Unofficial translation
Footnote. Throughout the word "organizations managing property rights on a collective basis", "Collective rights management organization," "organizations managing property rights on a collective basis", " Collective rights management organization," "Collective property rights management organizations", "organizations managing property rights on a collective basis," "organizations managing property rights on a collective basis,", "organization managing property rights on a collective basis," "Organization for collective management of rights", "organization managing property rights on a collective basis," "organization managing property rights on a collective basis", "organizations managing property rights on a collective basis" shall be replaced, respectively, by the words "collective rights management organizations," "collective rights management organization," "collective rights management organizations," "collective rights management organization," "Collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations," "collective rights management organizations", in accordance with the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (effective sixty calendar days after the date of its first official publication).
Footnote. Throughout the text, the words "Chapter I", "Chapter II", "Chapter III", "Chapter Ⅳ" and "Chapter Ⅴ" shall be replaced respectively by the words "Chapter 1", "Chapter 2", "Chapter 3", "Chapter 4" and “Chapter 5” by the Law of the Republic of Kazakhstan dated 06.20.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).Chapter 1. General provisions
Article 1. Subject of regulation
This Law regulates relations in the field of intellectual property arising in relation to creation and use of scientific, literary and artistic works (copyright), performance, phonograms, programs of on-air and cable broadcasting organizations (the related rights).
Article 2. Basic definitions, used in this Law
In this Law the following basic definitions shall be used:
1) an author – is an individual, who created the works of science, literature and art;
2) the copyright – is the personal non-property and property rights of the author;
3) a technical device for protection of copyright and the related rights – is a technical (software and hardware) device or its components, controlling access to the works or objects of the related rights, preventing or restricting the actions that are not permitted by the author, the holder of the related rights or another owner of the exclusive rights to the works or objects of the related rights;
4) a counterfeit copy of an object of copyright and (or) the related rights – is a copy of a work, a recorded performance, a phonogram, a program of on-air and cable broadcasting organization, production, distribution or other use of which results in a violation of copyright and (or) the related rights of this Law, or the provisions of the international treaties, ratified by the Republic of Kazakhstan. Counterfeit objects are the objects of copyright and (or) the related rights in which the information about the rights management has been removed or changed without permission of the author, or which are manufactured by the illegally used devices, allowing to circumvent technical devices for protection of copyright and (or) the related rights;
5) an authorship agreement – is a contract the subject matter of which is the transfer of property rights to use one or more objects of copyright. The authorship agreement is a variation of a licensing agreement;
6) non-exclusive right – is a right when together with the copyright holder other persons can use the works, performance, productions, phonograms, programs of on-air and cable broadcasting organizations, having the corresponding permission from the author or other copyright holder, except for the cases, established by this Law;
7) exclusive right is the property right of the author and (or) other rightholder to carry out, allow and prohibit the use of the work and (or) the object of related rights by any means within the prescribed period;
8) accreditation - the procedure for official recognition by the authorized body of the powers of organizations for collective management of rights in the areas of collective management established by this Law;
8-1) is excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016);9) database - a set of data (articles, calculations, facts and others) representing the result of creative work according to the selection and (or) location of materials, systematized in such a way that these data can be found and processed using an electronic computer (hereinafter referred to as a computer). The concept of a database shall not apply to a computer program (software) with which database materials can be accessed;
10) an audiovisual work – is a work, consisting of a fixed series of interrelated shots or images (with or without sound accompaniment), designed for visual and auditory (if accompanied by sound) perception with the help of appropriate technical devices. Audiovisual works include cinematographic works and all the works, expressed by the devices, similar to cinematography (television and video films, slide strips and slide films, and the like), regardless of their method of initial or subsequent recording;
11) a producer of an audiovisual work – is an individual or a legal entity, that has initiated and taken responsibility for creation of such works. Unless the contrary is proved, the producer of audiovisual works is the person whose name is indicated on this work;
12) a record – is a fixation of sounds and (or) images, provided for a repeated vision, presentation or release through technical devices in any material form;
13) availability to the public – is the release of the objects of copyright and (or) the related rights through wire or wireless means, in which the public may access them from anywhere and at any time at their own option (in online mode);
14) publishing – is an offer to the public of copies of works, performances or phonograms in the amount that meets the reasonable needs of the public with the consent of the author or other holder of copyright or the related rights;
14-1) Internet resource is an electronic information resource displayed in text, graphic, audiovisual or other form, placed on the hardware and software complex, having a unique network address and (or) domain name and functioning on the Internet;
15) communication to the public by a cable – is a release of works, phonograms, performance, programs of on-air or cable broadcasting organizations to the public through cable, wire, optic fiber or similar devices;
15-1) computer program (software) - a set of instructions expressed in the form of words, diagrams or in any other form of expression, when writing to a computer-readable material medium, it shall be ensured that a computer performs or achieves a certain task or result, including preparatory materials, the nature of which shall be such that the computer program (software) is their result at a later stage;
15-2) decompiling a computer program (software) - a technique that shall include converting object code into source text in order to study the structure and encoding of a computer program (software);
15-3) adaptation of a computer program (software) or database – introduction of amendments to computer programs (software) or databases, carried out solely for the purpose of ensuring the functioning of a computer program (software) or database on specific technical means of the user or under the control of specific user programs;
15-4) modification (processing) of a computer program (software) or database - any introduction of amendments to a computer program (software) or database that shall not be an adaptation;
16) public performance – is a performance of a work through recitation, playing, dancing, or in any other manner, including with the help of technical devices, in the places which may be attended by the persons who are not the members of the family;
17) public display – is a display of the original or a copy of the work directly or in the form of a slide, film, or tele-shot on the screen with the help of any other technical device or by any other means (for an audiovisual work - showing of individual shots out of their sequence) in the places which may be attended by the individuals who are not the members of the family;
18) reproduction (reprographic reproduction) - facsimile reproduction of works by any technical means not for the purpose of publication. Reproduction does not include the reproduction of the work or the storage of copies in electronic (including digital), optical or other machine-readable form, except when temporary copies are made by technical means for the purpose of reproduction;
19) reproduction - production of one or more permanent or temporary copies of works or objects of related rights by any means and in any form, in whole or in part, directly or indirectly. Types of reproduction are the production of sound or video recordings, the production of one or more copies of a two- or three-dimensional work, reproduction (reprographic reproduction), as well as any permanent or temporary storage of works or objects of related rights in any material form, including in an open information and communication network;
20) copyright holder – is an author (his heirs) in respect of the copyright, an artist (his heirs), a producer of phonograms, an organization of on-air or cable broadcasting in respect of the related rights, as well as other individual or legal entities, who have received the exclusive right to use the work and (or) the object of the related rights under a contract or other grounds, specified in this Law;
21-1) unified digital platform in the field of collective rights management (hereinafter referred to as the unified digital platform) - a digital system of an expert organization that provides a single point of access to its use in the field of collective rights management in accordance with this Law;
21-2) the subject of a unified digital platform in the field of collective rights management - the copyright holder, collective rights management organization, user, expert organization;
22) a composite work – is a collection (encyclopedia, anthology, database) of works and other materials the selection and (or) arrangement of which is the result of creative activity;
23) performance – is a representation of works, phonograms, performances, productions through playing, singing, dancing, live performance or by any other technical means (broadcasting, cable TV, etc.), as well as the audio-visual display of the work in its sequences with or without soundtracks;
24) an artist – is an actor, a singer, a musician, a dancer or other person who performs, sings, reads, recites, plays a musical instrument, interprets or otherwise performs literary and (or) art works (including variety, circus or puppet show), or works of folk art, as well as a director-producer of a play and a conductor;
25) a user – is an individual or legal entity, carrying out or organizing the use of the objects of copyright and the related rights;
26) hire (renting) – is a provision of copies of works or phonograms for temporary use for direct or indirect commercial advantage;
27) the related rights – are the property rights of a performer, a producer of a phonogram, an organization of on-air and cable broadcasting and the personal non-property rights of the performer;
28) a work of applied and decorative arts – is a two-dimensional or three-dimensional work of art, applied to the objects for practical use, including the works of art or the industrially produced works;
29) a production director of a play – is a person who directs a theater, circus, puppet, variety or other play (performance);
30) translation of a work – is the expression of work in a language other than the language of the original work. In this case, the translation must be authentic and not distorting the content or style of the original work;
31) copy of a work – is a copy of the work, manufactured in any physical form, including the information contained in an open information and communication network;
32) release of a work – is the action performed with the consent of the author to make the work available to the general public through its publication, public display, public performance, communication to the general public in other ways;
33) processing of a work - is a change of the original work from one genre to another. At that, the types of processing of works are the staging, production and adaptation of the original work;
34) a derivative work – is the work that is created as a result of creative processing of other work;
35) the authorized body – is the state body, defined by the Government of the Republic of Kazakhstan and exercising the state regulation in the field of copyright and the related rights;
36) soundtrack – is the recorded performances or other sounds, as well as the representation of sounds in any form, except for the record, included in an audiovisual work;
37) a copy of a phonogram – is a copy of a phonogram on any physical medium, including those contained in open information and communication networks, made directly or indirectly from a phonogram and including all the sounds or part of the sounds, recorded in that phonogram;
38) a phonogram producer – is an individual or a legal person, who has initiated and taken responsibility for the first sound recording of a performance or other sounds;
39) the work of folk art – is the work, containing the elements of traditional artistic heritage (folk tales, folk poetry, folk songs, instrumental folk music, folk dances and plays, artistic forms of folk rituals, etc.);
40) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall into force upon expiry of sixty calendar days after the day of its first official publication);41) decompiling of a computer software program – is a method of converting of an object code into the source code in order to study the structure and coding of a computer software program;
42) adaptation of a software to a computer or a database – is the changing of computer program or database, carried out to ensure operation of a computer software program or database on specific user's hardware or under the management of specific user’s programs;
43) modification (processing) of a computer program or a database – is any change of a computer program or a database, which are not an adaptation;
44) broadcasting – is the release of works, performances, productions, phonograms, programs of on-air or cable broadcasting organization to the general public (including display or performance) through their broadcasting in radio or television (with the exception of cable television). When broadcasting the works, performances, productions, phonograms, programs of broadcasting or cable organizations via satellite, the broadcasting is a signal reception from the ground station to the satellite and transmission of signals from the satellite through which the works, performances, productions, phonograms, programs of broadcasting or cable organizations may be communicated to the general public, regardless of their actual reception by the public. Transmission of encrypted code signals is the broadcasting, if the decrypting devices are provided to the public by the broadcasting organization or with its consent;
45) subsequent broadcast (including retransmission) - transmission of works or objects of related rights previously broadcast or reported for general information via cable;
45-1) organization of broadcasting and cable broadcasting - individuals and legal entities that shall carry out broadcasting (including retransmission) and/or cable television, radio channels, television, radio programs (television, radio programs), including works, performances, productions, phonograms. Communication on the air (including retransmission) and/or on cable shall be carried out through analog terrestrial, multi-channel broadcasting (digital terrestrial, satellite, cable broadcasting);
46) a program of an organization of on-air or cable broadcasting – is the program, created by the on-air or cable broadcasting organization itself, as well as at its request at its expense by another organization.
Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2009 № 179-IV (the order of enforcement See Art. 2); as amended by the RK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.01.2012 № 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); № 161-VI of 20.06.2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 24.11.2025 № 233-VIII (shall into force upon expiry of sixty calendar days after the day of its first official publication).Article 3. The legislation of the Republic of Kazakhstan on copyright and the related rights
The legislation of the Republic of Kazakhstan on copyright and the related rights consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts, published in accordance with it.
Article 4. International treaties
If an international treaty, ratified by the Republic of Kazakhstan, establishes rules other than those contained in this Law, the rules of the international treaty are applied.
Chapter 2. Copyright
Article 5. The scope of application of copyright
1. In accordance with this Law, the copyright is applied to:
1) the works, published in the Republic of Kazakhstan or those not published, but existing in any physical form in the territory of the Republic of Kazakhstan, regardless of the nationality of the authors and their assignees;
2) the works, published outside the Republic of Kazakhstan or those not published, but existing in some physical form outside the Republic of Kazakhstan, and is assigned to the authors - the citizens of the Republic of Kazakhstan and their assignees;
3) the works published outside the Republic of Kazakhstan or those not published, but existing in some physical form outside the Republic of Kazakhstan, and is assigned to the authors (and their assignees) – the foreigners, the stateless persons in accordance with the international treaties, ratified by the Republic of Kazakhstan.
2. The work is considered to be published in the Republic of Kazakhstan, if, within thirty days after the date of its first publication outside the Republic of Kazakhstan, it was published in the Republic of Kazakhstan.
3. When providing protection of the work in the territory of the Republic of Kazakhstan in accordance with the international treaties, the author of the work is determined by the law of the state where the action or the circumstances, giving rise to copyright, took place.
4. Protection of the work is provided in accordance with the international treaties, ratified by the Republic of Kazakhstan, if it is not in the public domain in the country of origin of the work, defined by the rules of the international treaty, ratified by the Republic of Kazakhstan, due to the expiration of the term of copyright in the country, and is not in the public domain in the Republic of Kazakhstan due to expiration of the term of the copyright.
Footnote. Article 5 as amended by the RK Law dated 9 July, 2004 № 586.Article 6. The subject matter of copyright. General provisions
1. Copyright applies to the works of science, literature and art, which are the result of creative activity, regardless of their purpose, content, and dignity, as well as the form of its expression.
2. Copyright covers both the published (published, released, publicly performed, publicly displayed), and the unpublished works, existing in any physical form:
1) in a written form (manuscript, typescript, musical notation, and the like);
2) oral (public recitation, public performance, and the like);
3) sound or video recording (mechanical, digital, magnetic, optical, and similar);
4) in the form of an image (drawing, sketch, painting, plan, drawing, film, television, video or photo-shot, etc.);
5) three-dimensional (sculpture, model, dummy, construction and the like);
6) other forms.
3. Part of the work (including its title, the names of the characters), which has the characteristics, specified in paragraph 1 of this Law, and may be used independently, is the copyright object.
4. Copyright is not applied to the ideas, concepts, principles, methods, systems, processes, discoveries, and facts.
5. Copyright to the work is not associated with the property right to the material object in which the work is expressed.
The transfer of ownership or property right to any material object does not entail transfer of copyright to the work, expressed in this object, except for the cases, specified in this Law.
Footnote. Article 6 is amended by the RK Law dated July 9, 2004 № 586; dated November 22, 2005 № 90 (the order of enforcement see article 2 of the Law).Article 7. The works, that are the subject matter of copyright
1. The subject matters of copyright are:
1) the literary works;
2) dramatic and musical-dramatic works;
3) scenarios;
4) pantomimes and choreographic works;
5) musical works with or without lyrics;
6) audiovisual works;
7) paintings, sculptures, drawings and other works of fine art;
8) works of arts and crafts;
9) works of architecture, town planning, design and landscape art;
10) photographic works and the works produced by the means, analogous to photography;
11) maps, plans, sketches, illustrations and three-dimensional works, relating to geography, topography and other sciences;
12) computer programs (software);
13) other products.
2. Protection of computer programs (software) shall apply to all types of computer programs (software), including operating systems, which can be expressed in any language and in any form, including source text and object code.
3. The subject matters of copyright also include:
1) the derivative works (translations, adaptations, summaries, abstracts, summaries, reviews, stages, musical arrangements and other transformations of works of science, literature and art);
2) collections (encyclopedias, anthologies, databases) and other composite works, the selection and (or) the location of which is the result of creative work.
Derivative and composite works are protected by copyright, regardless of whether the works are the copyright objects on which they are based, or which they include.
Footnote. Article 7 as amended by the RoK Law dated July 9, 2004 N 586; dated November 22, 2005 № 90 (the order of enforcement see article 2 of the Law); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.11.2025 № 233-VIII (shall into force upon expiry of sixty calendar days after the day of its first official publication).Article 8. The works that are not the subject matter of copyright
The following shall not be the subject matter of copyright:
1) official documents (laws, court decisions, other texts of legislative, administrative, judicial or diplomatic nature), as well as their official translations;
2) state symbols and signs (flags, emblems, orders, banknotes, and other state symbols and signs);
3) works of folklore;
4) reports on events and facts that have informational nature;
5) other facilities provided for by the Laws of the Republic of Kazakhstan.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 09.01.2026 № 254-VIII (shall into force upon expiry of sixty calendar days after the day of its first official publication).Article 9. Emergence of copyright. Presumption of authorship
1. Copyright in a work of science, literature and art arises from the fact of its creation. The emergence and exercise of copyright shall not require registration of the work, other special registration of the work or compliance with any formalities.
In order to announce his exclusive property rights an author and (or) an owner has the right to use a copyright notice that is placed on each copy of the work and consists of the three elements:
1) the capital letter "C" in a circle;
2) the name (names) of the owner of the exclusive rights;
3) the year of the first publication of the work.
The author, for evidence of personal non-property rights to an unpublished work, as well as the copyright holder, to confirm the possession of exclusive property rights to the work at any time during the term of copyright protection or the validity of the relevant contracts, shall have the right to enter information on rights into the State register of rights to objects protected by copyright. entering information into the State register of rights to objects protected by copyright shall be carried out by an expert organization. The procedure for entering information into the State register of rights to objects protected by copyright, as well as the form of a certificate confirming the entry of information into it and their amendments, shall be approved by the authorized body.
The State register of rights to objects protected by copyright shall not include information on the rights to works serving (intended) to distinguish goods (services) of some individuals or legal entities from homogeneous goods (services) of other individuals or legal entities.
1-1. Is excluded by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication.)2. In the absence of any other proof, the author of the work is the person named as the author on the original or copy of the work, the presumption of authorship.
The presumption of authorship acts exclusively with respect to the author himself.
3. When a work is published anonymously or under a pseudonym (except for the case, when the author's pseudonym leaves no doubt about his identity), the publisher whose name is indicated on the work, unless proved otherwise, is the representative of the author in accordance with this Law and as such he has the right to protect the copyright and ensure their implementation. This applies as long as the author of the work reveals his identity and announces his authorship.
4. shall be excluded by the Law of the Republic of Kazakhstan from 20.06.2018 № 161-VI (shall be enforced upon the expiration of three months after the day of its first official publication).Footnote. Article 9 as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 22.11.2005 N 90 (the order of enforcement See Art. 2 of the Law); dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 20.06.2018 № 161-VI (shall be enforced upon the expiration of three months after the date of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force dated 01.01.2027).
Note!
Article 9-1 as provided for to be excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force dated 01.01.2027).
Article 9-1. Entry of information into the Register
1. Entry of data and their changes into the Register shall be made in the order determined by the authorized body within one working day following the day of receipt of the author's application, or on the basis of a valid court decision.
Errors of a technical nature that do not change the affiliation, nature or content of the information entered may be corrected in the Register within one business day from the date of receipt of the author's application.
2. A copy of the work and a copy of the document confirming the payment for this service and, if necessary, a copy of the document confirming the grounds for reduction of the amount of payment shall be attached to the application for entry of information in the Register.
Instead of a copy of the work, the application may be accompanied by sketches, drawings, pictures or photographs, and concerning computer programs or databases - an abstract, including the name of the program or database, last name, first name, patronymic (if it is indicated in the identity document) of the author, date of creation, scope, purpose, functionality, main technical characteristics, programming language, type of implementing computer, as well as source code (source text).
With regard to works of religious content, a copy of the positive opinion of the religious expertise shall be submitted additionally.
With regard to a composite or derivative work, a copy of the author's contract concluded with the author or copyright holder of the original work shall be submitted additionally.
3. Information on the copyright of works created in a separate co-authorship may be entered in the Register separately in case any of the co-authors indicates it in their application.
4. No information on the rights to works serving (intended) to distinguish goods (services) of some individuals or legal entities from similar goods (services) of other individuals or legal entities is entered in the Register.
5. If the author submits an incomplete package of documents, the expert authority shall refuse to accept the application.
The expert authority shall refuse to render the service in case of non-compliance with the requirements of this Article.
6. Issuance of a certificate in the form approved by the authorized body shall be the confirmation of entering the relevant information into the Register.
7. Cancellation of information from the Registry shall be made on the application of the author, as well as on the basis of a valid court decision.
8. Copies of documents, a copy of the relevant work and (or) its description shall be submitted to third parties with the consent of the author, except for the cases established by the laws of the Republic of Kazakhstan.
