form that permits them to be repeatedly perceived, reproduced or communicated;
producer of an audiovisual work - means the natural person or legal entity that has taken the initiative of and responsibility for the production of the work; in the absence of proof to the contrary, the natural person or legal entity named in the customary manner on an audiovisual work shall be considered the producer of that work;
phonogram producer - means the natural person or legal entity that has taken the initiative of and responsibility for the first recording of the sounds of a performance or of other sounds; in the absence of proof to the contrary, the natural person or legal entity named in the customary manner on the phonogram or on the sleeve or inlay card thereof shall be considered the producer of the phonogram;
performer - means the actor, singer, musician, dancer or any other person who performs, recites, declaims, sings, plays on a musical instrument or in any other way presents a literary or artistic work (including a variety turn, circus act or puppet show), and also the producer or director of a show and the orchestra conductor;
computer - electronic or other analogues technology capable to process information;
computer program - means the complex of represented instructions, code's, schema's and etc. in an machine-reading form, designed to make a computer or other data processing machine operate to produce a specific result or purpose; computer program also includes preparatory literature produced while the computer program is being developed and the audiovisual displays generated by the program itself;
collective work - means a work that is the product of the joint creative work of two or more persons under initiative and administration of legal entity, with the condition of publishing of work by last one under his name;
derivative work - means creation, a work of creative activity based on other work(translation, adaptation, dramatization, alteration and etc.)
collection – collection consisting of independent works as a result of creative activity aimed at the selection and arrangement of materials. Such collections are works in the form of encyclopaedia and anthology;
“traditional knowledge” – innovations and creative results in the spheres of science, literature, artistic spheres that are the results of mental activity based on the traditions and protected by passing down from generation to generation;
disclosure of a work - means the act performed with the author's consent which first makes the work accessible to the public by publication, public presentation, public performance, broadcasting or another means
publication - means the putting into circulation of copies of the work or phonogram with the consent of the author of the work or phonogram producer and in sufficient quantity to meet the reasonable needs of the public. Also is considered giving access to work, phonogram by electronic information systems;
broadcasting by a broadcasting organization - means the broadcast created by the broadcasting or cable distribution organization itself, or, on its instructions and with its funds, by another organization;
work of applied art - means a work of art in two or three dimensions applied to objects intended for practical use, craft works or works produced in an industrial process;
photographic work - means fixation of light or other radiation by method, which could produce image without dependence on technology (chemical, electronic and other). The separately taken still of audiovisual work is not consider "photographic work";
public performance -means demonstration of original or copy o creative work, performances, directly broadcasts of broadcasting organizations, or on the screen by film, slide, still or through other technical aids or process(excepting broadcasting or cable distribution) thus they could be percept by number of persons not belonging to the usual family circle or closely friends of family; demonstration of separated images of audiovisional works without sequence also consider public performance;
creation work - means works of science, literature and art, which met requirements of article 5 of this Law;
public presentation - means presentation works, phonograms, performances, other productions or broadcasts of broadcasting organizations by recitation, playing, singing or other method both directly alive performance and by technical aids and process (excepting broadcasting or cable distribution) thus they could be percept by large number of persons not belonging to the usual family circle or closely friends of family;
communication to the public - means broadcasting, cable distribution and other performance of images or voices of works, performances, phonogram, broadcasts of broadcasting organisations for perception by persons not belonging to the usual family circle or closely friends of family for distances which remoteness is so, that without such communication of image or voices they could not be perceived;
“notification” – demonstration, performance, radio and television broadcasting or any other action (except for the broadcasting of the work, or phonogram) enabling hearing or watching, irrespective of actual perception of works and object of Neighboring rights;
“mass notification” (notification with the purpose of delivery to a mass) – any means, including interactive, enabling delivery of works and objects of Neighboring rights (except for broadcasting of copies of a work or objects of Neighboring rights) to masses, by air or cable broadcasting irrespective of the perception of the notification;
“interactive mass notification” (delivery of works and objects of Neighboring rights to masses for interactive use) – delivery enabling obtainment of works and objects of Neighboring rights at any place and any time at the personal option of representatives of the population;
