Ministry Higher Education of Russian Federation

Southern Federal University

Faculty of Economics
Department of Finance and Credit

Copyright and related rights protection in Afghanistan and Russia

By : Ghazi Patang
Ms Student of Global Business and Forensic Accounting
Group: 1.5
 The law of support the right of Authors, Composers, Artists and
Researchers (Copy Right Law)

 This Law has been put in effect pursuant to

the article 47 of the Constitution of
Afghanistan in order to protect the
economical and moral rights of the works of
an author, writer, artist and researcher and
the way to profit from the work of
ownership rights to organize issues
pertaining to the copyright.
 Author, writer, artist and researcher in this
law are names as those who create.
Law Enforcement Source:

 Ministry of Information and Culture is the main body which implements this Law.
Copy right
 Copy right protection Article :
The original works of authors shall be protected that are fixed (without taking into account the value, quality, purpose or the mode of its expression) in one of the tangible mediums of
expression that is known now or means that will be developed later, which are perceived, reproduced or communicated in a different way either directly or with the aid of a device.
 Works to be protected :
A- The following works shall be protected:
1- Book, pamphlet, brochure, essay, play and other academic technical and artistic writings.
2- Poem, melody, song and compose that has been written, recorded or published using any mean.
3- Audiovisual work for the purpose of performance on a movies scene or broadcast from radio or television that has been written, recorded or published using
any mean.
4- Musical work which has been written recorded or published by any mean.
5- Painting, picture, design, drawing, innovate geographical cartography, linear writings, decorative lines and other decorative and imaginary works which have
been created using any simple or combinatory mean or mode.
6- Innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.
7- Technical work with an innovative aspect.
8-Computer programs 12- Derivative works.
B- The provisions of this Law shall apply to all other works eligible in accordance with all international treaties, agreements and conventions that Afghanistan is
a party to.
 Record:
 (1) The author can record the work, name, title and logo of
his/her work in the Ministry of Information and Culture.
How to apply, record and other issues related to this shall
be communicated through a different procedure issued
from the Ministry of Information and Culture.
 (2) The author can apply to present his/her works to the
Ministry if it includes the followings:
I. Name of author or authors or person with lateral rights.
II. Contents of the work or issue of lateral right.
III. Two copies of the work or issue of lateral right.
IV. An exact correspondence on the characteristics of the
work or issue of lateral right
V. Written correspondence from the author regarding the
ownership of the work or lateral right .
 States of no protection
 (1) The provisions of this Law shall not
protect works which are in contradiction
with the provisions of the Law.
 (2) The subject matter of copyright
includes Derivative Works that has been
presented by the author where the use of
preexisting material has been
differentiated.
 This right does not extend to any kind of
the copyright in the preexisting material.
 Author’s Rights

 The author has the exclusive copyright

to publish, broadcast, present and
perform the work and has the right to
enjoy economically and morally his
name and his work.
Status of enjoying economical rights

 The Author shall enjoy the provision of this

Law as long as his work has not been published,
printed or broadcast before Afghanistan in any
other country.
 Moral Rights
 (1) The moral rights of the work are confined to
the author and are non-transferrable.
 (2) The author has the the following moral rights:
1- Mention or no mention of his/her name or his/her
metaphorical name.
2- Ban on any kind of use from his/her work that
negates the reputation and credibility of the author
3- Objection on any kind of alternation, change of
form or possession of the work.
 (3) Whenever an employee during the scope
his/her employment creates a work using the
facilities of the employer, the work belongs and is
owned by the employer unless there has been a
different agreement on that.
Cession or Transfer of Rights
 (1) The author a work protected by the provisions of this law can transfer in writing the economic rights of
his work to another person with the clear mention of the timeframe, modality of the transfer, purpose, place
and amount of it.
 (2) The author cannot stop the person whom he has transferred the rights, but can withdraw to publish or
broadcast his work or can bring a change in that, in which case he has to compensate for the losses of the
person whom he had transferred the rights previously.
 (3) The honor of the moral rights enshrined in this Law shall be transferred to the legal inheritor of the
author after his/her death. Where author dies without an inheritor, the rights shall be undertaken by the
Ministry of Information and Culture.
 (4) If the author advises in his testament for a certain date of his work to be published or not, his testament
will be fully taken into account.
 (5) If an author, his/her partners or one of his co-authors has no legal inheritor, the share of their economical
rights shall be attributed to the Ministry of Information and Culture after their death.
Selling or cession of the original copy