Footnote. Chapter 2 is supplemented by Article 9-1 in accordance with the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); in the edition of the Law of the Republic of Kazakhstan from 20.06.2018 № 161-VI (shall be enforced upon the expiration of three months after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).Article 9-2. Expert organization
1. Expert organization established by the decision of the Government of the Republic of Kazakhstan in the legal form of the republican state enterprise on the right of economic management, subordinate in its activities to the authorized body:
1) make information, amendments and cancellation in the State Register of rights to objects protected by copyright;
2) interacts with state bodies and other organizations within the framework of its activity;
3) maintain the State register of rights to copyrighted objects and provide access to it;
4) form and maintain registers in the field of collective management of rights provided for by this Law;
5) implement a unified digital platform, as well as ensures the placement of information by collective rights management organizations and users in accordance with Articles 44, 46 and 47 of this Law;
6) carry out information content, development, maintenance and system maintenance of a unified digital platform in accordance with the requirements of this Law;
Subparagraph 7) shall enter into force from the date of entry into force of the Digital Code of the Republic of Kazakhstan.7) monitor a unified digital platform, and also ensure the interaction of a unified digital platform with digital systems;
8) provide consulting assistance to the subject of a unified digital platform on the functioning of a unified digital platform at no cost;
Subparagraph 9) shall enter into force from the date of entry into force of the Digital Code of the Republic of Kazakhstan.9) provide cybersecurity of data posted on a unified digital platform;
10) manage the rights in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for the reproduction of phonograms and audiovisual works for personal purposes and without income;
11) carry out other activities not prohibited by the Laws of the Republic of Kazakhstan.
2. The expert organization, when paying for the service for entering information into the State register of rights to copyrighted objects, shall provide benefits for:
participants of the Great Patriotic War, persons equated in benefits to the participants of the Great Patriotic War, and veterans of military operations on the territory of other states;
persons awarded with orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
persons who worked (served) for at least six months from June 22, 1941 to May 9, 1945 and were not awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
persons with disabilities, as well as one of the parents of a person with a disability since childhood;
kandaces;
minors.
Benefits shall be provided in the amount of 95 percent of the price for the service of entering information into the State register of rights to copyrighted objects, subject to the submission of supporting documents on belonging to any of the above categories of persons.
3. The expert organization in coordination with the authorized body approves the prices for the services provided, provided that the full compensation of the costs incurred by the organization for their provision, the breakevenness of its activities and financing at the expense of its own income.
Footnote. Chapter 2 was supplemented by Article 9-2 in accordance with the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon the expiration of three months after the date of its first official publication); as amended by the laws of the Republic of Kazakhstan dated 06.05.2020 № 323-VI (effective ten calendar days after the date of its first official publication); Law of the Republic of Kazakhstan dated 13.05.2020 № 327-VI (effective from 01.01.2021); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (for the procedure for entry into force, see Article 2).Article 10. Co-authorship
1. Copyright to the work, created by a joint creative work of two or more persons (co-authorship), is jointly owned by the co-authors, regardless of whether it is indivisible or consists of parts, each of which also has independent significance.
A part of a work is deemed to be independent, if it can be used independently from other parts of the work.
Each of the co-authors may use the part, created by him, which has independent significance, at his own discretion, unless otherwise provided by the agreement, concluded between them.
2. The right to use the work as a whole belongs to the co-authors jointly. Relations between the co-authors may be determined by the agreement concluded between them. If the work of the co-authors is indivisible, none of the authors is entitled to prohibit the use of the work without sufficient grounds.
3. Each of the authors, in their own name, including without permission of co-authors, has the right to take measures, provided by this Law and other legislative acts of the Republic of Kazakhstan, related to protection of his rights, unless otherwise provided by the agreement concluded between them.
Footnote. Article 10 as amended by the RoK Law dated July 9, 2004 № 586.Article 11. Copyright to the composite works
1. An author of a collection or other composite works (an issuer) owns the copyright to select and (or) place the materials that are the result of creative work (compilation).
The issuer has copyright in case he observes the rights of the authors of each of the works, included in the composite work.
The authors of the works, included in the composite work, are entitled to use their works independently from the composite work, unless otherwise provided by the copyright agreement.
Copyright of the issuer does not prohibit other persons to make an independent selection and (or) placement of the same materials to create composite works.
2. A publisher, issuing encyclopedias, encyclopedic dictionaries, intermittent and continued collections of scientific works, newspapers, magazines and other periodicals, possesses exclusive rights to use such publications as a whole. The publisher, at any use of such publications, shall have the right to mention his name or to demand such mention.
The authors of the works, included in such publications, shall retain the exclusive rights to use their works independently from the publication as a whole.
Footnote. Article 11 as amended by the RoK Law dated July 9, 2004 № 586.Article 12. Copyright to the derivative works
1. Translators and other authors of derivative works reserve the copyright to their translations, adaptations, arrangements and other transformations.
The translator and the author of another derivative work shall enjoy copyright to the work created by him, while observing the rights of the author of the work, which was translated, adapted, arranged or otherwise transformed.
2. Copyright of translators and authors of other derivative works does not prevent other persons to make their translations and transformation of the same works.
Footnote. Article 12 is amended by the RoK Law dated July 9, 2004 № 586.Article 13. Copyright to audiovisual works
1. Authors (co-authors) of an audiovisual work are:
1) a scriptwriter;
2) an author of a musical work (with or without lyrics), specially created for this audiovisual work (composer);
3) a director;
4) a director of photography;
5) an art director.
An author of the previously created work, remade or incorporated as a part of the audiovisual work, is also considered a co-author of the audiovisual work.
2. Conclusion of an authorship agreement for creation of an audiovisual work (or for transference of the rights to the previously created works), except for the case, provided for by paragraph 3 of this Article, entails transference of the exclusive rights to the audiovisual work, unless otherwise provided by the copyright agreement, by the authors (or authors and other copyright owners to the previously created works) to the producer of the audiovisual work.
A producer of an audiovisual work may indicate his name or demand such indication at any use of this work.
3. An author of a musical work (with or without lyrics), created specifically for the audio-visual work, retains the right to remuneration for the use of this musical work for every public performance of the audiovisual work, its public release, as well as renting (hiring) of copies of the audiovisual work.
4. The authors of the works that are the parts of the audiovisual work, as well as the previously created (an author of the novel, used for scenario, and others), or those created during working on it (director of photography, production designer, and others), enjoy copyright to each of their works.
Footnote. Article 13 as amended by the RoK Law dated July 9, 2004 N 586; dated November 22, 2005 N 90 (the order of enforcement see article 2 of the Law).Article 14. Copyright for the works for hire
1. Author's personal non-property right to the work, created during official duties or official task of the employer (work for hire), belongs to the author of the work for hire.
2. Property (exclusive) rights to a work for hire belong to the employer, unless otherwise provided in the contract concluded between him and the author.
3. An employer shall have the right to mention his name or to demand such mention at any use of the work for hire.
4. Is excluded by the RoK Law of 10.07.2009 N 179-IV (the order of enforcement see article 2).5. Provisions of this Article shall not apply to creation of encyclopedias, encyclopedic dictionaries, intermittent and continued collections of scientific works, newspapers, magazines and other periodicals (paragraph 2 of Article 11 of this Law) during the official duties or the employer's official task.
Footnote. Article 14 as amended by the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2).Article 15. Personal non-property rights
1. An author in relation to his works possesses the following personal non-property rights:
1) the right to be recognized as the author of the work and to demand such recognition, including through the mentioning of the author's name correctly on the copies of the work and at any of its public use, if it is practically possible (copyright);
2) the right to specify and require an indication of a fictious name (pseudonym) instead of a true name on the copies of the work and at any its public use or refuse to specify a name that is anonymous (the right to be named);
3) the right to inviolability of work, including its title, the right to oppose any distortion, misrepresentation or other alteration of work, as well as any other infringement, capable to damage the author's honor or reputation (right to protection of the author's reputation);
4) the right to open access to the work to the general public (the right to public disclosure), with the exception of the works, created during the official duties or official task of the employer.
2. An author has the right to cancel the earlier taken decision to disclose the work (the right to withdrawal), if the damages, caused by such decision, will be reimbursed to the user, including the lost profits. If the work has already been disclosed, the author is required to give a public notice about its withdrawal. At that, he has the right to withdraw the previously produced copies of the work from the circulation at his own expense.
When creating a work for hire the provisions of this paragraph shall not apply.
3. Personal non-property rights belong to the author, regardless of his property rights, and he reserves the rights in case of transmission of the exclusive rights to use the work.
4. Personal non-property rights of the author, provided by this Article, are inalienable.
5. Personal non-property rights after the death of the author are implemented in the order, prescribed in Article 30 of this Law.
Footnote. Article 15, as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication.); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).Article 16. Property rights
1. An author or other copyright holder owns the property (exclusive) rights to use this work in any form or by any means.
2. An author's exclusive right to use a work means the right to perform, authorize or prohibit the following actions:
1) to reproduce the work (the right of reproduction);
2) to distribute the original or copies of the work in any way: to sell, change, rent (lease), perform other operations, including in an open telecommunications network (the right to distribute);
3) to import the copies of the work for distribution, including the copies made with permission of the author or other copyright holder (the right to import);
4) to perform the work publicly (the right of public display);
5) to perform the work publicly (the right of public performance);
6) to release the work publicly (to release the work to the general public), including on-air or by cable release (the right of public release);
7) to release the work on-air, including the first and (or) the subsequent broadcast to the general public (the right to broadcast);
8) to broadcast the work by cable, including the first and (or) subsequent broadcast by cable to the general public (the right of broadcast by cable);
9) to translate the work (the right of translation);
10) to remake, arrange or otherwise transform the work (the right to process);
10-1) to publicize the work (the right to publicize);
11) to perform other activities that do not contradict the legislative acts of the Republic of Kazakhstan.
3. If the copies of a lawfully published work have been put into circulation by means of sale, their subsequent distribution without the author's consent and without payment of remuneration is allowed.
The right to distribute the original or the copies of the work through leasing (and public renting), regardless of the property right to the copies, belongs to the author or the copyright owner to:
1) a musical work in the form of a music notation;
2) a work, fixed in a phonogram;
3) an audiovisual work;
4) a database;
5) computer program (software).
4. Exclusive rights to use architectural, urban and landscape designing projects also include practical implementation of such projects.
5. The author or other rightsholder shall have the right to remuneration for each type of use of the work, the size and procedure for calculating which shall be established by the author's contract, as well as contracts concluded by organizations for the collective management of authors' rights.
6. Limitations of property rights, provided for in paragraph 2 of this Article, shall be established by Articles 18-26 of this Law, provided that such restrictions do not hamper a normal exploitation of the work and do not unreasonably infringe the legitimate interests of the author or another copyright holder.
Footnote. Article 16, as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 22.11.2005 N 90 (the order of enforcement see article 2 of the Law); dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 № 419-V ((shall be enforced from 01.01.2016); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 16-1. Minimum rates of an author’s remuneration
The authorized body, in agreement with interested authorized bodies in the fields of culture, development and support of private entrepreneurship, shall establish the minimum rates of royalties in cases where the practical implementation of property (exclusive) rights on an individual basis shall be impossible due to the nature of the work or the peculiarities of its use (public performance, including on radio and television, reproduction of a work by mechanical, magnetic or other recording, reproduction and other cases, except for cases established by the Article 26 of this Law).