«broadcasting of works and objects of Neighboring rights» - delivery of an original or a copy of a work or an object of Neighboring right by means of selling or presentation of a property right by other means;
«means of technical protection » - any technical devices and their parties enabling to carry out control over the entrance to a work and Neighboring objects, preventing or limiting actions not allowed by a the owner of a right or manufacturer;
«information on the management of rights» - reflects figures or codes identifying a work, author of the work or other owners of a right, or information about the rules of use of the work and containing such presented information in order to add one of any items of information to a copy of a work, or to be seen during the delivery of such objects to masses;
reprographic reproduction - means the facsimile reproduction in one or more copies, regardless of the dimensions and form thereof, of originals or copies of written or other graphic works by means of photocopying or with the aid of other technical means different from publishing; reprographic reproduction shall not include the storage or reproduction of the said copies in electronic (including digitised) or optical form, or in any other machine-readable form;
rental - means making a copy of a work or phonogram temporarily available for direct or indirect commercial profit;
joint work - means a work that is the product of the joint creative work of two or more persons, except collective works, stipulated in this article;
“mass notification by air” – delivery of works, performances, phonograms, programs of broadcasting organizations to public by means of radio and television (except for cable television), as well as by means of satellites. Delivery of works, performances, phonograms, programs of broadcasting organization to public by air means receipt of signals sent from ground-based stations and delivery of works, performances, phonograms, programs of broadcasting organizations to public irrespective of the actual receipt of such signals by public. Transmission of coded signals is considered to be mass notification by air if means of decoding are presented to a broadcasting organization or by its consent;
communicate to the public by cable - means to communicate works, phonograms, performances or programs of broadcasting or cable distribution organizations to the public by cable, wire, optic fibre or comparable means;
phonogram - means any exclusive sound recording of performances or of other sounds;
copy of a work - means an exemplar of the work, regardless of the material form in which it is made;
copy of a phonogram - means the duplicate of a phonogram, on whatever material medium, made directly or indirectly from the phonogram and incorporating all or some of the sounds recorded thereon;
relaying(retransmission) - means simultaneous broadcasting(cable distribution) by broadcasting organisation programs which implement(translate, realize) by another organization.
SUBJECT OF COPYRIGHT
Article 5. Subject of Copyright
1. Copyright extends to scientific, literary and artistic works that are the product of creative work, disclosed or undisclosed but being in any objective form, regardless of the purpose, the merit and the manner of expression thereof.
The origin and exercise of copyright shall not require either registration of the work or the performance of any other act or formality.
2. Copyright protects disclosed works and also undisclosed works that exist in an objective form, namely:
written form (manuscript, typewritten text, musical score, etc.);
oral form (public recitation, public performance, etc.);
sound or visual recording (mechanical, magnetic, digital, optical, etc.);
figurative form (drawing, sketch, painting, plan, industrial design, still picture from a cinematographic or television or video film, photograph, etc.);
three-dimensional form (sculpture, model, mock-up, structure, etc.); any other form.
- other forms
Parts (name, character etc.) of a work are considered to be subjects of copyright if they have properties indicated in the item 1 of the present article and are used independently.
3. Ideas, methods, processes, systems, means, concepts, principles, discoveries and fact may not be protected by copyright.
4. The copyright in a work is independent of the ownership of the material object in which the work is expressed.
The transfer of the ownership of the material object or of the right of possession of the material object shall not in itself constitute transfer of any copyright in the work embodied in that object, except cases specially provided in legislation.
Article 6. Works Which are Subjects of Copyright.
1.The following are subjects of copyright:
literary works (books, articles, including computer programs and other);
dramatic or dramatic-musical works and other works with a scenario;
choreographic and mimed works;
musical works with or without accompanying text;
audiovisual works (cinematographic, television and video films, static projections, slide shows and other cinematographic and television productions);
works of painting and sculpture, graphic and design works, cartoon strips and other works of figurative art;
works of applied art and stage design;
works of architecture, urban planning and park and garden design;
photographic works and works obtained by processes analogous to photography;
geographical, geological and other maps, plans and sketches, and also three-dimensional works relating to geography, topography and other sciences;
derived works (translations, adaptations, annotations, analyses, summaries, reviews, stage adaptations, arrangements and other transformations of scientific, literary and artistic works);
Derived works and composite works shall be protected by copyright whether or not the works on which they are based, or which they themselves include.
Tele-radio programs, catalogues, booklets, photo-albums, contents, multimedia products (works) and other works.
