Violation of Copyright - Adlex Global

Violation of copyright in Kazakhstan is a common occurrence in today’s world. Often, it happens due to ignorance rather than intentional purposes. Many people are aware that trademarks, logos, company names, songs, and music are protected by copyright. However, few realize that even a photo from Google or a computer program downloaded from the internet is also protected by copyright. Using them without permission or purchase means violating the copyrights of their creators.

There’s a common misconception that only objects with specific copyright symbols or warning signs about liability for their use are protected by copyright. But that’s not the case. Just because content on the internet is freely accessible doesn’t mean it can be used freely for one’s purposes. After all, it’s not difficult for the author to prove their authorship and hold the lawbreaker accountable.

Responsibility for Copyright Infringement: In Kazakhstan, copyright infringement entails criminal liability, and the Law on Copyright and Related Rights provides for the recovery of compensation for copyright infringement.

Criminal Liability: The norms of the Criminal Code of Kazakhstan establish punishment for the unlawful use of copyrighted works. According to Article 198 of the Criminal Code of Kazakhstan, the following actions are considered unlawful:

Unauthorized use of copyrighted works
Attribution of authorship or coercion to co-authorship

Unauthorized use of copyrighted works includes reproduction, distribution, importation, demonstration, and translation without the author’s consent, including without payment of royalties.

Attribution of authorship occurs when a person proclaims themselves the author of another’s work, releasing it wholly or partially under their own name. Plagiarism is a synonym for attribution, which means the intentional appropriation of authorship. However, the concept of attribution is broader than plagiarism.

Coercion to co-authorship is when someone influences the author through various means (such as blackmail, threats, or violence) to obtain their consent to be named as a co-author.

Article 198 of the Criminal Code of Kazakhstan lists the following types of punishment:

Fine
Corrective labor
Restriction of freedom
Deprivation of liberty
Deprivation of the right to hold certain positions or engage in certain activities

The type of punishment depends on the severity, the amount of damage caused, and other circumstances.

Compensation for Copyright Infringement:

The copyright holder can file a separate lawsuit against the infringer and demand compensation for the damage caused. The infringer of copyright can be required to pay compensation ranging from 100 to 15,000 monthly calculation indicators (MCI) (approximately from 291,700 to 43,755,500 tenge). The amount of compensation is determined by the court.

What to Do in Case of Copyright Infringement?

If your copyright has been infringed, certain measures must be taken to protect it. Protecting your rights is easier when your copyrights are registered. According to Article 9 of the copyright law, copyright arises upon the creation of the work. Copyright does not require registration, special formalities, or any other specific procedures to come into effect. However, registration significantly simplifies the process of proving authorship in court. Of course, authorship can be proven by other means, but obtaining a certificate is the simplest.

Therefore, in the event of copyright infringement in Kazakhstan, it is necessary to:

Notarize the infringement. It is essential to prepare evidence before going to court.
Send a notice to the infringer demanding the cessation of the infringement. It is not mandatory to take the matter to court; usually, infringers are willing to comply with the author’s demands out of court.
Seek legal protection of your rights in court. If the infringer refuses to comply with your demands, you have the right to defend your rights.

Practice:

In our practice, we often encounter various cases and examples of copyright infringement. Here is one recent example:

Our client is the author of photographic works whose rights were violated by copying and displaying these photos on a marketplace without the author’s permission.

Our company’s lawyers took actions aimed at collecting and processing evidence, preparing and sending a pre-trial claim letter, and filing a lawsuit.

The outcome of this case was a settlement agreement with the defendant voluntarily compensating the author, which was also prepared by our specialists.

Statistics:

According to the Ministry of Internal Affairs, data for the first half of 2022 showed that there were seven criminal cases for infringement of copyright and related rights in production, three of which were registered this year. According to legal statistics, in the first six months of 2022, 164 applications for the protection of copyright were filed in first-instance courts. In appellate courts, there were 33 disputes related to intellectual property, particularly copyright protection. One application for the protection of copyright was submitted to the cassation court.

Conclusion:

Kazakhstan is a member of the World Intellectual Property Organization, which is dedicated to protecting authors and their rights to intellectual property. Additionally, new changes are introduced to intellectual property legislation every year to ensure guaranteed legal assistance by the state. Therefore, it is crucial to verify the legality of your actions before using someone else’s song, photograph, or video recording. This will significantly save expenses in the future.