The collective rights management organization, when concluding contracts with users, shall not be entitled to set the author's remuneration rates below the minimum remuneration rates established by the authorized body.
Footnote. It is supplemented by Article 16-1, in accordance with the RoK Law dated 09.07.2004 N 586; as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); with the change introduced by the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 17. The right of access to the works of fine art. The resale royalty right
1. An author of a work of art has the right to require the owner of the work to exercise the right of reproduction of his work (the right of access). However, the owner of the work must not deliver the work to the author.
2. For each public (through a bid, a gallery of fine art, an art shop, a shop, etc.) resale of the original of the works of fine art after the first alienation of the property right to such work of art, the author or his heirs are entitled to receive remuneration from the seller in the amount of five percent of the resale price (the resale royalty right). That right is inalienable during the author's life and goes solely to the author's heirs in compliance with the law or the will for the term of copyright.
3. Transfer of the property right to the work of fine art (on a remuneration basis or free of charge) from the author to another person means the first alienation of the work.
Footnote. Article 17 as amended by the RoK Law dated July 9, 2004 N 586.Article 18. Reproduction of a work for private purposes without the consent of an author or a copyright holder and without payment of an author’s remuneration
Footnote. The title of article 18 as amended by the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement see article 2).
1. Reproduction of one copy of a lawfully disclosed works by an individual for personal purposes and without income is permitted without the consent of the author or copyright holder and without payment of the author’s remuneration, except for the cases, provided for in Article 26 of this Law.
2. Provisions of paragraph 1 of this Article shall not apply to:
1) reproduction of the works of architecture in the form of buildings and similar structures;
2) reproduction of databases or substantial parts of them;
3) reproduction of a computer program (software), except for the cases provided for by Article 24 of this Law;
4) reproduction (reprographic reproduction) of books (in full) and musical scores.
Footnote. Article 18, as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 № 586; dated 22.11.2005 № 90 (the order of enforcement see article 2); dated 10.07.2009 № 179-IV (the order of enforcement See Art. 2); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 19. Use of a work without the consent of an author or another copyright holder and without payment of an author’s remuneration
Footnote. The title of article 19 as amended by the RoK Law dated 10.07.2009 № 179-IV (the order of enforcement see article 2).
The following is permitted without the consent of an author or another copyright holder and without payment of an author’s remuneration, provided that the author's name, whose work is used and the source of borrowing are indicated:
1) quotation in the original or in translation for scientific, research, debate, criticism and informational purposes, taken from lawfully published works in the volume needed for the quotation, including reproduction of extracts from newspaper and magazine articles in press reviews;
2) use of legally published works and excerpts from them as illustrations in publications, radio and television programs, sound and video recordings of educational nature without receiving income to the extent justified by the purpose;
3) reproduction in newspapers, on-air or cable broadcasting to the general public of the articles, lawfully published in newspapers or periodicals on current economic, political, social and religious issues, or the broadcast works of the same character, in the cases when such reproduction, on-air or cable broadcasting were not specifically prohibited by the author;
4) reproduction in newspapers, on-air or cable broadcasting to the general public of official political speeches, addresses, reports and other similar works to the extent justified by the informational purpose. In this case, the author retains the right to publish such works in collections;
5) reproduction or broadcasting to the general public of the reviews on current events by means of photography or cinematography, on-air or cable broadcasting of the works that are becoming seen or heard during the events, to the extent justified for information purpose. In this case, the author retains the right to publish such works in collections;
6) reproduction, distribution, communication to the public, public performance of lawfully published works without profit in relief-dot font or other special ways for the blind, except for works specially created for such methods of reproduction;
7) the reproduction by libraries and archives of legally published works without extracting profit in a single copy of the work with transferring it to digital format in order to replace lost or damaged copies of the work, as well as providing copies of the work to other libraries that for some reason lost their work from their funds;
8) reproduction without receiving income by educational organizations, regardless of the form of ownership of individual articles and small-volume works, lawfully published in collections, newspapers and other periodicals, short excerpts from other lawfully published written works (with or without illustrations) and providing copies of them to students and teachers to conduct exams, classroom lessons and self-study in the quantities necessary for this.
Footnote. Article 19 as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 10.07.2009 № 179-IV (the order of enforcement see article 2); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); № 161-VI dated 20.06. 2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 20. The use of works by reproducing
Reproducing of one copy without gaining income is permitted without the consent of the author or another copyright holder and without payment of an author’s remuneration, provided that the author's name, whose work is used and the source of borrowing are indicated:
1) a lawfully published work by libraries and archives to recover or replace the lost or damaged copies, provision of copies of the work to other libraries that have lost the work from their own funds;
2) individual articles or succinct works, lawfully published in collections, newspapers and other periodicals, short extracts from lawfully published written works (with or without illustrations) by the libraries and archives at the request of individuals for educational and research purposes;
3) individual articles or succinct works, lawfully published in collections, newspapers and other periodicals, short extracts from lawfully published written works (with or without illustrations) by the education organizations for use in classes.
Footnote. Article 20 as amended by the RoK Law dated July 9, 2004 № 586; dated July 27, 2007 № 320 (the order of enforcement see article 2).Article 21. Free use of works, constantly located in the places of free public access
Reproduction, on-air or cable broadcasting to the general public of the works of architecture, photography, fine art, permanently located in a place of open public access are permitted without the consent of the author or another copyright holder and without payment of an author’s remuneration, except for the cases when the image of the work is the main object of such reproduction, on-air or cable broadcasting to the general public, or when the image of the work is used for commercial purposes.
Footnote. Article 21 is in the wording of the RoK Law dated 09.07.2004 № 586; as amended by the RK Law dated 10.07.2009 № 179-IV (the order of enforcement see article 2).Article 22. Public performance of the works during official and other ceremonies
Public performance of lawfully published musical works in official and religious ceremonies, and funerals to the extent justified by the nature of the ceremonies is permitted without the consent of the author or another copyright holder and without payment of an author’s remuneration.
Footnote. Article 22 as amended by the RoK Law dated July 9, 2004 № 586.Article 23. Reproduction of works for judicial and administrative purposes
Reproduction of works for judicial and administrative proceedings, to the extent specified for that purpose is permitted without the consent of the author or another copyright holder and without payment of an author’s remuneration.
Footnote. Article 23 is amended by the RoK Law dated July 9, 2004 № 586.Article 24. Free reproduction of computer programs (software) and databases. Decompiling computer programs (software)
1. An individual who legally shall own a copy of a computer program (software) or database has the right, without obtaining the permission of the author or other owner of exclusive rights to use the work and without paying additional remuneration:
1) make changes to the computer program (software) or database, carried out solely for the purpose of its functioning on the user's technical means, carry out any actions necessary for the functioning of the computer program (software) or databases in accordance with its purpose, including recording and storage in computer memory (one computer or one network user), as well as correction of obvious errors, unless otherwise provided by the contract with the author;
2) make or instruct to make a copy of a computer program (software) or database, provided that this copy shall be intended only for archival purposes and to replace a legally acquired copy in cases where the original computer program (software) or database shall be lost, destroyed or unusable. In this case, a copy of a computer program (software) or database cannot be used for other purposes than those specified in subparagraph 1) of this paragraph, and must be destroyed if possession of a copy of this computer program (software) or database shall cease to be legitimate.
2. An individual who legally owns a copy of a computer program (software) has the right, without the consent of the author or other owner of exclusive rights and without paying additional remuneration, to reproduce and convert the object code into the source text (decompile the computer program (software) or instruct other individuals to carry out these actions if they are necessary to achieve the ability to interact independently developed by this person computer program (software) with other programs that can interact with the decompiled program, subject to the following conditions:
1) the information required to achieve interoperability has been not previously available to that individual from other sources;
2) these actions shall be carried out in relation to only those parts of the decompiled computer program (software) that shall be necessary to achieve the ability to interact;
3) information obtained as a result of decompiling can only be used to achieve the ability to interact independently developed computer program (software) with other programs, cannot be transferred to other persons, except when it is necessary to achieve the ability to interact independently developed computer program (software) with other programs, and also cannot be used to develop a computer program (software), in its form significantly similar to the decompiled computer program (software), or to perform any other action that infringes copyright.
3. The application of the provisions of this article shall not unreasonably prejudice the normal use of a computer program (software) or database and shall not unreasonably prejudice the legitimate interests of the author or other holder of exclusive rights to the computer program (software) or database.
Footnote. Article 24 as amended by the RoK Law dated July 9, 2004 № 586; dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 25. Recordings of short-term use of works by broadcasting organizations
Without the consent of an author or another copyright holder and without payment of additional remuneration, a broadcasting organization is entitled to record a short-term use of the work for which it has obtained the rights to broadcast, under the following conditions:
1) to make a record by a broadcasting organization, using its own facilities and for its own broadcast;
2) to destroy such records within six months after its creation, unless a longer period has been agreed with the author or another copyright holder of the recorded work. Such a record may be maintained without the consent of the author or a copyright holder in official archives, if it is exclusively documentary.
Footnote. Article 25 as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 10.07.2009 N 179-IV (the order of enforcement see article 2).Article 26. Reproduction of a work for personal purposes without the author's consent with an author’s remuneration paid
1. Reproduction of audio-visual work or audio-recording of work for private purposes and without earning income is permitted without the consent of an author, a performer, a producer of the audiovisual work and a producer of a phonogram, but with payment of their remuneration.
2. Remuneration for reproduction, specified in paragraph 1 of this Article, shall be paid by the persons, producing or importing equipment and material carriers, used for such reproduction.
The list of such equipment and material carriers is approved by the authorized body.
3. The collection, distribution and payment of remuneration provided for in subparagraph 4) of the second paragraph of paragraph 3 of Article 43 of this Law shall be carried out by an expert organization.
4. The specified remuneration shall be distributed by the expert organization among collective rights management organizations in accordance with this Law in the following proportion: forty percent - to authors, thirty percent - to performers, thirty percent - to producers of phonograms.
5. The amount, procedure for collection, distribution and payment of remuneration shall be established by the authorized body of the Republic of Kazakhstan.
6. No remuneration shall be paid for the equipment and material carriers, specified in paragraph 2 of this Article, which are the subject of export as well as to the professional equipment not intended for home use.
Footnote. Article 26 as amended by the RK Law dated July 9, 2004 № 586; dated November 22, 2005 № 90 (the order of enforcement see article 2 of the Law); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 27. Export of works for personal use
Export of a copy of work by an individual is permitted for personal use only, without the consent of the author or another copyright holder and without an author’s remuneration, except for the cases when export of the works would harm the national interests of the Republic, the list of which is defined in the prescribed order.