2.The protection of computer programs shall extend to all types of computer program, including operating systems, regardless of the language and form in which they are expressed, including the source code and the object code.
Article 7. Works not protected by Copyright
The following are not subjects of copyright:
a) official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof;
b) State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs);
c) works of folklore;
d) communications concerning events and facts that have informational character.
Article 8. Origin of Copyright. Presumption of Authorship
1. Author of the work consider a person, which create work. In the absence of proof to the contrary, the person named as the author on the original of the work shall be deemed the author thereof.
2. In order to have his rights recognized, the owner may use a copyright notice which should be placed on every copy of the work and should consist of the following three elements:
a circled capital letter C: -a;
the name of the owner of the exclusive rights;
the year of first publication of the work.
3. Where a published work is anonymous or pseudonymous (unless the author's pseudonym leaves his identity in no doubt), the publisher named on the work shall be presumed, in the absence of proof to the contrary, to represent the author in accordance with this Law and, in that capacity, shall be empowered to defend and exercise the author's rights. This provision shall remain in force until such time as the author of the work reveals his identity and claims authorship of the work;
4. An exclusive rights holder for disclosed or undisclosed works shall register the work in appropriate authorized body of the Azerbaijan Republic which provide activity in field of copyright, during validity of copyright;
5. To the person registered work is granted certificate; this certificate could not be consider presumption of authorship. In disputable situations in case of absence of the proofs the registration of work is recognized by court as presumption of authorship.
Article 9. Works of Joint Authorship(co-authorship)
The copyright in a work that is the product of the joint creative work of two or more persons (work of joint authorship) shall belong jointly to the co-authors, regardless of whether it constitutes an indivisible whole or is composed of parts, each with a relevance of its own.
The right to exploit the whole work shall belong jointly to the co-authors.
None of co-authors shall be entitled to prohibit the exploitation of the work without valid reason, if the work of the co-authors could be used independently from other parts of work.
A part of a work shall be deemed to have a relevance of its own if it can be exploited independently with the other parts of the same work.
Unless otherwise agreed between them, each of the co-authors may exploit as he sees fit that part of the work with a relevance of its own that he has created.
The relations between the co-authors may be the subjects of an agreement between them.
Co-authors of a works may take independent actions for the registration of the action in respective executive body acting in the sphere of copyright of the Azerbaijan Republic and obtain certificate on the registration of the work, as ell as in connection with the protection of their rights, including in cases when parts of the works are integral.
Article 10. Copyright on Compile (compilation) Works and Collection Works
1.The author of a collection or any other composite work (compiler) shall enjoy copyright in the selection or arrangement of subject matter that he has made insofar as that selection or arrangement is the result of a creative effort of compilation.
The compiler shall enjoy copyright subject to respect for the rights of the authors of each work included in the composite work. Each of the authors of the works included in the composite work shall have the right to exploit his own work independently of the composite work unless the author's contract provides otherwise.
Notwithstanding the copyright of the compiler, any third party may make an independent selection or arrangement of the same subject matter for the purposes of the creation of a composite work of his own.
2.The exclusive right to exploit encyclopaedias, encyclopaedic dictionaries, collections of scientific works published in either one or several instalments newspapers, reviews and other periodical publications shall belong to the editor thereof.
The editor shall have the right to mention his name (name of organisation) or to demand such mention whenever the said publications are exploited.
The authors of the works included in the said publications shall retain the exclusive rights to exploit their works independently of the publication of the whole work.
Article 11. Copyright on Derived Works
Translators and other authors of derived works shall enjoy copyright in translations, adaptations, arrangements or any other transformations made by them.
The translator or other author of a derived work shall enjoy copyright in the work created by him, subject to the rights of the author of the work that he has translated, adapted, arranged or otherwise transformed.
Notwithstanding the copyright of the translator or other author of a derived work, third parties may make their own translations or transformations of the same work.
Article 12. Copyright in Audiovisual Works
1. The following shall be recognized as authors of an audiovisual work:
- The director or maker;
- The author of the scenario;
- Artistic director;
- Camera director;
- The author of the musical work (with or without words) that has been specially created for that audiovisual work (composer).
Authors of the work used in the preparation of the scenario of an audiovisual work, or the work created in the process of work over the audiovisual work or entered into an audiovisual work as a part is considered to be an author of the audiovisual work in relation to its own part.
