Collective Management

Development of copyright and related rights in Kyrgyzstan has started since 1973 after opening of the Kyrgyz division in the Association of copyright of the USSR. Legislative regulation of copyright protection has been realized by norms of SU legislation, on this base republics created republican laws or resolutions of Council of Ministers.

In accordance with acting in this period legislation, authors of works had only non-property rights, i.e. right for the name, right for authorship, usage of works and other issues on cession of rights were under state regulation.

After independence acquisition the State Agency for Protection of Copyright and Related Rights under the Government of the KR became a legal successor of the Kyrgyz division in the Association of copyright of the USSR. In 1996 its functions were transferred to the State Agency of Intellectual Property under the Government of the KR (Kyrgyzpatent). At present time after approval of new Government structure it is the State Service of Intellectual Property and Innovation under the Government of the KR.

It is important to note that in accordance with the Law on Copyright and Related Rights as in legislations of other countries an author is authorized right to remuneration for every kind of his/her work use. Amount and order of remuneration calculation for every kind of a work use shall be fixed in the author’s agreement, as well as in agreements, concluded by organizations managing economic rights of authors on collective base.

Today in the KR the functions of organization managing authors’ rights on the collective base accordingly to the Law on Copyright and Related Rights until creation of the public organization are given to Kyrgyzpatent on the base of concluded agreements with right holders on transmission of rights for management their economic rights.

Matters concerning collective management of economic rights of authors and right holders are executed by the Division for Inspection and the Section of Copyright SMs, which are structural divisions of Kyrgyzpatent. The main task of the Division consists in collection and distribution of author’s remuneration. Collected remunerations are used exclusively for distribution and payment to authors and right holders.

The main functions of these divisions are: conclusion of license agreements on right to use of copyright and related rights SMs; coordination of remuneration amount; collection and distribution of remuneration etc.

At present time Kyrgyzpatent has agreements on transmission of rights for management of economic rights with more than 500 authors and right holders.

License agreements on right to use copyright and related rights subjects concluded by Kyrgyzpatent with users, are granted on behalf of all owners of copyright, including owners who did not transfer their rights. At that it would be noted that use of a work without such license agreement is considered as infringement of legislation in the field of copyright and related rights.

Nowadays Kyrgyzpatent has concluded agreements and receives remunerations from such users as theaters, broadcasting organizations, organizers of concert and entertainment events, public catering establishments (cafes, bars, restaurants) etc.

In 2004 by initiative of Kyrgyzpatent  the general Council of Authors and Related Rights holders was gathered for the first time with presentation of approximately 300 authors, performers and tight holders of the country. This Council approved a decision to establish working Presidiums of the Council of Authors and Council of Related Rights Holders under Kyrgyzpatent. By open voting of the general Council members leadership was elected including members of Presidiums of Councils under direction of Kyrgyzpatent head. Outstanding authors, composers, performers, representatives of broadcasting organizations and phonograms producers were included into the Presidiums. It was decided that the Presidium will gather not seldom once a year to listen reports of Kyrgyzpatent in the sphere of copyright, related rights and collective management. Nowadays these Presidiums work successfully. In process of their activity a several normative legal acts were considered. In addition the Council annually proposes the nominees for the WIPO Gold Medals for creative achievements. In the period from 2004 a lot of outstanding creative workers were awarded the WIPO Gold Medals.