Article 28. Duration of copyright
1. Copyright is valid for the lifetime of the author and seventy years after his death.
2. Copyright, the right to a name and the right to protect reputation of the author are protected in perpetuity.
3. Is excluded by the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement see article 2).4. Copyright in a work, published anonymously or under a pseudonym, is valid for seventy years after the date of its lawful disclosure. If within the period, the author of the work, published anonymously or under the pseudonym, discloses his identity or his identity is no longer in doubt, the provision of paragraph 1 of this Article is applied.
5. Copyright in a work of joint authorship, is valid for the life and seventy years after the death of the last author, who survive other co-authors.
6. Copyright in a work, first released to the public during thirty years after the author's death, is valid for seventy years after its release, as from the first of January of the year following the year of publication of the work.
7. If the author was repressed and rehabilitated posthumously, the term of protection of rights, provided by this Article, shall begin on the first of January of the year following the year of rehabilitation.
8. Calculation of time periods, provided for in this Article, shall begin from the first of January of the year following the year in which a legal fact occurred, marking the beginning of the period.
9. While protecting the work in accordance with the international treaties, ratified by the Republic of Kazakhstan, the term of copyright cannot exceed the term, established in the country of origin of the work, in accordance with paragraph 4 of Article 5 of this Law.
The terms provided for in this Article, shall apply in all cases when a legal fact, marking the beginning of the period, had taken place not earlier than seventy years before the enactment of this Law.
Footnote. Article 28 as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 № 586; dated 22.11.2005 № 90 (the order of enforcement see article 2 of the Law); dated 10.07.2009 № 179-IV (the order of enforcement See Art.2).Article 29. Transference of the works to the public domain
1. Expiration of copyright in the work shall mean its transference to the public domain.
2. (Is excluded)3. The works that have passed into the public domain may be freely used by any person without payment of an author’s remuneration. At that the copyright, the right to a name and the right to protect reputation of an author shall be observed.
4. Users of works that have passed into the public domain, in order to promote the creative activity of authors, improve their material and living conditions, have the right to make contributions to the professional funds of authors or organizations for the collective management of the rights of authors.
Footnote. Article 29 is amended by the RK Law dated July 9, 2004 № 586; dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 30. Transfer of copyright
1. Copyright is transferred under the copyright agreements and by way of inheritance.
2. Copyright is transferred by way of inheritance in compliance with the law or the will.
3. Author's personal non-property rights, provided for in Article 15 of this Law, are not transferred by way of inheritance. The author's heirs shall be entitled to protect personal non-property rights. These powers of the heirs are not limited.
4. An author shall have the right, in the same order in which an executor is appointed, to specify the person to whom he entrusts protection of personal non-property rights. Such person shall exercise his powers for life. At the absence of such instruction of an author, the author's personal non-property rights after his death will be protected by his heirs or the authorized body of the Republic of Kazakhstan, which provides such protection, if there are no heirs or their copyright has expired.
Article 31. Transfer of property rights. Authorship agreement
1. Proprietary rights of an author, specified in Article 16 of this Law, may be assigned wholly or partially, or may be transferred for use under an authorship agreement on transference of exclusive rights or under a copyright agreement on transference of non-exclusive rights.
Any assignment of property rights must be registered in a written agreement, signed by the author and the person, who received the property rights.
2. An authorship agreement on transference of exclusive rights permits to use the work in a certain way and within the contractual limits only, by the person, to whom the rights are transferred, and gives that person the right to prohibit such use of the work by others. The right to prohibit the use of the work by other persons can be exercised by the author of the work, if the person to whom the exclusive rights were transferred, does not protect this right.
3. The authorship agreement on transference of non-exclusive rights allows the user to use the work along with the owner of exclusive rights, who transferred such rights, and (or) other persons, who were permitted to use the work in the same way.
4. The rights, transferred under the authorship agreement, shall be considered non-exclusive, unless the agreement provides otherwise.
Footnote. Article 31 as amended by the RoK Law dated July 9, 2004 N 586.Article 32. Terms and form of the author's contract
Footnote. The title of Article in the new wording of the Law of the Republic of Kazakhstan dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).
1. An authorship agreement shall specify:
1) the ways of use of the work (the specific rights, assigned under the agreement);
2) timeframes and territory for which the rights are transferred;
3) the amount of remuneration and (or) the order for defining the amount of remuneration for each way of use of the work, the order and terms of its payment and other conditions, specified by the parties of the agreement.
2. If an authorship agreement does not specify the term for which the right is transferred, the contract may be terminated by the author upon expiry of one year from the date of its conclusion, if a user is notified in writing three months before the termination of the agreement.
3. If an authorship agreement does not specify the territory to which the rights are transferred, the right, transferred under the agreement, is limited by the territory of the Republic of Kazakhstan. 4. The rights to use the work, which are not transferred directly under an authorship agreement, shall be deemed not transferred.
5. The rights to use a work that is unknown at the time of the agreement conclusion may not be the subject of the authorship agreement.
6. Remuneration is defined in the authorship contract in the form of percentage from the revenue for the corresponding way of using the work, if that is impossible due to the nature of the work or peculiarities of its use - in the form of a sum, specified in the agreement or in any other way.
7. The rights, transferred under the authorship agreement, may be transferred wholly or partially to other persons only if it is expressly provided for by the agreement.
8. The right to use the works that can be created in the future by the author may not be a subject of the agreement, except for the cases, provided for in Articles 14 and 33 of this Law.
9. The condition of an author's contract limiting the author's future creation of works on the subject or in the field is null and void.
10. The terms of the author's contract, which are contrary to the provisions of this Law, are null and void.
11. The authorship agreement shall be concluded in a written form. The authorship agreement on using a work in the periodical may be concluded orally.
12. When selling copies of works expressed in digital form, including a computer program (software) and a database, as well as when providing mass users with access to them, it shall be possible to use other forms of contracts and the procedure for their conclusion established by the legislation of the Republic of Kazakhstan.
13. A party that failed to fulfill or improperly fulfilled obligations of the authorship agreement shall compensate the losses, caused to the other party, including the lost profits.
Footnote. Article 32 as amended by the RK Law dated July 9, 2004 № 586; dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); № 161-VI dated 20.06.2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 33. Commissioning agreement
1. According to the commissioning agreement an author shall create a work in compliance with the terms of the agreement and submit it to the customer.
The author's order contract must provide for the period during which the work must be transferred to the customer, as well as the transfer of property rights to use the work.
2. The author's order contract may provide for the payment of an advance by the client to the author.
3. If the author has not submitted the ordered work in accordance with the terms of the commissioning agreement, he shall reimburse the actual damage, caused to the customer.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Chapter 3. The related rights
Article 34. Objects of the related rights
The related rights apply to the productions, performance, phonograms, programs of on-air and cable broadcasting organizations, regardless of their purpose, content and dignity, as well as the way or form of its expression.
Article 35. Subjects of the related rights
1. Subjects of the related rights are the performers, phonogram producers and on-air and cable broadcasting organizations.
2. Producer of a phonogram and on-air and cable broadcasting organizations are exercising the rights, provided for in this chapter, within the rights under the agreement with a performer, as well as the author of the recorded or broadcast work.
3. A performer shall exercise the rights, provided for in this chapter while observing the rights of the authors of the performed work.
4. For emergence and implementation of the related rights, any formalities shall not be observed. Producer of a phonograms and (or) a performer in order to announce their rights shall be entitled to use a symbol of protection of the related rights, which is placed on each copy of the phonogram and (or) on each box, containing the phonogram and consists of three elements:
1) the capital Latin letter "P" in a circle:
2) the name (names) of a holder of the exclusive related rights;
3) the year of the first publication of the phonogram.
5. Unless proven otherwise, the phonogram producer shall be an individual or a legal person whose name is indicated on the phonogram and (or) on a box, containing it.
Footnote. Article 35, as amended by the laws of the Republic of Kazakhstan dated 22.11.2005 N 90 (the order of enforcement see article 2 of the Law); dated 10.07.2009 N 179-IV (the order of enforcement see article 2).Article 36. Scope of application of the related rights
1. A performer’s rights are recognized in accordance with this Law, if:
1) the performer is a national of the Republic of Kazakhstan;
2) the first performance and production took place on the territory of the Republic of Kazakhstan;
3) the performance, production have been recorded on a phonogram, protected in accordance with the provisions of paragraph 2 of this Article;
4) the performance, production, not recorded on a phonogram, are included in the program of on-air and cable broadcasting organization, which is protected in accordance with the provisions of paragraph 3 of this Article.
2. The rights of producers of phonograms are recognized in accordance with this Law, if:
1) the phonogram producer is a national of the Republic of Kazakhstan or a legal entity, officially located in the territory of the Republic of Kazakhstan;
2) the phonogram was first published in the territory of the Republic of Kazakhstan. The phonogram is also considered as first published in the Republic of Kazakhstan, if within thirty days after the date of publication outside the Republic of Kazakhstan it was published in the territory of the Republic of Kazakhstan.
3. The rights of on-air or cable broadcasting organization are recognized for it in accordance with this Law if the organization is officially located in the territory of the Republic of Kazakhstan and broadcasts from transmitters located in the territory of the Republic of Kazakhstan.
4. The related rights of foreign individuals and legal entities are recognized in the Republic of Kazakhstan in accordance with the international treaties, ratified by the Republic of Kazakhstan, unless the relevant performance, phonogram, program of on-air or cable broadcasting organization is not in the public domain in their country of origin, defined by the rules of the international treaty, ratified by the Republic of Kazakhstan, due to expiration of the related rights term in the country and are not in the public domain in the Republic of Kazakhstan due to expiration of the related rights term.
Footnote. Article 36 as amended by the RoK Law dated July 9, 2004 N 586.Article 37. Performer's rights
1. A performer has the following personal non-property and property rights, except for the cases, provided for by this Law:
1) the right to a name;
2) the right to protection of the performance or production from any distortion or another infringement, able to prejudice honor or dignity of a performer (the right to protection of reputation);
3) the right to use performance or production in any form, including the right to receive remuneration for each type of use of the performance and production.
1-1. Personal non-property rights belong to the performer regardless of his property rights, and reserved to him in the case of assignment of exclusive property rights to use the performance.
2. The exclusive rights to use a performance or production mean the right to authorize or prohibit the following actions:
1) to record the previously unrecorded performance or production;
2) to play the record of the performance or production directly or indirectly in any form;
3) to broadcast, release to the general public through cable a performance or a production without the use of the record of the performance or the production;
4) to broadcast, release to the general public by cable a record of a performance or a production, except for the cases, provided for in paragraph 1 of Article 39 of this Law;
5) to rent (lease) a phonogram, published for commercial purposes, which has a record of a performance or a production with participation of a singer. When concluding an agreement, this right to record a performance on a phonogram goes to the producer of the phonogram. In this case, the performer shall retain the right to receive remuneration for renting (leasing) of the copies of the phonogram.