Authors of work, who agreed with the entrance of their works into an audiovisual work do not have a right to prohibit the use of an audiovisual works or limit them by any means.
2. The conclusion of a contract for the making of an audiovisual work shall constitute assignment, by the authors of the work to the producer thereof, of the exclusive rights of reproduction, public performance, communication to the public by cable, broadcasting, or any other public communication of the work, and also the exclusive subtitling and dubbing rights, unless otherwise provided in the contract. The said rights shall operate throughout the period of validity of the copyright in the audiovisual work.
The producer of the audiovisual work shall have the right to mention his name or to demand such mention whenever the work is exploited.
3. The authors of the works constituting the audiovisual work (with or without words) shall retain the right to remuneration of his musical work from each public performance, informing and also rent of copies.
4. Authors of audiovisual works have a right to receive emoluments for the rental of an original or copies of an audiovisual work for commercial purposes or their use by other means. The emolument is paid in accordance with the conditions provided for in the contract concluded between organizations managing the work as an owner of the right or collectively based on the property rights.
Article 13. Copyright on works created in the course of duty obligations or in the performance of an assignment expressly given by the employer
1. The copyright in a work created in the course of duty obligations or in the performance of an assignment expressly given by the employer (service-related work) shall belong to the author of the said work.
2. The exclusive right to exploit the service-related work shall belong to the person to whom the author is bound by employment relations (employer), unless otherwise provided in the contract concluded by the said person with the author.
In any form of use of the service-related work (reprinting of a service-related work, translation into other language, reprocessing etc.) an author of a service-related work has a right to receive remuneration. The amount of the remuneration of the author for each form of use of the service-related work, and the manner of the payment thereof, shall be specified in the contract concluded by the author and employer.
3. If service-related work is not used by an employer (customer of a service-related work) within 3 years without any grounds, exclusive rights to use the works carries over to the author. The term can be reduced based on the agreement of the parties.
4. The employer shall have the right to mention his name or demand such mention in connection with any exploitation of the service-related work.
5. The provisions of this Article shall not apply to the making, in the course of duty obligations or the performance of an assignment expressly given by the employer.(Article 10 of this Law).
Article 14. Personal (non-property) Rights
1. The author shall enjoy the following moral rights in relation to his work:
the right to have his authorship of the work recognized (right of authorship);
the right to exploit the work or to authorize the exploitation thereof, either with the mention of his true name or his pseudonym or without any name being given, that is to say anonymously (right to be named);
the right to the protection of the work, including the title thereof, against any distortion or other derogatory act liable to prejudice his honour or dignity (right to the protection of the author's reputation);
the right to disclose the work or to authorize the disclosure thereof in any form (right of disclosure), including the right to disavow or withdraw.
2. Moral rights shall belong to the author independently of his economic rights, and the author shall retain them even where the exclusive right to exploit the work is assigned.
3. The author shall have the right to renounce a decision taken earlier to disclose the work (right to disavow or withdraw), provided that the user is indemnified for any damages, including lost earnings, attributable to the said decision. If the work has already been disclosed, the author shall be bound to make the said withdrawal known to the public. He shall then have the right to withdraw from circulation, at his own expense, those copies of the work that have already been made.
The provisions of this paragraph shall not apply to service-related works.
Article 15. Property(economic) Rights
1. The author shall enjoy the exclusive right to exploit his works in any form and by any means, except cases according to the law.
2. The author's exclusive right to exploit the work shall be construed to mean the right to perform, authorize or prohibit the following acts:
reproduction of the work (right of reproduction);
distribution of copies of the work by any means, including sale, rental and other means (right of distribution);
importation of copies of the work for the purposes of distribution, including that of copies made with the permission of the owner of exclusive rights (right of importation);
presentation of the work in public (right of public presentation);
performance of the work in public (right of public performance);
communication of the work to the public (including showing, performance or broadcasting) by broadcast or rebroadcast (right of broadcasting);
communication of the work to the public (including showing, performance or broadcasting) by cable, wire or comparable means (right of communication to the public by cable);
translation of the work (right of translation);
adaptation, arrangement or other transformation of the work (right of adaptation).
The exclusive rights of the author in relation to the project for a design work, an architectural work, a work of urban planning or a work of park or garden design shall extend also to the practical realization of the project. Unless otherwise provided by contract, the author of an accepted architectural project shall have the right to demand that the party who commissioned the work allow him to take part in the realization of his project at the stage of the production of the documentary material relating to the construction or at the stage of the actual construction of the building or other structure.
