Commons:Copyright rules by territory/Kazakhstan
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Copyright rules: Kazakhstan Shortcut: COM:KAZAKHSTAN | |
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| Durations | |
|---|---|
| Standard | Life 70 years |
| Anonymous | Publish 70 years |
| Posthumous | Publish 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Kazakhstan}} {{PD-old-auto}} {{PD-KZ-exempt}} |
| ISO 3166-1 alpha-3 | KAZ |
| Treaties | |
| Berne convention | 12 April 1999 |
| WTO member | 30 November 2015 |
| URAA restoration date* | 12 April 1999 |
| WIPO treaty | 12 November 2004 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Kazakhstan relevant to uploading works into Wikimedia Commons. Note that any work originating in Kazakhstan must be in the public domain, or available under a free license, in both Kazakhstan and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Kazakhstan, refer to the relevant laws for clarification.
Background
Kazakhstan was ruled by Russia from the mid-19th century. The territory was reorganized several times after the Russian revolution of 1917, and in 1936 became the Kazakh SSR within the Soviet Union. When the Soviet Union was dissolved, Kazakhstan declared independence on 16 December 1991.
Kazakhstan has been a member of the Berne Convention since 12 April 1999, the WIPO Copyright Treaty since 12 November 2004 and the World Trade Organization since 30 November 2015.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. 6-I of June 10, 1996, on Copyright and Related Rights (as amended up to Law of No. 419-V of November 24, 2015) as the main copyright law enacted by the legislature of Kazakhstan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under the Law No. 6-I of June 10, 1996 (as amended up to Law of No. 419-V of November 24, 2015),
- Copyright shall be valid during the life of the author and for the period of 70 years after his/her death, except for cases stipulated by this Article.[419/2015 Article 28.1]
- The copyright to the work that is published anonymously or under pseudonym, shall be effective within 70 years after the date of its lawful publication.[419/2015 Article 28.4]
- The copyright to the work created in co-authorship, shall be effective during all his/her life and within 70 years after death of the last author who outlived other co-authors.[419/2015 Article 28.5]
- The copyright to the work that was published for the first time after thirty years from death of the author, shall be effective within 70 years after its publication starting from the first of January of a year following the year of its publishing.[419/2015 Article 28.6]
- If the author was subject to repression and rehabilitation after his/her death, the time period for the right protection stipulated by this Article, shall come into effect from the first of January of a year following the year of rehabilitation.[419/2015 Article 28.7]
- Calculation of time periods stipulated by this Article, shall start from the first of January of a year following the year in which a legal fact that is the basis for start of the time period, took place.[419/2015 Article 28.8]
- Related Rights with respect to a performer, producer etc. shall be effective within 70 years after the first performance or staging.[419/2015 Article 42.1]
Collective works
The editor who publishes encyclopedias, encyclopedia reference books, periodic and continuous collections of scientific works, newspapers, magazines and other periodicals, shall have exclusive rights to use such works as a single whole. When using such works in any way, the editor shall have the right to indicate his/her name or to claim such indication. Authors of works included in such periodicals shall keep exclusive rights to use their works irrespective of the periodical as a whole.[419/2015 Article 11.2]
Not protected
See also: Commons:Unprotected works
The following shall not be copyright objects: 1) official documents (laws, court decisions, other texts of legislative, administrative, judicial, and diplomatic nature), and their official translations; 2) state emblems and signs (flags, emblems, decorations, banknotes, and other state symbols and signs); 3) works of folklore; 4) messages about events and facts which are of informational nature.[419/2015 Article 8]
Copyright tags
See also: Commons:Copyright tags
- {{PD-KZ-exempt}} – for official documents (laws, court decisions and other texts of a legislative, administrative, judicial or diplomatic nature) together with official translations thereof, state emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs), works of folklore, communications concerning events and facts that have an informational character.
Currency
See also: Commons:Currency
OK Banknotes, together with other state symbols, are explicitly excluded from copyright by article 8 of Copyright law of Kazakhstan.[419/2015 Article 8]
Please use {{PD-KZ-exempt}} for Kazakhstan currency images.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK Only incidental, non-commercial use is allowed.
It shall be allowed, without consent of the author or owner of the right and without paying out royalties, to reproduce, to broadcast and (or) communicate for general information via cable of works of architecture, photography, fine arts, that are permanently located in the place open for free access, except for cases when the image of the work is the main object of such reproduction, broadcasting and (or) communication for general information via cable, or when the image of the work is used for commercial purposes. [419/2015 Article 21]
Stamps
See also: Commons:Stamps
use {{PD-KZ-exempt}}
Pursuant to Article 8 of Law No. 6-I of the Republic of Kazakhstan On Copyright and Associated Rights dated June 10, 1996, "official symbols and signs (flags, coats of arms, decorations, bills and coins and other official symbols and signs)" are not copyrighted.[419/2015 Article 8] Pursuant to Article 1 of Law No. 386-II of Kazakhstan On Post dated February 8, 2003, official signs of postage include "stamps, souvenir sheets, stamped covers, postcards, postage meter marks and other signs introduced into circulation by the authorised agency, which confirm that postal operator services have been paid."
See also
- Kazakhstan
- Category:Stamps of Kazakhstan
- Category:Kazakhstani FOP cases
- Commons:Copyright rules by territory/Soviet Union
Citations
- ↑ a b Kazakhstan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law No. 6-I of June 10, 1996, on Copyright and Related Rights (as amended up to Law of No. 419-V of November 24, 2015). Kazakhstan (2015). Retrieved on 2018-11-03.