S.T. Mauiyayeva

Senior lecturer

NARXOZ university

Almaty, Kazakhstan

Concepts and types of the subject of copyright

The subject of copyright is law or copyright, scientific, literary and art works issue, their owners or employers and others.     

As the subject of copyright can be individuals and legal entities.[1, p.25.].

The latter usually are newspapers, magazines publishing and some other content in the works, audiovisual works, manufacturers and service employers, author of the work.

In accordance with Article 9 of the Law «On Copyright and Related Rights» of the Republic of Kazakhstan science, literature and art copyright arises by the fact of its creation. Copyright formation and registration of the work to be carried out, work or other special registration is not required to maintain any criteria. Their exclusive property rights for information about the author and (or) protection of the rights of the copyright owner has the right to use the mark, it is mandatory to sign each copy of the work and consists of the following three elements:

- The circled Latin letter «C»;

- The name of the owner of the exclusive rights (title);

- Year of the first publication.

Unpublished work for the certification of personal non-property rights of the author, as well as the owner of the exclusive property rights to the product in order to confirm the protected by copyright, or at any time during the term of the relevant terms shall have the right to register their official registers. Registration is carried out by the competent authority in accordance with the laws of the Republic of Kazakhstan. Individuals or legal entities of goods (services) to other individuals or legal entities similar goods (services) used to disable (but) not registered as an object of copyright.

In the absence of other evidence as the author of the original or copy of the work, the person is considered to be the author of the work.  

Derivative published anonymously or under a pseudonym (except for his name and he has no doubts that the pseudonym of the author), the product name or the name of a representative of the publisher of the author in accordance with the law in the absence of other evidence and protect the rights of the author as a representative is to ensure the implementation of its have the right to. This rule until you as the author of the work, its identity and its claims authorship shall apply.   

If an individual considers himself the author of the manuscript of the work misuse or misappropriation of others it deems necessary to comply with the order to prevent the departure of the authorized body is obliged to accept the manuscript, which is a certificate from the person who carried out the manuscript on his life.

Manuscripts, acceptance and storage shall be determined by the authority.

So, like copyright and authorship appear the copyright of the publisher of the work from the date of entry into force of the work. Copyright and patent law and other production is the main feature in comparison with the object of ownership. The emergence and entry into force of the copyright registration, and other works of any special procedures and formalities observed [2, 81 p.].

To alert the rights of the owner of the copyright in his work that each instance of the use of the signs of the protection of copyright and consisting of three elements: the siege of circled letter «C»; the name of the owner of the exclusive rights (name); in the first publication of the work.

Copyright protection information purposes and because the place had the optional content, composition mandatory sign departmental guidelines on the protection of copyright law in 1952, allowing the world is contrary to the Convention.

Letter «C» «copyright» (copyright) is the first letter of the English word. Printed works instance of this work in practice copyright sign copyright protection is used to ensure that unauthorized use of the conditions. With the sign of the protection services, offices and public, copyright infringement, users will be able to effectively deal with illegal works. For example, taking the lists of works in the country, the customs authorities issue, monitor the presence of the seal of the imported product protection. No sign of protection, the judicial authorities of imposing a ban on the transport of illegal products and other penalties are the same.

There is a presumption of authorship: In the absence of evidence is the author of a work considered to be a person or a copy of the original author. This presumption if one of the authors of some of the work that is subject to copyright.

If we talk about the next to be co-authors of two or more persons (co-authors), the copyright in the work of the joint creative work, such an inseparable whole of the work or whether each is a separate part, will be owned by the co-authors.

If the work is part of this work can be used independently from other parts, this part of the individual is recognized as having value.           

Unless otherwise specified in the agreement between the co-authors, each of which has independent value of the work itself part of the right to use their own discretion. Co-authors the right to use the work as a whole. Relations between the co-authors may be established by agreement between them. If the work of co-authors is an indivisible whole, none of the co-authors of the work has no right to prohibit the use without sufficient reason.

On behalf of each of the co-authors, including other authors without permission, unless otherwise stipulated in an agreement between them, related to the protection of the rights stipulated in this Law and other legislative acts of the Republic of Kazakhstan to apply the measures.

Two or more persons co-author of the fact that to the work of the joint creative work. Co-author’s copyright in the work all the same, as an integral whole and individual parts, a co-author of the independently used. First indivisible, and the second is called distributed. There are two types of co-authorship, for example, the use of different mode. Author of a collection or other composite works (compiler) creative (design), which is the result of the selection of materials and (or) placement provided for the exercise of copyright.

The authors of each work included in the composite work of the developer, subject to the rights of the copyright. Unless otherwise specified by the author's contract, the authors of the works included in the composite work shall have the right to use their works independently of the composite work. Designer copyrighted works of others of the same materials combined to create a personal selection and (or) does not impede.

Encyclopedias, encyclopedic dictionaries, periodic and continuing collections of scientific papers which, newspapers, magazines and other periodical publications issued by the publisher shall have the exclusive right to the use of such a whole. In any case, the use of such publications, the publisher has the right to mention his name or to require it. Despite the publication of the authors of the works included in such publications shall retain the exclusive rights to the use of their works.

Translators and other derivative works created by their authors into a translation, musical arrangement or other treatment shall be copyright.

Pay by the translator and author of other derivative work, a musical for processing or other derivatives, subject to the right of the author of the copyright to the work performed by him. The copyright of the authors of the translators and other derivative works, that other people can not interfere with the processing and transfer of works.

The authors of an audiovisual work (co-authors):

- The author of the script;

- Specially designed for audio-visual work of music (the text with or without words) the author (composer);

- Director-The stage;

- The artist is an artist.  

Previously released, recycled or audio-visual item included as an integral part of the derivatives is the author and co-author of the audiovisual work.          Before the audio visual work or be made to give the right to the product of the author's contract, except as provided in paragraph 3 of this article, the authors (or earlier authors and other copyright owners) with the manufacturer of the audio-visual work, if different from the author’s contract provided for the submission of the exclusive right to the use of audio-visual work entails.

Before the audio visual work or be made to give the right to the product of the author's contract, except as provided in paragraph 3 of this article, the authors (or earlier authors and other copyright owners) with the manufacturer of the audio-visual work, if different from the author’s contract provided for the submission of the exclusive right to the use of audio-visual work entails.    

Creator of the audiovisual work is a derivative of any use of his name or the name of the show, or it may require the display.

Specifically designed audiovisual music (text with or without words), author of the musical context of the implementation of each of the audio-visual works as public its public communication, as well as audio-visual creations copies (lease) reserves the right to remuneration for the transfer . Already included as part of the audiovisual (author of the novel as a basis for the script, and others), as well as in the course of the work (production operator, production artist, etc.), each of the authors of the works of the copyright to his work.

The procedure for the performance of official duties, or the employer's official derivative having the author of the personal non-property rights of the authors of the official work. If the employer and, unless otherwise provided for in the agreement and took office the employer the right to use the property of the work.

After the expiration of ten years from the date of submission of the derivative and the employer in the case of even earlier, regardless of its use and the work contract with the employer will be entitled to receive the full copyright royalties. Duties or the employer's business in order to accomplish the tasks of encyclopedias, encyclopedic dictionaries, collections of scientific papers that term and ongoing, newspapers, magazines and other periodicals above rules do not apply.

References:

1. Kaudyrov T. E. Persons of law of intellectual property. - Almaty.-2001. - 310 p.

2. Kalyatin V. O. Intellectual property (exclusive rights). M, 2000. - 125 p.