Except for cases when an author refuses from remuneration and restriction specified in this Law, an author shall be paid remuneration for the usage of a work.
3. Where copies of a lawfully published work have been put into circulation by means of sale, their subsequent distribution shall not require authorization by the author and shall not give rise to the payment of remuneration to the author.
The right to distribute copies of the work by means of rental shall belong to the author without regard to the ownership of the said copies.
4. An author has a right to get remuneration for any use of a work (right to get remuneration). The amount and the manner of payment of remuneration to the author for each form of exploitation of the work shall be determined by the author's contract and by the contracts that organizations for the collective administration of economic rights conclude with users.
5. Restrictions of property rights provided for in the second item of the present articles, are determined in the 17-25th articles of the present Law without prejudice to normal usage of a work, and without groundless limitation of legal interests of an author and copyrights.
Article 16. Right of Access to Works of Fine Art. Resale Royalty
1. The author of a work of fine art shall have the right to demand of the owner of the work that he allow him to exercise the right of reproduction of his work (right of access), provided that the owner of the work may not be bound to deliver the work to the author to that end.
2. The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to a third party shall constitute the first sale of that work.
For each public resale of a work of fine art (sale by auction or at an art gallery or exhibition, in a shop, etc.), effected at a price at least 20% in excess of that of the previous sale, the seller shall pay the author remuneration representing 5% of the resale price (resale royalty).
That right is inalienable and transferable only to the author's legal heirs throughout the duration of the copyright.
Article 17. Use of Works and Phonograms for Personal Purposes
1. The reproduction of a lawfully disclosed work for exclusively personal purposes shall be authorized without need for the author's consent or payment of remuneration, except in the cases provided in 3rd paragraph of this article.
2. The provisions of paragraph 1 of this Article shall not apply:
- to the reproduction of works of architecture in the form of comparable buildings and structures;
- to the reproduction of data bases or substantial parts of data bases;
- to the reproduction of computer programs, except in the cases provided for in Article 24 of this Law;
- to the reprographic production(reproduction) of books (in their entirety), musical scores and originals of art works.
- illegal copying of a work delivered to public by interactive notification means;
- any copying with prejudice to normal usage of a work, and with groundless limitation of legal interests of an author and copyrights to a work delivered to public by interactive notification means
3. Author or legal holder for audiovisual works, produced from phonograms by entities, has rights for receiving royalty. Author's royalties shall be paid by manufactures and importers of equipment (sound recording equipment, videocassette recorders, etc.) and recording material (tape and cassettes for sound or video recording, optical discs, compact discs, etc.) used for this reproduction.
The amount, rules of distribution and payment of minimal remuneration specified in this article are determined by a respective agency of executive power.
4. The collection and distribution of the remuneration, indicated in paragraph 3, shall be effected by one of the organizations for collective administration of the economic rights of authors, phonogram producers and performers under an agreement concluded with the said organization (Article 42 of this Law). Except where otherwise provided in the agreement, the remuneration shall be distributed as follows: 40% to the authors, 30% to the performers and 30% to the phonogram producers.
The amount of the remuneration and the manner of its payment shall be determined by agreement between the aforementioned manufacturers and importers on the one hand and the organizations for collective administration of the economic rights of authors, phonogram producers and performers on the other hand, and, if the parties fail to agree, by The Copyright Agency of the Azerbaijan Republic especially empowered to do so.
The remuneration for reproduction in personal purpose indicated in 1st paragraph of this article are distributed between authors or other legal holders, performers and phonogram producers as usual.
5. No remuneration shall be paid for the recording equipment and material referred to in the 3rd paragraph of this Article that are exported or constitute professional equipment and material not intended to be used for home recording.
No remuneration also shall be paid in import of named equipment and materials by entities in private purpose.
Article 18. Reprographic Reproduction by libraries, archives and educational institutions.