3. The exclusive right of the performer, provided by subparagraph 2) of paragraph 2 of this Article, shall not apply in the cases when:
1) the initial recording of the performance or production was made with the consent of the performer;
2) reproduction of the performance or production is made for the same purpose for which the performer’s consent was obtained for recording the performance or production;
3) reproduction of the performance or production is made for the same purpose for which the recording was made in accordance with the provisions of Article 41 of this Law.
4. The permissions, specified in paragraph 2 of this Article, shall be issued by the performer, and by the head of a group of performers through entering into a written agreement with the user.
5. The permissions, specified in sub-paragraphs 1), 2) and 3) of paragraph 2 of this Article, the subsequent broadcasting of the performance or production, the recording for transmission and reproduction of that recording by on-air or cable broadcasting organizations, are not required, if they are provided by the agreement, concluded between the performer with the on-air or cable broadcasting organization. The remuneration to the performer for such use is also specified in the agreement.
6. Conclusion of an agreement between a performer and a producer of an audiovisual work entails fulfillment of the rights, specified in subparagraphs 1), 2), 3), 4) of paragraph 2 of this Article, by the performer. Provision of such rights by the performer is limited by the use of the audio-visual work, and, unless otherwise provided by the agreement, it does not include the right to a separate use of audio or video material, recorded in the audiovisual work.
7. The exclusive rights of a performer, provided in paragraph 2 of this Article, may be transferred to other parties under the agreement.
Footnote. Article 37 as amended by the RoK Law dated July 9, 2004 N 586; dated November 22, 2005 N 90 (the order of enforcement see article 2 of the Law).Article 38. The rights of producers of phonograms
1. Phonogram producer in respect of his phonograms, in addition to the rights, provided by this Law, shall have the exclusive right to use the phonogram in any form, including the right to receive remuneration for each form of the phonogram’s use.
2. The exclusive rights to use a phonogram mean the right to perform, authorize or prohibit the following actions:
1) to play the phonogram in direct and indirect order and in any form;
2) to distribute the original and the copies of the phonogram, including its import, through sale or other transference of property rights;
3) to hire (rent) the phonogram even after its distribution, conducted by the phonogram producer or under his authorization;
4) to adapt or process the phonogram in any form;
5) to release the phonogram to the general public.
3. If the copies of a lawfully published phonogram are put into circulation through sale, their subsequent distribution is permitted without the consent of the phonogram producer and without payment of remuneration. The right to distribute the copies of the phonogram through renting (hiring) belongs to the phonogram producer regardless of the property right to these copies.
4. The exclusive rights of the phonogram producer, provided for in paragraph 2 of this Article, may be transferred to other persons under the agreement.
Footnote. Article 38 as amended by the RoK Law dated July 9, 2004 N 586; dated November 22, 2005 N 90 (the order of enforcement see article 2 of the Law).Article 39. The use of phonogram, published for commercial purposes without the consent of a phonogram producer and performer
1. The following is permitted without the consent of a producer of a phonogram, published for commercial purposes, and a performer whose performance is recorded on the phonogram, but with payment of remuneration:
1) public performance of the phonogram;
2) broadcasting of the phonogram;
3) broadcasting of the phonogram to the general public through cable.
2. The collection, distribution and payment of remuneration provided for in paragraph 1 of this Article shall be carried out by one of the organizations for the collective management of the rights of producers of phonograms and performers (Article 43 of this Law) in accordance with the agreement between these organizations. Unless otherwise provided by this agreement, said remuneration shall be distributed equally between the producer of the phonogram and the performer.
3. It shall be excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).4. The users of the phonograms shall provide the organization, specified in paragraph 2 of this article, with the programs, containing detailed information on the number of performances of the phonograms, as well as other information and documents, necessary for collection and distribution of remuneration.
Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 40. The rights of on-air and cable broadcasting organization
1. In addition to the rights, provided in this Law, the on-air and (or) cable broadcasting organization in relation to its program, has the exclusive right to use in any form and to grant permission to use the program, including the right to receive remuneration for such permission.
2. Exclusive rights to use the program mean the right to conduct, authorize or prohibit the following actions:
1) to broadcast the program;
2) report the transmission for general information on the cable or transmit the transmission on the air, including by relaying its broadcasts;
3) to record the program;
4) to play the record of the program;
5) to broadcast the program to the general public in the places with entrance fee;
6) to release the program to the general public.
3. The exclusive right of on-air and (or) cable broadcasting organization, provided by subparagraph 4) of paragraph 2 of this Article, shall not apply in the following cases:
1) the program was recorded with the consent of the broadcasting or cable organization;
2) reproduction of the program is made for the same purposes for which it was recorded in accordance with the provisions of Article 41 of this Law.
Footnote. Article 40 as amended by the RoK Law dated 09.07.2004 № 586; dated 22.11.2005 № 90 (the order of enforcement see article 2 of the Law); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 40-1. Transference of exclusive rights. License agreement
1. The exclusive rights, specified in Articles 37, 38, 40 of this Law, may be assigned wholly or partially, or may be transferred for use under the licensing agreement on transference of exclusive or non-exclusive rights. The requirements, established in Article 32 of this Law, are applied to such an agreement.
2. Is excluded by the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement see article 2).Footnote. The Law is supplemented by Article 40-1 by the RoK Law dated July 9, 2004 N 586; as amended by the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement see article 2).
Article 40-2. Minimum rates of remuneration for performers and phonogram producers
The authorized body, in agreement with interested authorized bodies in the fields of culture, development and support of private entrepreneurship, shall establish minimum rates of remuneration for performers and producers of phonograms in cases where the practical implementation of property (exclusive) rights on an individual basis shall be impossible due to the nature of the use of performances or phonograms (public performance, including on radio and television, reproduction of a work by mechanical, magnetic or other recording, reproduction and other cases, except for cases established by Article 26 of this Law).
The collective rights management organization, when concluding contracts with users, shall not be entitled to set the remuneration rates for performers and producers of phonograms below the minimum remuneration rates established by the authorized body.
Footnote. Chapter 3 is supplemented by Article 40-2, in accordance with the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication; with the change introduced by the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 41. Restriction of rights of performers, phonogram producers and on-air or cable broadcasting organization
1. The use of performance, production, program of on-air or cable broadcasting organization, as well as their records and phonogram reproduction is permitted without the consent of a performer, an on-air or cable broadcasting organization and without remuneration:
1) for inclusion of short extracts from performances, phonograms, productions, programs of on-air or cable broadcasting organization in the review about the current events;
2) for the purpose of teaching or scientific research;
3) for citation in the form of short extracts from performances, productions, phonograms, programs of on-air or cable broadcasting organization, provided that such quotation is made for information purposes only. At that, an on-air or cable broadcasting organization is allowed to use the copies of phonograms, published for commercial purposes, for broadcasting to the general public by cable while observing the provisions of Article 39 of this Law;
4) in other cases, stipulated by Articles 18-26 of this Law, in relation to restriction of property rights of the author of works of science, literature and art.
2. Notwithstanding the provisions of Articles 37-40 of this Law, the use of a program of an on-air or cable broadcasting organization and reproduction of phonograms for personal purposes only is allowed without the consent of the performer, the phonogram producer and an on-air or cable broadcasting organization. Reproduction of a phonogram is allowed if remuneration is paid in accordance with Article 26 of this Law.
3. The provisions of Articles 37, 38, 40 of this Law on authorization of the performer and the on-air or cable broadcasting organization to record a short-term use of a performance, production or program, are not applied to the reproduction of such records and phonograms, published for commercial purposes, if the short-term use recording or reproduction is made by an on-air or cable broadcasting organization with the help of its own equipment and for its own program, provided that:
1) the organization has previously obtained a permission to broadcast the performance, production or program, in respect of which, in accordance with the provisions of this paragraph, the recording of short-term use or reproduction of such records are made;
2) its destruction within the timeframes, established for recordings of a short-term use of the works of science, literature and art, made by an on-air or cable broadcasting organization in accordance with the provisions of Article 25 of this Law, except for the record that can be stored in the archives taking into account its exceptional documentary character.
4. The restrictions, provided for in this Article, shall not prejudice the normal use of phonograms, performances, programs, productions by an on-air or cable broadcasting organization and their records, and the works of science, literature and art, included in them, and without infringement of legitimate interests of the performer, the on-air or cable broadcasting organization and the authors of the works.
Footnote. Article 41 as amended by the RoK Law dated July 9, 2004 N 586; dated November 22, 2005 N 90 (the order of enforcement See Art. 2 of the Law).Article 42. Duration of the related rights
1. The rights, provided for in this Chapter in relation to a performer, shall have effect for seventy years after the first performance or production. The performer's rights to the name and protection of a performance or production from any distortion or other infringement, able to prejudice the honor or dignity of a performer, established by Article 37 of this Law, shall be protected perpetually.
2. The rights, provided for in this Chapter in respect of a phonogram producer shall have effect for seventy years after the first publication of the phonogram or during seventy years after its first recording, if the phonogram has not been published within that period.
3. The rights, provided for in this Chapter in respect of a broadcasting organization shall have effect for seventy years after the first broadcasting of a program by the organization.
4. The rights, provided for by this Chapter in relation to a cable broadcasting organization shall have effect for seventy years after the first such cable broadcasting to the general public, implemented by the organization.
5. Radio and television programs (broadcast) in relation to which the seventy-year period has not expired since the establishment and lawful disclosure, if they have not been published – from the date of the enactment of this Law they are protected for the remaining period as the objects of the related rights.
6. Calculation of time limits, provided for in paragraphs 1, 2, 3, 4 of this Article, shall begin with the first of January of the year following the year when the legal fact took place, marking the beginning of the period.
7. If a performer was arrested and rehabilitated posthumously, the term of protection of rights, provided by this Article, shall begin on the first of January of the year following the year of rehabilitation.
8. The right to authorize the use of performance, productions, phonograms, programs of an on- air or cable broadcasting organizations and remuneration within the limits of the remaining period of the terms, specified in paragraphs 1, 2, 3 and 4 of this Article, goes to the heirs (for legal entities - successors) of the performer, the phonogram producer and the on- air or cable broadcasting organization.
9. Expiration of the related rights to performances, productions, phonograms, programs of on- air or cable broadcasting organizations shall mean their transference to the public domain.
The provisions of Article 29 of this Law taking into account the provisions of Articles 34-42 of this Law are applied to the objects of the related rights that have passed into the public domain.