 Sell or cession of the original copy of the

work by the author shall not be considered as
his rights transfer.
Publication of the work after the death
 Whenever the inheritors or successors of the author do
not publish the work and Ministry of Information and
Culture deems this in the interest of the public, the
Ministry shall notify the inheritors and successors in
writing.
 If they do not publish the work in one year effective
from the date of the notification, the Ministry shall
issue the order to publish the work and shall pay a
reasonable amount to the beneficiaries of the author/s.
Exclusive Right of Phonogram

The producer of the phonogram shall have the following

exclusive rights:
 1- Direct or indirect reproduction of the phonogram in
different forms.
 2- Leasing the copy of the phonogram.
 3- Providing the phonogram through selling it.
 Timeline to use the copyright
 Timeline to protect the works :
(1) Provision s in the article six of this Law shall be protected under the following circumstances:
 1- Works published or broadcast during the life cycle of the author shall be protected fifty calendar years
after his/her death unless the author has decided differently.
 2- Joint works published or broadcast during the life cycle of the authors shall be protected for fifty years
after the death of the last author.
 3- Works published or broadcast with metaphorical (pseudonym) names shall be protected for fifty years
after the first year of the publication. If the author is identified, the provisions of the clause 1 of this article
shall apply.
 4- Works not published during the life cycle of the author and in the case of the joint work, that have not
been published during the life cycle of the last author, shall be protected for fifty years effective from the
first year of publication and broadcast.
(2) Provisions of the article 15 of this Law for the publication of the audiovisual work in the case of not being
publicized and broadcast, effective from the date of phonogram’s fixation shall be protected for fifty years.
Start Date of the timeline for the protection of the
work
 If the timeline of the protection starts from the date
of the publication and broadcast, therefore the first
date of the publication shall be the date for the
protection timeline unless the author when
reproducing the work brings fundamental changes in
the work in way that results into a new work.
 If the work is consisted of several components or is
published in different phases, the timeline for the
protection shall be accounted for each component as
a separate work.
Rights of the Broadcasting Organization and the Performer of Work
Ownership of the work based on an agreement

 Rights of the Broadcasting Organization and the Performer of Work Ownership of the work based on
an agreement
 If an author based on a contract creates a work for the owner of the broadcasting organization, the
rights of this work belongs to the owner of the broadcasting organization unless the agreement states
differently.
 Reproduction : The broadcasting organization has the right to reproduce its publications; this right is
reserved twenty years effective from the date of publication.
Exclusive rights of the Broadcasting Organization

 The broadcasting Organization has the following rights:

 1- Reproduce a relevant publication
 2- Public awareness.
 3- Recording the relevant publications 4- Reproduction of the recorded relevant
publications .
 COPYRIGHT in Russia
 The Sphere of Application of Copyright
 1. Pursuant to this Law, copyright shall cover:
- works published or unpublished, but existing in some presentable form in the Russian territory, regardless of
the citizenship of their authors and successors thereof;
- works published or unpublished, but existing in some presentable form outside Russia, and shall be
recognized as belonging to the authors who are Russian citizens and successors thereof; and
- works published or unpublished, but existing in some presentable form outside Russia, and shall be
recognized as belonging to the authors (successors thereof) who are nationals of other countries pursuant to the
international agreements of the Russian Federation.
 2. A work shall also be deemed published in Russia, if it is published in its territory within 30 days of the
date of its first publication outside Russia.
 3. In granting protection to a work in Russia pursuant to her international agreements, the author of such
work shall be determined pursuant to the legislation of the State, in the territory of which the legal fact that
has provided the grounds for gaining copyright has taken place.
Object of Copyright . General Provisions in Russia
 1. Copyright shall extend to the works of science, literature and the arts that are the result of creative activity,
irrespective of the purposes or merits of such works, and the methods of expressing the same.
 2. Copyright shall cover both published and unpublished works existing in some presentable form, including:
 - writing form (manuscripts, typewritten works, musical notation, etc.);
 - oral form (public pronouncement, public performance, etc.);
 - sounds or video recording (mechanical, magnetic type, digital and optical recording, etc.)
 3. Any part of a work (including its name), with meets the requirements of Para 1 of this Article and can be used
independently, shall be an object of copyright.
 4. Copyright shall not apply to ideas, methods, processes, systems, methods, concepts, principles, discoveries, and facts.
 5. Copyright in a work shall not be connected with the right of ownership of the material object in which such work is
expressed.
 The transfer of the right of ownership of such material object or the right of possession of the same shall not per se
entail the transfer of any copyright in the work expressed in the said object other than in cases provided for by Article
17 of this Law.
 Works Constituting Objects of Copyright
 1. The objects of copyright shall include: - literary works (including computer
programmed); - dramatic and musical-dramatic works and scripts; - choreographic works
and pantomimes; - musical works with or without any text;
 2. Protection for computer programmed shall cover all software (including operating
systems) which can be expressed in any language and any form, including the initial text
and object code.
 3. The objects of copyright shall also include: - derivative works (translations,
adaptations, annotations, abstracts, resumes, reviews, stage versions, musical
arrangements and other revision of works of science, literature and the arts; and -
collections (encyclopedias, anthologies and data bases) and other composite works
representing by the selection and arrangement of included material the result of creative
work.
Origin of Copyright. Presumption of Authorship
 1. Copyright in a work of science, literature or the arts shall arise due to the fact of its
production. There shall be no need to register or otherwise specially formalize the work or
observe any other formalities for copyright therein to arise and be exercised.
 2. Unless proved otherwise, the person indicated as the author on the original or a copy of a
work shall be regarded as its author.
 3. In the publication of a work anonymously or under a pseudonym (other than in cases
where the author's pseudonym does not leave any doubt as to his identity), the publisher,
whose name or appellation is indicated on such work, shall be regarded, unless proved
otherwise, the author's representative pursuant to this Law and be entitled in this capacity
to protect the rights of the author and cause them to be implemented.
 Copyright of Compilers of Collections and Other
Composite Works
 1. The author of a collection or other
composite works (compiler) shall have
copyright in the selection or arrangement of
materials done thereby and representing the
result of creative work (compilation).
 2. The publishers of encyclopedias,
encyclopedic dictionaries, periodical and
continued collections of scientific works,
newspapers, magazines, journals and other
periodicals shall enjoy the exclusive right to
use such publications.
Copyright of Translators and Authors of Other Derivative
Works
 1. Translators and the authors of other derivative works shall have copyright in their
translations, adaptations, arrangements or other reworking's .
 The translator or the author of some other derivative work shall enjoy copyright in his
work provided he observes the rights of the author of the work translated, adapted, re-
arranged or otherwise reworked.
 2. The copyright of translators and the authors of other derivative works shall not
prevent other persons from doing their own translations and adaptations of the same
works.
 Copyright in Audio-Visual Works
 1. The authors of audio-visual work shall include: - the director/producer; - the author of the script
(scriptwriter); - the author of a musical work, with or without any text, specially created for such audio-
visual work (composer).
 2. The conclusion of a contract for creating an audio-visual work shall involve the transfer by the
authors of this work to the performer of the audio-visual work of the exclusive rights to reproduce,
disseminate, perform in public form, to communicate by cable for public notice and broadcast by radio
or television or to communicate for public purposes an audio-visual work, and also to subtitle and
duplicate an audio-visual work, unless otherwise provided for by the contract.
 3. In the public performance of an audio-visual work, the author of a musical work (with or without
text) shall retain the right to remuneration for the public performance of his musical work.
 4. The authors of the works making part of the audio-visual works that existed earlier (the author of the
novel that underlies the script and others) and those created in the process of work thereon
(cameraman-producer, art-producer, etc.), may use copyright in each of these works.
 Copyright in Works Produced in Line of Duty
 1. Copyright in a work created as part of job responsibilities or the employer's job assignment (work created
in line of duty) shall belong to the author of such work.
 2. The exclusive rights to the user of a work created in line of duty shall belong to the person with whom the
author maintains an employment arrangement (employer) unless otherwise provided for by the agreement
between the same and the author. The amount of the author's fees for each kind of use of a work created in
line of duty and the procedure for paying such fees shall be determined by the agreement between the author
and the employer.
 3. The employer may, in any use of a work created in line of duty, indicate his name or demand such an
indication.
 4. The provisions of this Article shall not apply to the production of encyclopedias, encyclopedic
dictionaries, periodical and continued collections of scientific works, newspapers, journals, magazines and
other periodicals (Para 2 of Article 11 of this Law) produced as part of job responsibilities or the employer's
job assignment.
Duration of Copyright
 1. Copyright shall remain effective during the entire lifetime of the author and for 50 years after his/her
death save the cases as are provided for by this Article.
 2. The author may nominate a person, in the same way as the executor is appointed for a will, who will
protect the right of authorship, the right to a name and the right for protection of his or her reputation
after his/her death. This person shall perform his long-life powers.
 3. Copyright in a work published anonymously or under a pseudonym shall remain effective for 50 years
from the date of its legitimate publication.
 4. Copyright in a co-authored work shall operate during the entire lifetime and for 50 years after the
death of the last author surviving the other co-authors.
 5. Copyright in a work published for the first time after the author's death shall operate during 50 years
after its publication.
 6. The calculation of the period, envisaged by this Article, shall begin since January 1 of the year
succeeding the year in which the juridical fact underlying the beginning of the running period took place.
Transfer of Copyright by Succession Copyright shall be
inherited.

