June 2018Why to register copyrights is discussed in our previous article, and how to register copyrights in the US. Now we shall show how to do this in Kazakhstan. Objects of copyright are literary works; dramatic and musical-dramatic works; scripted works; 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, town planning, design and landscape art; Photographic works and works obtained in ways similar to photography; maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences; computer programs. Despite the fact that a “work” means all that is created directly by a person, any results of his mental and/or physical labor, it shall be protected only if it has a material embodiment. In other words, any works should be presented in any objective form: in the form of a manuscript, audio or video recording, in the form of a drawing, sculpture, etc. However, copyright does not extend to ideas, methods, processes, concepts, principles, since they can be implemented by different people with the creation of their own independent works. Forms of the work are the objects of legal protection, but not the elements of the content of the object. In addition, official documents (laws, judgments, other texts of legislative, administrative, judicial and diplomatic nature) and their official translations are not subject to protection; state symbols and signs (flags, emblems, orders, banknotes and other state symbols and signs); works of folk art; reports on events and facts of an informational nature; works that are intended to distinguish the goods (services) of certain individuals or legal entities from the homogeneous goods (services) of other individuals or legal entities (means of individualization of participants in the civil turnover of goods, works or services) are not registered as objects of copyright. What documents must be submitted for registration of copyright? Our practice shows that the most popular and often registered subject of copyright is a computer program, and this is understandable, because, firstly, they are most often used and distributed without the consent of authors and title holders, secondly, the connection with the rapidly growing use of such works. Further let’s consider what documents are needed in order to register copyrights for computer programs. It is required:
- application for registration;
- media (floppy disk or other electronic media) with the program and source code (source code) for the computer or database;
- the abstract of the computer program or database, including the name of the computer program or database, the name (surname, name, patronymic) of the applicant, the date of creation, scope, purpose, functionality, main technical features, programming language, type of implementing computer;
- a copy of the identity document of the applicant;
- the original document confirming the payment of the fee for state registration (3 MCI = 7215 KZT as of 2018).
Julia Zavalko - June, 2018