Footnote. Article 42 as amended by the RoK Law dated July 9, 2004 № 586; dated November 22, 2005 № 90 (the order of enforcement See Art. 2 of the Law).Chapter 4. Collective management of property rights
Article 43. The goals and scope of application of collective management of property rights
1. Authors of works of science, literature and art, performers, producers of phonograms or other holders of copyright and related rights in order to practically exercise their property rights have the right to create collective rights management organizations.
2. An organization for collective management of rights shall not be entitled to engage in commercial activities, as well as to use works and objects of related rights obtained for management on a collective basis.
3. It is allowed to establish separate organizations for various rights and different categories of owners of the rights, or the organizations, managing various rights for one category of owners, or the organizations, managing one type of rights for different categories of copyrights holders. These organizations are established directly by the owners of copyright and the related rights, and act within the powers, entrusted by them, on the basis of the charter.
Collective rights management organizations can be created, in particular, in the following areas of collective management:
1) management of exclusive rights to published musical works (with or without text) and excerpts of musical and dramatic works in relation to their public performance, messages for public information on cable or broadcast, including by retransmission, as well as public information;
2) exercising the rights of composers who shall be authors of musical works (with or without text) used in an audiovisual work to receive remuneration for public performance or communication for public information via cable or broadcast, as well as to make such audiovisual work publicly known;
3) management of the resale royalty right for the works of fine art;
4) implementation of the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproduction of phonograms and audiovisual works for personal use and without getting income;
5) exercising the rights of performers and producers of phonograms to receive remuneration for public performance, communication to the public on cable or broadcast, as well as bringing to the public phonograms published for commercial purposes;
6) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication);7) management of the rights to reproduce (reproduction of) the published works;
8) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication);4. The powers for collective management of property rights shall be transferred directly by the holders of copyright and related rights voluntarily based on written agreements, as well as under relevant agreements with foreign organizations managing similar rights, subject to the provisions of paragraph 2 of Article 46-1 of this Law.
At the same time, holders of copyright and related rights can transfer such powers to only one collective rights management organization.
5. The charters of collective rights management organizations must contain provisions that meet the requirements of this Law. Refusal to register a collective rights management organization shall be allowed in cases of violation of the requirements of this Law, as well as legislation establishing the procedure for registering non-profit organizations.
6. The said organizations are run by the owners of copyright and the related rights, the property rights of whom it manages. Decision on remuneration and conditions of a license agreement with the users, the order of distribution and payment of the remuneration and other fundamental issues of such organization’s activity are conducted exclusively by the owners of copyright and the related rights, collectively at the general meeting.
Footnote. Article 43 is in the wording of the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 44. Activities of collective rights management organizations
1. Any author, his heir or other holder of copyright and related rights protected in accordance with chapters 2 and 3 of this Law shall have the right to transfer the exercise of his property rights to a collective rights management organization, and the organization shall be obliged to assume the exercise of these rights on a collective basis, if the management of this category of rights belongs to the statutory activities of this organization. These organizations are not entitled to use works and objects of related rights obtained for management on a collective basis.
2. Based on the powers obtained in accordance with paragraph 3 of Article 43 of this Law, the collective rights management organization shall conclude license agreements with users for the appropriate methods of using works and objects of related rights. The terms of such license agreements must be the same for all users of the same category. These organizations shall not be entitled to refuse to conclude license agreements to the user without sufficient grounds.
2-1. Users shall be obliged to conclude an agreement through a unified digital platform and submit a report to the organization managing property rights on a collective basis on the use of copyright and related rights, as well as other information and documents necessary for the collection and distribution of remuneration, the list and deadlines for submission of which shall be determined in the license agreement, in writing or in the form of a digital document.
3. Is excluded by the RoK Law dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication.)4. All possible claims to property of owners of copyright and the related rights to the users, associated with the use of their works and objects of the related rights under such licensing agreements shall be settled by the organization, concluding licensing agreements.
5. The collective rights management organization shall be obliged to take measures to distribute and pay the collected remuneration.
If it is impossible to distribute and identify the collected remuneration due to the failure to submit user reports on the use of copyright and related rights objects, the collective rights management organization shall be obliged to retain such unallocated remuneration, and after three years from the date of its receipt at the organization's account, include it in the distributed amounts in the procedure determined by the general meeting of copyright and related rights holders.
The amounts of the collected remuneration distributed and accrued to specific owners of copyright and related rights should be stored on the account of the collective rights management organization and be paid to the corresponding author and (or) copyright holder as such individuals shall be found or applied, regardless of the period of storage of such amounts on the organization's account.
Footnote. Article 44, as amended by the laws of the Republic of Kazakhstan dated 09.07.2004 N 586; dated 10.07.2009 N 179-IV (the order of enforcement see article 2); dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 45. Functions of collective rights management organizations
The collective rights management organization shall perform the following functions on behalf of the copyright and related rights holders represented by it and on the basis of the powers received from them:
1) conclude license agreements with users for the use of rights managed by such an organization in writing or in the form of a digital document;
2) to coordinate with the users the remuneration and other conditions defined for licensing agreements;
3) coordinate with users the amount of remuneration in cases where this organization shall collect such remuneration without concluding a license agreement (Article 26 and paragraph 2 of Article 39 of this Law);
4) collect the remuneration provided for by the license agreement and (or) the remuneration provided for by subparagraph 3) of this article, in compliance with the requirements of paragraph 1 of Article 166 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code);
5) to distribute and pay the remuneration, collected in accordance with subparagraph 4) of this Article, provided by the organization to the holders of copyright and the related rights;
6) to take any legal actions, necessary to protect the rights, managed by such organization.
Footnote. Article 45 as amended by the RoK Law dated 10.07.2009 № 179-IV (the order of enforcement see article 2); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 45-1. Unified digital platform
1. The expert organization shall manage a unified digital platform and provide a unified point of access to its use in the field of collective management of rights in the procedure determined by the authorized body.
2. To ensure the functioning of a unified digital platform, the expert organization forms and maintain the following registers in the field of property rights management on a collective basis (hereinafter referred to as the registers):
1) the register of works;
2) register of authors and copyright holders;
3) register of organizations for collective management of rights;
4) user register;
5) register of contracts;
6) other registers necessary for the functioning of a unified digital platform.
Registers shall be formed and maintained in accordance with the procedure established by the authorized body.
Footnote. Chapter 4 as added by the Article 45-1 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 46. Responsibilities of collective rights management organizations
1. The organization's activities on collective management of rights shall be carried out in the interests of copyright and related rights holders represented by such organization.
To this end, the organization must:
1) simultaneously with the payment of remuneration, submit reports through the personal account on the organization's Internet resource and a unified digital platform to holders of copyright and related rights containing information about the use of their rights, including the amount of remuneration collected and the amounts withheld from it;
1-1) use a unified digital platform;
2) use the remuneration collected in accordance with the provisions of subparagraph 4) of Article 45 of this Law for the distribution and payment to owners of copyright and related rights. The distribution and payment of remuneration should be carried out fairly, without discrimination on the basis of citizenship, country of residence, category of copyright holder and other grounds. In this case, the organization shall have the right to deduct from the collected remuneration the amounts to cover its actual expenses for the collection, distribution and payment of such remuneration, as well as the amounts that shall be sent to special funds created by this organization with the consent and in the interests of the owners of copyright and related rights represented by it. The amount of its actual expenses for the collection, distribution and payment of remuneration, as well as those allocated to special funds, shall not exceed twenty percent of the total amount of remuneration collected;
In this case, the amounts to cover their actual expenses for the collection, distribution and payment of remuneration should be made in proportion to each amount due to each copyright holder;
2-1) enter into a unified digital platform information about the collected, distributed, paid remuneration, as well as remuneration aimed at covering the expenses of the organization for collective management of rights, in the procedure and in the form determined by the authorized body;
3) distribute and at least once a quarter pay the collected amounts of remuneration to Kazakhstani owners of copyright and related rights and at least once a year - to foreign organizations managing similar rights, minus the amounts specified in subparagraph 2) of this paragraph, in proportion to the actual use of works and objects of related rights. At the same time, the organization shall be obliged to take measures to identify the rightsholders entitled to receive remuneration in accordance with the license agreements and remuneration agreements concluded by this organization, including using for this purpose information received from other organizations for collective management of rights, mass media distributed throughout the Republic of Kazakhstan;
4) make the registers, containing information on the owners, on the rights transferred to it for management, as well as the objects of copyright and the related rights. The information, contained in these registers, shall be submitted to all the interested parties, with the exception of information that cannot be disclosed without the consent of the owner in accordance with the law;
5) create an Internet resource in order to inform about the organization's activities on collective management of rights, ensure the availability of the Internet resource around the clock, the openness of the information posted on it, as well as the provision of such information free of charge;
6) post on the Internet resource and a unified digital platform information on the rights transferred to it for management, including the name of the object of copyright or related rights, the name of the author or other copyright holder, and in the case of transfer of rights under agreements on mutual representation of interests with an organization managing property rights on a collective basis, the name of such an organization, remuneration rates;
7) post information about the organization's representatives on its Internet resource and a unified digital platform;
8) publish reports sent to the authorized body in the media distributed throughout the Republic of Kazakhstan, on its Internet resource and a unified digital platform;
9) post on its Internet resource and a unified digital platform information about contracts concluded with users, including the name of the user and his location, as well as the date of conclusion of such an agreement;
10) conclude agreements on mutual representation of interests with organizations for collective management of rights in the territory of the Republic of Kazakhstan;
11) notify the authorized body in writing or in the form of a digital document of the time and place of the general meeting no later than ten business days before the date of the general meeting, as well as provide access to it;
12) not later than ten working days to place on a unified digital platform:
amendments introduced to the charter and other constituent documents of such an organization registered with the justice authorities;
copies of concluded bilateral and multilateral agreements on mutual representation of interests with foreign organizations managing similar rights;
copies of resolutions of the general meeting.
1-1. The collective rights management organization shall be obliged to involve an independent audit organization at least once every two years to audit its accounting (financial) reporting, as well as verification of the conduct and documentation of transactions with money in the collection, distribution and payment of remuneration, compliance of the distribution of the collected remuneration with the requirements provided for by the methodology approved by such organization, accounting for targeted income and payments made from special funds, compliance with other requirements imposed on the activities of such organization and established by this Article.
The organization managing property rights on a collective basis shall be obliged to publish on its Internet resource and a unified digital platform within a month from the date of approval (signing) the audit report and the results of the audit, together with the relevant accounting (financial) statements, which should be publicly available to copyright holders for five years.
Accounting (financial) statements and other information provided for by part one of this paragraph, subject to audit and verification, may not be classified as information containing confidential information, commercial or other secret protected by law.
