Copyright in Uzbekistan

The institution of copyright and related (neighboring) rights is one of the key components of the legal regulation of intellectual property. It ensures the protection of the results of creative activity, stimulates cultural and scientific development of society, and establishes legal mechanisms for the fair distribution of income derived from the use of works.

In the Republic of Uzbekistan, the basic regulatory act in this field is the Law “On Copyright and Related Rights,” which lays down the fundamental provisions of the legal regime for the protection of works of science, literature, and art, as well as the results of performing and broadcasting activities.

The purpose of the Law is to regulate relations arising in connection with the creation and use of works of science, literature, and art, as well as objects of related rights. Thus, the legislator emphasizes the comprehensive nature of legal regulation, covering both the creative result itself and the process of its commercial and non-commercial exploitation.

An important principle is the priority of international treaties of the Republic of Uzbekistan over national legislation, which ensures the harmonization of the domestic legal system with international standards in the field of intellectual property.

Article 3 of the Law contains an extensive conceptual framework, including definitions of such key categories as “work,” “publication,” “reproduction,” “performance,” “phonogram,” “making available to the public,” and others. Their normative consolidation is of fundamental importance for law-enforcement practice, since it is precisely through these concepts that the content of exclusive rights and the scope of permissible use of copyright objects are revealed.

Scope and Objects of Copyright

Copyright applies to works of science, literature, and art that are the result of creative activity and are expressed in an objective form, regardless of their purpose, merit, or method of expression. At the same time, it is the form of expression of a work that is protected, rather than ideas, methods, or concepts as such, which corresponds to the classical doctrine of copyright law.

The Law provides a detailed list of protected works, including literary, musical, and audiovisual works, computer programs, databases, and derivative works. At the same time, it establishes a list of objects that are not subject to copyright protection (official documents, state symbols, and works of folklore).

Emergence of Copyright and the Presumption of Authorship

A significant feature of Uzbek legislation is the provision that copyright arises by virtue of the fact of creation of a work and does not require registration or compliance with any formalities. The presumption of authorship ensures protection of the author’s rights at the very initial stage of the existence of a work, which is particularly important in the digital environment.

Moral (Non-Property) and Economic (Property) Rights of the Author

The author holds moral (non-property) rights, including the right of authorship, the right to a name, the right of publication, and the right to protection of reputation. These rights are inalienable and are protected indefinitely.

The author’s economic rights are exclusive in nature and include the right of reproduction, distribution, making available to the public, public performance, translation, and adaptation of the work. It is these rights that constitute the economic foundation of copyright and may be transferred under a copyright agreement.

Concept and Subjects of Related Rights

Related rights are aimed at protecting the interests of persons who do not create the work but ensure its communication to the public. The subjects of related rights include performers, producers of phonograms, and broadcasting organizations (terrestrial or cable).

The emergence of related rights, like copyright, does not require registration, which simplifies the mechanism for their exercise and protection.

Content and Limits of Related Rights

Performers hold rights to be identified by name, to protection of their performance, and exclusive economic rights. Producers of phonograms and broadcasting organizations possess exclusive rights to use the respective objects, including reproduction, distribution, and broadcasting.

Related rights have a limited term of protection (as a rule, 50 years), which reflects their auxiliary nature in relation to copyright and ensures a balance between the interests of right holders and society.

General Assessment

An analysis of the Law of the Republic of Uzbekistan “On Copyright and Related Rights” leads to the conclusion that the national model of copyright protection is systematic and conceptually well-structured. The Law consistently distinguishes between copyright and related rights, establishes a broad range of protected objects, and provides effective mechanisms for the protection of the rights of right holders.

At the same time, issues related to the adaptation of these norms to the digital environment require further scholarly consideration, in particular the use of works on the Internet and the cross-border circulation of intellectual property objects.

Differences Between Copyright and Related Rights

Criterion	Copyright	Related Rights
Legal nature	Protects the result of creative activity (works of science, literature, and art)	Protects the result of performing, organizational, and technical activity related to making a work available to the public
Legal basis	Chapter 2 of the Law “On Copyright and Related Rights”	Chapter 3 of the Law “On Copyright and Related Rights”
Object of protection	Works of science, literature, and art in any objective form	Performances, phonograms, broadcasts of broadcasting organizations
Creative element	Mandatory	May be absent
Subjects	Author (individual), co-authors, heirs, other right holders	Performers, phonogram producers, broadcasting organizations
Moment of emergence	From the moment of creation, without registration	From the moment of performance, recording, or broadcast, without registration
Registration requirement	Not required	Not required
Moral rights	Present	Limited (mainly for performers)
Alienability of moral rights	Inalienable	Inalienable (for performers)
Economic rights	Reproduction, distribution, making available, translation, adaptation, public performance, rental, etc.	Reproduction, distribution, making available, broadcasting, rental, retransmission
Right to remuneration	For each method of use	For use of performance, phonogram, or broadcast
Transfer by contract	Under copyright agreements	By agreement, copyright rules applied by analogy
Term of protection	Life of the author + 70 years	50 years
Public domain	After expiration of protection	Same
Protection symbol	© name of right holder, year	℗ name of right holder, year
Relationship	Primary right	Derivative right
Dependence	Independent	Must not infringe copyright

Limitations of Copyright

Type of limitation	Legal regime	Conditions	Consent required	Remuneration	Practical comment
General principle	Only as provided by law	No unjustified harm	No	No	Implements the “three-step test”
Private copying	Personal use copying	With exclusions	No	No	Must not become hidden distribution
Free use with attribution	Quotation, education, reviews	Attribution required	No	No	Key for science and media
Reprographic copying	Libraries and archives	Limited copies	No	No	Prevents mass copying
Works in public places	Architecture, sculpture	Non-commercial	No	No	Limited freedom of panorama
Ceremonial use	Official and religious ceremonies	Proportional	No	No	Socially oriented
Judicial use	Court proceedings	Procedural necessity	No	No	Important for evidence
Temporary recording	By broadcasters	Destroyed after 6 months	No	No	Technical exception
Software & databases	Use by lawful owner	Functional use	No	No	Linked to functionality
Levy for private copying	Phonograms and AV works	Via importers	No	Yes	Collective compensation mechanism

Copyright and related rights form a unified but heterogeneous system of intellectual property protection. Copyright has a primary and creative character, while related rights perform an auxiliary function, ensuring the economic and organizational exploitation of works. Their distinction is of fundamental importance for the correct legal qualification of relations, determination of the scope of rights, and selection of appropriate remedies for the protection of infringed rights.