Copyright Agreement in Uzbekistan

The development of the digital economy, information technologies, and creative industries has significantly increased the importance of contractual mechanisms for disposing of the results of intellectual activity. The copyright agreement is a central instrument for the lawful circulation of works of science, literature, and art.

In accordance with the legislation of the Republic of Uzbekistan, the author holds exclusive economic rights to use a work in any form and by any means. The exercise of these rights in civil circulation is carried out, above all, through a copyright agreement.

The purpose of this study is to provide a comprehensive analysis of the copyright agreement as an institution of civil law in the Republic of Uzbekistan.

A copyright agreement is a civil law contract under which the author or another right holder grants another person the right to use the work within certain limits or transfers the exclusive economic rights in full.

The legal nature of a copyright agreement is characterized by the following features:

1. Consensual character.
2. Onerous character (presumption of payment of author’s remuneration).
3. Bilateral character.
4. Special subject matter — the exclusive economic right.

At the same time, the author’s moral rights (the right of authorship, the right to a name, the right to the integrity of the work, etc.) are inalienable and remain with the author regardless of the transfer of economic rights. Agreements waiving such rights are void.

Thus, a copyright agreement regulates exclusively the economic component of copyright.

Types of Copyright Agreements

In theory and practice, the following types of copyright agreements are distinguished:

1. Agreement on Assignment of Exclusive Rights. Under this agreement, the right holder transfers the exclusive right to another person in full. The new right holder is entitled to use the work by any means and to authorize or prohibit its use by third parties.

Legal consequences:

• the transfer of rights is final in nature;
• the former right holder loses the possibility of independently using the work within the scope of the transferred rights.

2. Author’s Commissioning Agreement. A special variety is the author’s commissioning agreement, under which the author undertakes to create a work in the future and transfer the rights to use it to the customer.

Essential Terms of a Copyright Agreement. The essential terms include:

1. Subject matter of the agreement. A clear indication of the work (or future result of creative activity).
2. Methods of using the work. The law establishes a list of methods of use (reproduction, distribution, communication to the public, translation, adaptation, etc.). If a method of use is not expressly specified in the agreement, it is deemed not to have been transferred.
3. Term of transfer of rights. In the absence of such indication, the general term of copyright protection applies.
4. Territory of use. In the absence of such indication, the territory of the Republic of Uzbekistan applies.
5. Amount and procedure for payment of remuneration. The author is entitled to remuneration for each type of use of the work.

Failure to agree on the essential terms may result in the agreement being deemed not concluded.

Limitations on Freedom of Contract in the Field of Copyright

Freedom of contract in the field of copyright is limited by a number of mandatory rules:

• prohibition of assignment of moral rights;
• impossibility of waiving the right of authorship;
• obligation to comply with copyright limitations and exceptions (free use of works in cases established by law);
• special rules on the resale right (droit de suite) for works of fine art.

Of particular importance is the rule that a work may be used only under an agreement with the right holder, unless otherwise provided by law.

Problematic Issues in Law Enforcement Practice

1. Presumption of transfer of rights. In practice, disputes often arise regarding the interpretation of contractual terms. Judicial practice proceeds from the principle of narrow interpretation of transferred rights: if a method of use is not expressly specified, it is deemed not to have been transferred.

2. Digital environment. Particular difficulties arise when transferring rights to:

• posting on the Internet;
• streaming;
• digital copying;
• cloud storage.

The concept of “communication to the public” covers making a work accessible in an interactive mode, which requires precise wording of contractual terms.

3. Employee-created works. A separate analysis is required for the allocation of rights between the author and the employer when a work is created within the framework of employment duties.

A copyright agreement is a key mechanism for the lawful circulation of works of science, literature, and art. Its legal structure combines the principles of freedom of contract with mandatory limitations aimed at protecting the author’s personality.

In the context of the digitalization of the economy, detailed regulation of the methods of using works and clear determination of the scope of transferred rights acquire particular importance.

Improvement of legislation and development of judicial practice should be aimed at:

• unifying approaches to the interpretation of agreements;
• strengthening the protection of authors;
• adapting legal norms to the digital environment;
• balancing the interests of right holders and society.