Audit and audit expenses shall be included in the organization's collective rights management expenses.
2. Holders of copyright and related rights who have not granted the authority to an organization for collective management of rights, in relation to the collection of remuneration provided for in subparagraph 4) of Article 45 of this Law, have the right to demand from it to pay the remuneration due to them in accordance with the distribution made, as well as to exclude their works and objects of related rights from the permissions granted by this organization to users.
The collective rights management organization shall be obliged to publish on its Internet resource and a unified digital platform within a month from the date of approval (signing) the audit report and the results of the audit, together with the relevant accounting (financial) statements, which should be publicly available to copyright holders for five years.
Upon the expiration of three months from the date of receipt of the corresponding notification from the owner of copyright and (or) related rights, the Collective rights management organization shall be obliged to exclude the rights and (or) objects indicated by them from license agreements with all users and post information about this in the media distributed throughout the Republic of Kazakhstan, on its Internet resource. The collective rights management organization shall be obliged to pay the owner of copyright and (or) related rights the remuneration due to him, received from users in accordance with previously concluded license agreements, and submit a report to him.
An organization for collective management of rights, from the repertoire of which copyright and related rights holders have excluded works and objects of related rights, shall not be entitled, after the expiration of the period specified in part two of this paragraph, to grant users permission to use them.
Footnote. Article 46 is in the wording of the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); № 161-VI of 20 June 2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 46-1. Accreditation of collective rights management organizations
1. An organization for collective management of rights has the right to obtain a certificate of accreditation from an authorized body to carry out activities in the areas of collective management provided for in paragraph 3 of Article 43 of this Law.
2. Accreditation is made separately for each of the fields, specified in paragraph 3 of Article 43 of this Law.
A collective rights management organization may obtain a certificate of accreditation to carry out activities in one, two or more areas of collective management specified in paragraph 3 of Article 43 of this Law. The form of the accreditation certificate of the collective rights management organization shall be established by the authorized body.
A collective rights management organization that has received an accreditation certificate has the right, along with managing the rights of those copyright holders with whom it has concluded rights management agreements, to collect remuneration for those copyright holders with whom such agreements have not been concluded.
Footnote. Chapter 4 is supplemented by Article 46-1, in accordance with the RoK Law dated 10.07.2009 № 179-IV (the order of enforcement see article 2).Article 46-2. Procedure for accreditation of collective rights management organizations
1. Accreditation of organizations for collective management of rights shall be voluntary and be carried out by an authorized body on the basis of an application from an organization for collective management of rights, in accordance with the conclusion of the accreditation commission of organizations for collective management of rights (hereinafter referred to as the accreditation commission).
2. The composition and regulations on the accreditation commission, accreditation rules, qualification requirements for collective rights management organizations are approved by the authorized body.
Information on the date of the accreditation commission meeting shall be posted by the authorized body in periodicals distributed throughout the Republic of Kazakhstan and on its Internet resource no later than thirty working days before the date of the accreditation commission meeting.
3. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).4. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
5. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
6. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
7. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
8. The decision to refuse accreditation of a collective rights management organization may be appealed in the procedure prescribed by the legislation of the Republic of Kazakhstan.
9. Information about the accredited organizations is hosted by the authorized body on its Internet site.
10. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).11. As excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
Footnote. Chapter 4 is supplemented by Article 46-2, in accordance with the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 20.06.2018 № 161-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
Article 47. Monitoring the activities of collective rights management organizations
1. The organization for the collective management of the rights of authors, performers, producers of phonograms or other holders of copyright and (or) related rights shall be obliged annually, no later than April 15 of the year following the reporting year, to provide the authorized body through a unified digital platform:
1) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).2) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
3) as excluded by the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
4) annual balance sheet, annual report, including information on collected, distributed, not distributed, paid, unpaid, unclaimed remuneration;
5) information on branches and representative offices at the local level that perform the functions of collection, distribution and payment of remuneration for the use of objects of copyright or related rights.
Documents submitted by a collective rights management organization shall be certified by a notary or seal of such organization.
2. The authorized body has the right to request additional information and documents from collective rights management organizations necessary to verify compliance of the organization's activities with this Law, the legislation of the Republic of Kazakhstan on non-profit organizations or other legislation, as well as the charter of such an organization.
Footnote. Article 47 as amended by the laws of the Republic of Kazakhstan dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); № 161-VI of 20.06.2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 47-1. Revocation of accreditation certificate for collective rights management organizations
The accreditation certificate of collective rights management organizations may be revoked by the authorized body in the following cases:
1) revelation of false information in the documents that were used as a ground for accreditation issuance;
2) failure to submit timely annual reports on the organization’s activities to the authorized body;
3) submission of an annual report on activities of the accredited organization that contains false information, to the authorized body;
4) commercial activities;
5) failure to perform duties, established by Article 46 of this Law;
6) late payment of remuneration;
7) failure to find authors, performers and producers of phonograms for transfer of the collected remuneration.
8) bringing to administrative responsibility for obstructing officials of state control and supervision bodies in the performance of their official duties, as well as failure to comply with orders, orders and other requirements;
9) application of remuneration rates for authors, performers and producers of phonograms below the minimum remuneration rates established by the Government of the Republic of Kazakhstan.
Footnote. Chapter 4 is supplemented by Article 47-1, in accordance with the RoK Law dated 10.07.2009 № 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 47-2. Termination of accreditation certificate for collective rights management organizations
1. The certificate of accreditation of collective rights management organizations shall be terminated in the following cases:
1) expiration of the term for which the accreditation certificate was issued;
2) a decision taken on voluntarily return of the accreditation certificate to the authorized body;
3) revocation of the accreditation certificate;
4) liquidation of a collective rights management organization.
2. Information on the termination of the certificate of accreditation of organizations for collective management of rights shall be posted on the Internet resource of the authorized body and a unified digital platform within a month from the date of occurrence of the cases specified in paragraph 1 of this Article.
Footnote. Chapter 4 is supplemented by Article 47-2 in accordance with the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement see article 2); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 47-3. Suspension of the accreditation certificate for collective rights management organizations
1. The certificate of accreditation of collective rights management organizations shall be suspended by the authorized body for three months in the following cases:
1) failure to submit an annual report on the activities of an accredited organization to the authorized body within the prescribed period;
2) submission to the authorized body of an annual report on the activities of an accredited organization containing knowingly false information.
2. Information on the suspension of the accreditation certificate of collective rights management organizations shall be posted on the Internet resource of the authorized body and a unified digital platform within one day from the date of the occurrence of the cases specified in paragraph 1 of this Article.
Footnote. Chapter 4 as added by the Article 47-3 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Chapter 5. Protection of copyright and the related rights
Article 48. Violation of copyright and the related rights
1. For violation of copyright and (or) related rights provided for by this Law, liability is imposed in accordance with the laws of the Republic of Kazakhstan.
2. In relation to works or objects of the related rights the following is not permitted:
1) without permission of the author or the copyright holder to fulfill actions, aimed at lifting restrictions on use of the works or objects of the related rights, established by technical devices used for protection of copyright and the related rights;
2) manufacturing, distribution, sale, rent, lending, importation, advertising of any device or its components, their use in order to earn income or provide services in the cases when such actions result in impossibility to use the technical devices for protection of copyright and the related rights or the technical devices cannot provide adequate protection of such rights;
3) removal or changing the information about the rights management without the permission of the author or copyright holder;
4) reproduction, distribution, import for distribution, public performance, communication for public information on the air (including retransmission) or by cable, bringing to public information of works or objects of related rights in respect of which information on the management of property rights has been deleted or changed without the permission of the author or other copyright holder.
Footnote. Article 48 is in the wording of the RoK Law dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); as amended by the RoK Law dated 12.01.2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.11.2005 № 90 (the order of enforcement sees Art.2); dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 48-1. Monitoring the activities of individual and legal entities, using the objects of copyright and the related rights
Footnote. Supplemented by Article 48-1 by the RoK Law dated 09.07.2004 N 586; shall be excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Article 48-2. Control over the activities of individuals and legal entities using objects of copyright and related rights
1. Control over the activities of individuals and legal entities using objects of copyright and related rights shall be carried out by the authorized body.
2. The individuals specified in paragraph 1 of this Article shall be obliged, at the request of the authorized body, to submit information about the works or objects of related rights used, income obtained as a result of the use of copyright or related rights, as well as information and documents related to the payment of royalties.
Footnote. Chapter 5 as added by the Article 48-2 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2025 № 233-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 49. Protection of copyright and the related rights
1. Protection of copyright and the related rights is performed by the courts through:
1) recognition of the rights;
2) restoration of the situation that was before the violation of the rights;
3) suppression of actions that infringe or threaten to infringe the rights;
4) compensation of damages, including the lost profits;
5) recovery of the income, received by the infringer after violation of copyright and (or) the related rights;
6) payment of compensation in the amount from one hundred monthly calculated indices to fifteen thousand monthly calculated indices determined at the discretion of the court, or twice the value of the copies of the work or twice the value of the right to use the work, determined on the basis of the price, which in comparable circumstances is usually charged for the lawful use of the work. The amount of compensation is determined by the court instead of compensation for losses or collection of income;
7) taking of any other measures, provided for by the legislation on protection of their rights.
The measures, specified in subparagraphs 4), 5) and 6) of this paragraph shall apply at the discretion of the copyright holder.
1-1. shall be excluded by the Law of the Republic of Kazakhstan dated 20.06.2018 № 161-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).2. Before considering the case, the judge may independently render a decision to prohibit the respondent to manufacture, reproduce, sell, use the copies of the objects of copyright and (or) the related rights, in relation to which it is assumed that they are counterfeit. The judge is also entitled to render a decision on seizure and confiscation of all copies of the objects of copyright and (or) the related rights in relation to which it is assumed that they are counterfeit, and the materials and equipment, used for their production and reproduction.
3. The court may render a decision on confiscation of the counterfeit copies of the objects of copyright and (or) the related rights, as well as the materials and equipment, used for their production. Counterfeit copies of the objects of copyright and (or) the related rights can be submitted to the holder of copyright or the related rights upon his request or shall be destroyed under the court decision.
Materials and equipment used for their production are to be destructed under the court decision or transferred to the state revenue.
Footnote. Article 49 as amended by the laws of the Republic of Kazakhstan dated 22.11.2005 N 90 (the order of enforcement see article 2 of the Law); dated 10.07.2009 N 179-IV (the order of enforcement See Art. 2); dated 12.01. 2012 № 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2015 № 300-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016); № 161-VI dated 20.06.2018 (shall be enforced upon the expiration of ten calendar days after the date of its first official publication).
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The President of the Republic of Kazakhstan |