50 Questions on Copyright Law in Uzbekistan

1. What is the purpose of the Law on Copyright and Related Rights?

Answer: The purpose of the Law is the comprehensive regulation of social relations arising in connection with the creation and use of works of science, literature and art (copyright), as well as performances, phonograms and broadcasts of broadcasting or cable organizations (related rights). The Law aims to ensure a balance between the interests of authors, right holders and society.

2. What is the relationship between national legislation and international treaties in the field of copyright?

Answer: If an international treaty of the Republic of Uzbekistan establishes rules different from those provided by national legislation, the provisions of the international treaty shall prevail. This ensures compliance with international obligations and harmonization of the national copyright system.

3. What is understood as a “work” under the Law?

Answer: A work is the result of creative activity in the field of science, literature or art expressed in an objective form, regardless of its purpose, merit or method of expression.

4. What is the difference between “disclosure” and “publication” of a work?

Answer: Disclosure means any act carried out with the author’s consent that makes the work available to the public for the first time (performance, display, broadcasting). Publication means distribution of copies of a work in quantities sufficient to satisfy reasonable public demand.

5. What does the principle of protection of form rather than ideas mean?

Answer: Copyright protects the specific form of expression of a work but does not extend to ideas, methods, concepts, processes or principles as such. This principle prevents monopolization of ideas.

6. What constitutes reproduction of a work?

Answer: Reproduction means the making of one or more copies of a work in any material form, including digital recording into computer memory or other electronic devices.

7. Which works are considered audiovisual works?

Answer: Audiovisual works are fixed sequences of images, with or without sound, intended for visual and auditory perception (films, television programs, video works, etc.).

8. Who is recognized as the author of a work?

Answer: The author is the natural person whose creative labor resulted in the creation of the work. Legal entities cannot be recognized as authors.

9. What is public performance?

Answer: Public performance is the communication of a work to the public through performance or other means in places open to the public or where a substantial number of persons are present.

10. Who is considered a right holder?

Answer: A right holder is the author (or heirs), as well as other persons who acquired economic rights under a contract or other lawful grounds.

11. To which works does copyright protection apply in Uzbekistan?

Answer: Protection applies to works of citizens of Uzbekistan, works first published in Uzbekistan, and works protected under international treaties.

12. Are unpublished works protected by copyright?

Answer: Yes. Copyright protects both published and unpublished works provided they are expressed in an objective form.

13. Which materials are not subject to copyright protection?

Answer: Official documents, state symbols, folklore, news of the day, and results created without human creative participation.

14. Does copyright arise without registration?

Answer: Yes. Copyright arises automatically upon creation of the work without registration or other formalities.

15. What is the presumption of authorship?

Answer: A person indicated as the author on a copy of the work is presumed to be the author unless proven otherwise.

16. What is co-authorship?

Answer: Co-authorship is the joint authorship of a work created through the common creative effort of two or more persons, regardless of whether the work is divisible.

17. How are rights distributed among co-authors?

Answer: In the absence of an agreement, rights are exercised jointly and remuneration is shared equally.

18. What moral rights belong to the author?

Answer: The right of authorship, the right to a name, the right of disclosure (including withdrawal), and the right to protection of the integrity and reputation of the work.

19. Can moral rights be transferred?

Answer: No. Moral rights are inalienable and protected indefinitely.

20. What economic rights belong to the author?

Answer: Exclusive rights to reproduction, distribution, translation, adaptation, public performance, communication to the public, and other forms of use.

21. Is non-commercial use without authorization considered infringement?

Answer: Yes, unless such use falls within statutory limitations or exceptions.

22. What is the right of withdrawal?

Answer: The author may withdraw a work from disclosure provided compensation is paid for damages caused to users granted exploitation rights.

23. What is a derivative work?

Answer: A work created through creative transformation of another work (translation, adaptation, dramatization, etc.).

24. Are collective works protected?

Answer: Yes. Protection applies to creative selection or arrangement of materials, subject to the rights of incorporated works.

25. Is the © notice mandatory?

Answer: No. The copyright notice serves only an informational function and does not affect protection.

26. What are related rights?

Answer: Rights of performers, phonogram producers, and broadcasting organizations connected with the use of works.

27. Who are subjects of related rights?

Answer: Performers, phonogram producers, and broadcasting or cable organizations.

28. Is registration required for related rights?

Answer: No. Related rights arise automatically upon fulfillment of statutory conditions.

29. What objects are protected by related rights?

Answer: Performances, phonograms, and broadcasts.

30. What moral rights belong to performers?

Answer: The right to be identified and the right to protection against distortion of performance.

31. What economic rights belong to performers?

Answer: Rights to fixation, reproduction, distribution, broadcasting, rental, and communication of performances to the public.

32. What rights belong to phonogram producers?

Answer: Exclusive rights to reproduction, distribution, rental, importation and broadcasting of phonograms.

33. What is remuneration for public use of phonograms?

Answer: Even where use occurs without authorization (public performance or broadcasting), remuneration must be paid through collective management organizations.

34. What rights belong to broadcasting organizations?

Answer: Exclusive rights to recording, reproduction, retransmission, distribution and communication of broadcasts to the public.

35. What is the term of protection of related rights?

Answer: Generally 50 years from the first performance, fixation or broadcast, while performers’ moral rights are protected indefinitely.

36. What is the legal nature of collective rights management?

Answer: It is a special mechanism for exercising economic rights through specialized non-profit organizations acting under written authorization of right holders.

37. Who may establish collective management organizations?

Answer: Authors, performers, phonogram producers and other right holders.

38. Are collective management organizations commercial entities?

Answer: No. They operate as non-profit organizations in the interests of right holders.

39. Is transfer of exclusive rights required?

Answer: No. Only management authority is transferred, not ownership of rights.

40. May a right holder authorize several organizations simultaneously?

Answer: No. Authorization may be granted to only one organization per category of rights.

41. What decisions are taken by right holders themselves?

Answer: Remuneration rates, licensing terms, distribution procedures and payment mechanisms.

42. May a collective management organization refuse to conclude agreements?

Answer: Refusal is allowed only on lawful grounds; conditions must be equal for users of the same category.

43. What are the main obligations of collective management organizations?

Answer: They must:

• provide reports;
• distribute and pay remuneration regularly;
• use collected funds strictly for designated purposes.

44. What methods of protection are available?

Answer: Judicial, administrative and other legal remedies including civil, administrative and criminal liability.

45. What claims may a right holder bring?

Answer: Recognition of rights, cessation of infringement, damages or compensation, seizure and destruction of counterfeit copies.

46. What is a counterfeit copy?

Answer: A copy produced or distributed in violation of exclusive rights.

47. Can moral rights be protected after the author’s death?

Answer: Yes. Protection may be exercised indefinitely by heirs or authorized state bodies.

48. Can illegally obtained income be recovered?

Answer: Yes. Income derived from unlawful use is subject to recovery in favor of the right holder.

49. What is the role of collective management organizations in enforcement?

Answer: They may file claims, collect remuneration and represent right holders in court.

50. Is international copyright protection possible?

Answer: Yes. Protection may also be exercised under international treaties of the Republic of Uzbekistan where a foreign element exists.