1. It shall be permissible, without the author's consent and without payment of remuneration, but provided that the name of the author whose work is used and the source of the borrowing are mentioned, to make a reprographic reproduction in one copy and without gainful intent:
a) of a lawfully published work insofar as the reproduction is the work of a library or archive service and its purpose is to restore or replace lost or damaged copies, or to place copies at the disposal of other libraries that for any reason have lost works from their own collections, if publication of such copy is impossible by same way;
b) of isolated articles or succinct works lawfully published in periodical publications, or of short extracts from lawfully published written works(excepting computer programs), if the reproduction is the work of a library or archive service and it is done to meet the requirements of natural persons who will make use of the copies so obtained for study or research purposes;
c) of isolated articles or succinct works in periodical publications, or of short extracts from lawfully published written works (excepting computer programs), if the reproduction is the work of an educational establishment and the copy obtained is intended for classroom use.
2. Reprographic reproduction indicated in paragraph a and b of this article admitted in case of absence of licence for reprographic reproduction, issued by organisation which collective manage property rights of authors.
Article 19. Use of a Work in informational, scientific, educational and other purposes
The following shall be authorized without the author's consent and without payment of remuneration, but provided that the name of the author whose work is used and the source of the borrowing are mentioned:
1. the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose, of extracts from lawfully disclosed works, including the reproduction of extracts from newspaper and magazine articles in press reviews;
2. the use of lawfully disclosed extracts from works in publications, radio or television broadcasts or sound or visual recordings of educational character to the extent justified by the intended purpose;
3. the reproduction in newspapers, the broadcasting or communication to the public by cable of articles published in newspapers or magazines on economic, political, social or religious topics, or of broadcast works of the same nature, insofar as the author has not expressly prohibited such reproduction, broadcast or cable communication;
4. the reproduction or communication to the public, in connection with the reporting of current events by means of photography, broadcasting or public cable communication, of works that are seen or heard in the course of such events, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish such works in collections;
5. the reproduction in newspapers, the broadcasting or communication to the public by cable of political speeches, addresses, lectures and other works of the same nature given in public, to the extent justified by an informational purpose. The author shall nevertheless retain the right to publish those works in collections;
6. the reproduction in Braille or by other special means for the benefit of the blind, done without gainful intent, of lawfully disclosed works, with the exception of works created especially for such means of reproduction.
Article 20. Use of Works Permanently Located in a Public Place
The reproduction, broadcasting or communication to the public by cable of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author's consent and without payment of remuneration, except where the presentation of the work constitutes the main feature of the said reproduction, broadcast or communication to the public by cable, if it is used for commercial purposes.
Article 21. Public Performance in official and other ceremonies
The public performance of musical works in the course of official or religious ceremonies and at funerals shall be permissible without the author's consent and without payment of remuneration, to the extent justified by the nature of the said ceremonies.
Article 22. Reproduction for Judicial Purposes
The reproduction of works for the purposes of judicial proceedings, to the extent justified by the said purposes, shall be permissible without the author's consent and without payment of remuneration.
Article 23. Ephemeral short-term Recording by a Broadcasting Organization
A broadcasting organization may, without the author's consent and without payment of any additional remuneration, make an ephemeral recording of the work for which it has obtained the right of broadcasting, on condition:
a) that the organization makes the recording with its own equipment and facilities and for the purposes of its own broadcasts;
b) of obligation to destroy the recording within six months after it was made, except where a longer period has been agreed upon with the author of the work recorded; the recording may be preserved in official archives without the author's consent if it is of purely documentary character.
Article 24. Reproduction of Computer Programs and Data Bases. Decompilation of Computer Programs
1. Any person lawfully in possession of a copy of a computer program or data base may, without permission from the author or any other owner of the exclusive right to exploit the work and without paying any additional remuneration,
make alterations to the computer program or data base, where the purpose thereof is solely to ensure their operation on the user's material, and perform any act in relation to the operation of the computer program or data base according to its intended purpose, including any inputting or storing in a memory (that of an individual computer or that of one of the computers in a network), and also correct obvious errors, except where otherwise provided in the contract concluded with the author;
make a copy of the computer program or data base, provided that the copy is intended solely for archiving and for the replacement of a lawfully acquired copy in the event of the latter having been lost, destroyed or rendered useless.
2. The copy of the computer program or data base may not be used for purposes other than those specified in subparagraph (1) of this paragraph, and that it must be destroyed should the possession of the copy of the computer program or data base cease to be lawful.
