Types of Copyright Transfer Agreements KAZAKHSTAN

Aizhan MUKHAMMAD

Country Director – KAZAKHSTAN

According to the copyright agreement, the rights to a work can be either assigned or transferred for temporary use.

According to the agreement on the transfer of exclusive copyrights, the licensor (author) gives the licensee the right to temporarily use the work in a certain way, in the amount stipulated by the contract, as well as the right to prohibit the use of the work to other persons.

The author’s agreement of the transfer of non-exclusive rights allows the user to use the work on an equal basis with the owner of the exclusive rights, who transferred such rights and/or to other individuals who have permission to use this work.

The rights transferred under the copyright agreement are considered non-exclusive, unless expressly provided otherwise in the agreement.

The copyright agreement must include the following essential terms:

1) ways of using the work (rights transferred under the contract);

2) the term and territory to which the right is transferred;

3) the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and terms for its payment, as well as other conditions that the parties consider essential for this agreement.

It is unacceptable in an author’s contract to restrict an author from creating future works on a given topic or in a given field. Remuneration is determined as a percentage of the income for the appropriate use, in the form of a fixed amount or otherwise. A copyright assignment agreement should be in writing.

Under the author’s contract agreement, the author agrees to create a work in accordance with the terms of the contract and transfer it to the purchaser. One of the essential conditions of such an agreement is the period during which the work must be transferred to the purchaser, as well as the conditions for the transfer of property rights to use the work. According to the copyright agreement of the order, the purchaser is obliged to pay the author an advance for future works. If the author has not provided the work ordered in accordance with the terms of the contract, he is obliged to compensate for the real damage caused to the purchaser.