 The right of authorship, the right to a name and the right to protection for the author's
reputation shall not be inherited. The author's heirs may protect the said rights. These powers
of the heirs shall not be limited by any term. In the author has no heirs, the said rights shall be
protected by a specially authorized agency of the Russian Federation.
PROTECTION OF COPYRIGHTS AND NEIGHBOURING RIGHTS

 Violations of Copyrights and Neighboring Rights. Counterfeit Copies of a Work and Phonogram
 1. Violations of copyrights and neighboring rights envisaged by this Law shall assume civil, criminal or
administrative responsibility in keeping with the legislation of the Russian Federation.
 2. An individual or legal entity failing to observe the requirements of this Law shall be a violator of
copyright or neighboring rights.
 3. The copies of a work or phonogram, the production or distribution of which involves violation of
copyrights or neighboring rights, shall be counterfeit.
 4. Copies of works and phonogram protected in Russia pursuant to this Law, which are imported into
Russia without the consent of the holders of copyright and neighboring rights from a State in which such
works or phonograms have never been protected or ceased to be protected, shall also be counterfeit.
 Civil-law and Other Measures of Protection of Copyrights and
Neighboring Rights
 1. The holders of exclusive copyrights and neighboring rights may demand that the violator thereof:
1) recognize such rights;
2) restore such situation as existed before the violation and discontinue actions violating their rights or posing a threat
of such violation;
3) compensate the losses, including lost profit;
4) recover the profits received by the violator as a result of the violation of copyrights and neighboring rights instead
of compensating losses;
 2. In addition to the compensation of losses, recovery of profit or payment of a fixed amount of compensation, the
court of law or the court of arbitration shall penalize the violator of copyrights or neighboring rights by exacting a
fine equaling 10 per cent of the amount awarded by such court in favor of the plaintiff. The amount of fines shall
be directed in accordance with statutory procedure to the appropriate budgets.
 3. The holders of exclusive copyrights and neighboring rights may apply for protection of their rights in
accordance with the established procedure to a court of law, an arbitration tribunal, inquiry bodies, preliminary
investigation bodies in accordance with competence.
 4. The counterfeiting copies of works or phonograms shall be subject to compulsory confiscation by decision of
court or the sole judge, and also by arbitration court decision.
 Judicial Guarantees in Cases of Violation of Copyrights and
Neighboring Rights
 1. The court or the lone judge on his/her own, and also court of arbitration may decide
to prohibit the defendant or the person believed with sufficient grounds to be a violator
of copyrights or neighboring rights, from performing certain actions (production,
reproduction, sale, lease, import and other uses envisaged by this Law, and also
transportation, storage or possession with the aim of issuing into civilian circulation of
copies of works or phonograms assumed to be counterfeit).
 2. The court or judge on his/her own, and also court of arbitration may decide to seize
and confiscate all copies of works or phonograms believed to be counterfeit, and also
materials and equipment meant for their production and reproduction.
References

 https://
www.wto.org/english/thewto_e/acc_e/afg_e/WTACCAFG5A1_LEG_15.pdf
 https://www.wto.org/english/thewto_e/acc_e/rus_e/WTACCRUS48_LEG_94.pdf