3. Any person lawfully in possession of a copy of a computer program may, without permission from the author or any other owner of exclusive rights, and without paying any additional remuneration, reproduce or convert the object code making it into a source code (decompile the program) or have such acts performed by third parties, if they are essential to ensure the interactive capabilities of a computer program independently created by that person with other programs compatible with the program so decompiled, in which case the following conditions have to be fulfilled or observed:
a) the person concerned must not previously have had access to other sources capable of providing him with the information necessary to ensure the interactive capability;
b) the acts mentioned must only be performed in relation to the parts of the computer program the decompilation of which is essential to the achievement of the interactive capability;
c) the information obtained by decompilation may only be used for the achievement of the interactive capability of the independently created computer program with other programs; the information may not be passed on to third parties, except where necessary to ensure the interactive capability of the independently created computer program with other programs and it may not be used for the development of a computer program of a type essentially comparable to the decompiled computer program, or for the performance of any other act prejudicial to copyright.
Term of Copyright
Article 25. Term of Copyright
1. Copyright shall have effect throughout the lifetime of the author and for 70 years after his death, except as provided in Article 26 of this Law.
The author's private rights(right to claim authorship of his work, his right to be named as such and his right to protection for his reputation) shall be protected without limitation in time. Protection of a copyright after authors death provide in accordance to the article 29 of this Law.
2. Any period under paragraph 1 of this Article and Article 26 of this Law shall be calculated as from the beginning of the year following that in which the legal act occurred that marks the starting point of the period.
3. Terms of protection specified in the present Law are applied to all the works with unexpired term of protection on the moment of entrance into force of the present Law.
Article 26. Special Terms of Copyright
1. The copyright in an anonymous or pseudonymous work shall have effect for 70 years following the date of the lawful disclosure thereof.
If, in the course of that period, the author of the anonymous or pseudonymous work reveals his identity, or if that identity is no longer in doubt, the provisions of the first subparagraph of paragraph 1 of Article 25 of this Law shall be applicable.
2. The copyright in a work of joint authorship shall have effect until the death of the last surviving co-author and for 70 years thereafter.
3. Copyright in a posthumous work, published at first time during 30 years, shall have effect for 70 years following the first publication of the work.
4. The copyright in a work of collective authorship, in accordance to the Article 10 of this Law, shall have effect for 70 years from the date of publishing, in case unpublishing from date of creation.
Article 27. Public Domain
1. On the expiration of the term of the copyright in a work, the work shall fall into the public domain.
Works that have never enjoyed protection on the territory of the Azerbaijan Republic shall likewise be deemed fallen into the public domain.
Samples of Azerbaijan folklore (traditional cultural samples) and traditional Azerbaijan knowledge enter the public domain.
Samples of Azerbaijan folklore are protected by the Law of Azerbaijan Republic “On the legal protection of samples of Azerbaijan folklore”.
Works that have fallen into the public domain may be freely used by any person without payment of remuneration. However, the author's right to claim authorship, his right to be named as such and his right to protection for his reputation as author shall be respected (Article 14 of this Law).
2. The works of Azeri creators, deemed fallen into the public domain, could be recognized public domain by authorized body and for its utilization could be established special payments. That royalty calculated for the use of public domain shall be paid to the state budget of the Republic of Azerbaijan.
TRANSFERRING OF COPYRIGHT. COPYRIGHT CONTRACT
Article 28. Transfer and assignment of Copyright
The property rights provided for by the present Law are transferred in accordance with the author's contracts and are assigned by succession.
Article 29. Transfer of Copyright by Succession
1. Copyright is transferable by succession and by inheritance under the Law.
The rights for works indicated in article 14 of this Law shall not be transferable by succession.
The heirs of the author may ensure the defence of those rights without limitation in time.
2. Author has rights for indication the person whom he transfers the rights for protection, in way of assigning the heir executor. Such person (heir) provides authorities for life.
Where the author has no heirs, the defence of the rights in question shall be ensured by Copyright Agency of the Azerbaijan Republic especially empowered to do so.
Article 30. Assignment of Rights by Authors' Contracts
1. The assignment or licensing of economic rights referred in Article 15 of this Law shall be effected by authors and other legal holders by author's contract.
Economic rights may be the subject of an author's contract for the assignment of exclusive rights or an author's contract for the licensing of non-exclusive rights.
2. The author's contract for the assignment of exclusive rights(exclusive license) shall allow only that person to whom the rights have been assigned to exploit the work by a specified means and within the limits set by the contract, and shall confer on that person the right to prohibit any comparable exploitation of the work by third parties.
3. The author's contract for the licensing of non-exclusive(non-exclusive licence) rights shall allow the licensee to exploit the work under the same conditions as the owner of the exclusive rights who has granted those rights to him, or as other persons who have obtained permission to exploit the work by the same means.
4. The rights to which an author's contract relates shall be deemed non-exclusive where the contract contains no express provisions to the contrary.
5. State due shall be paid for registration of contracts on complete or partial transference of rights for a work, an object of Neighboring rights and their use (property rights)in the order specified in the legislation.
Article 31. Conditions Governing the Author's Contract
1. The author's contract shall specify:
- the modes of exploitation of the work (the specific rights assigned or licensed under the contract),
- the period and the territory for which the rights are assigned or licensed,
- the amount of the remuneration payable for each of the modes of exploitation of the work, or the methods for the calculation of the amount of that remuneration,
- the procedures and the periods for the payment of the remuneration and such other conditions as the parties may consider essential for the contract concerned.
If the author's contract does not specify the modes of exploitation of the work (the specific rights assigned or licensed by the contract), contract shall consider signed for modes of exploration, which are necessary for achievement the purpose of sides, available for the time of conclusion.
If the author's contract does not specify the period for which the rights are assigned or licensed, the author may terminate it on the expiration of a period of five years, following its conclusion, subject to advance notice of six months.
If the author's contract does not specify the territory for which the rights are assigned or licensed, the rights concerned by the contract shall have effect only on the territory of the Azerbaijan Republic.
2. The author's contract shall specify remuneration in the form of a percentage of the revenue derived from exploitation of the work by the intended means or, where that is not possible in view of the nature of the work or the particular circumstances of the exploitation thereof, in the form of a lump sum or in any other manner.
3. Any clause in an author's contract that imposes limits on the author regarding the future creation of works on a particular subject or in a particular field shall be deemed invalid.
4. The author's contract shall be in written form.
Article 32. Subjects of Neighboring Rights
1. The subjects of Neighboring rights are performers, producers of phonograms and broadcasting organizations. Neighboring rights shall provide without damaging on copyright, indicated in 2nd title of this Law.
2. The producer of a phonogram and the broadcasting organization shall exercise their rights as specified in this Title within the limits of the rights that the performer and the author of the work recorded on the phonogram or broadcast or transmitted by cable have granted them by contract.
3. The performer shall exercise the rights specified in this Title without infringing the rights of the author of the work performed.
4. The origin and exercise of Neighboring rights shall not be subject to compliance with any formality. The producer of a phonogram and the performer may, in order to publicize their rights, make use of a reserved rights notice which should be placed on every copy or on every sleeve or inlay card of the phonogram and should consist of the following three elements:
- a circled capital letter' (P);
- the name of the owner of the exclusive rights;
- the year of first publication of the phonogram.
5. Exclusive owners of rights to objects of Neighboring rights may register such objects in respective agencies of executive power available in the sphere of copyrights of the Azerbaijan Republic within the validity term of Neighboring rights. In this case, a certificate on registration of objects of Neighboring rights, a sample of which is confirmed by a respective agency of executive power.
Article 33. Rights of the Performer
1. The performer shall be granted the following exclusive rights in relation to his performance:
- the right to be named;
- the right to the protection of the performance against any distortion or other derogatory act liable to prejudice his honour or dignity;
- except as provided in this Law, the right to exploit the performance in any form, including the right to be paid remuneration for every such form of use.
2. The exclusive right to exploit the performance means the right to perform or authorize the following acts:
a) public notification of a performance by air or by cable, if a performance used for such notification was previously not delivered by air or if carried out without using recording.
b) recording of a hitherto unrecorded performance;
c) direct or indirect recording of a record of a performance;
c) notification of a performance by air or by cable in initial state prepared without a commercial purpose.
d) sale of an original or copies of a performance recorded on phonogram, or other means of broadcasting by transference of a property right. If an original or copies of a performance recorded on phonogram, was legally issued for civil turnover by other means of transference of the property right, their broadcasting is allowed without the consent of a performer and without payment of fee in the territory of the country;
e) rental of a performance, irrespective of a property right to an original and copies, after broadcasting of an original or copies of a performance recorded on phonogram even with t