News and events

COPYRIGHT INFRINGEMENT - THE PATH TO THE ABYSS

The international conference was held in Chisinau (Moldova) on Collective management of copyright: European regulation, national legislation, and the digital environment on July 4-7, 2023. The core goal of the conference was the exchange of experience and the identification of priority areas in the field of copyright and related rights.

In the conference, representatives of CISAC, WIPO, АN “COPYRIGHT” (Moldova), ANFPI (Moldova), SCOC AB (Sweden), UACRR (Ukraine), GCA (Georgia), ARMAUTHOR (Armenia), KAZAK (Kazakhstan), ZAIKS (Poland), Heaven 11 (Ireland), OAZA + OOA-S (Czech Republic), UCMR-ADA (Romania) and SIIP (Uzbekistan) took participation.

Participants discussed a range of questions, such as the issues of harmonization and unification of the system of copyright protection, software solutions to support accurate collection and distribution of royalties, IT solutions in the digital age, the importance of monitoring programs, the development of general actions to implement the CISAC resolution on providing successful protection to prevent from undermining sovereignty and legitimacy of CISAC members.

Within the framework of the conference, the participants have identified the core issues in the field of copyright protection and related rights. The participants emphasized some CIS countries actively used illegal content on television and radio. Despite the existing legislation, representatives of the media sphere have a lack of interest to enter in licensing agreements with organizations for the collective management of authors rights (CMOs) and authors, and they try to circumvent the law On Copyright and Related Rights in any possible way. They use content without the permission of the authors, which causes moral and economic injury not only to the authors but also to the country and its reputation on the international stage. Also, both, users such as TV, radio, cafes, restaurants, shops, and specialists in the field (lawyers, judges, etc.) have a lack of understanding of issues related to copyright. In addition, participants highlighted the need to revise the legislation in the field of copyright protection and modernize it with the involvement of foreign specialists and practitioners.

Meeting with a representative of the U.S. Embassy

The Chamber for the Protection of Artists, Creators, and Performers held a meeting with William Langley, Environment, Science, Technology, and Health Officer of the U.S. Embassy in Tashkent. The objective of the meeting was to discuss the protection of copyright and related rights in Uzbekistan.

During the meeting, the Chairman of the Chamber, Bobokul Toshev, presented the Chamber's activities, core mission, problems, and prospects for copyright protection in Uzbekistan. Olesya Romashko, Head of the International Relations and Media Department, presented the achieving results in international cooperation and shared the organization's experience of working with users to fulfill obligations under the Berne Convention for the Protection of Literary and Artistic Works. Additionally, she spoke about the work on increasing awareness in the field of copyright and related rights among authors, specialists, and users.

The representative of the U.S. Embassy was interested in issues of copyright compliance in Uzbekistan, legislation in this area, and the possibilities of cooperation of the Chamber, both with local partners, represented by relevant ministries and departments, and with foreign ones.

As a result, the parties agreed to hold additional meetings on the main directions in copyright and related rights protection, which ranged from the educational to the legislative field. Sides proposed to continue the interaction for further fruitful cooperation.

Women and IP: Accelerating innovation and creativity

April 26 is International Intellectual Property Day. The theme for 2023 of the World Intellectual Property Organization (WIPO) is “Women and IP: Accelerating innovation and creativity”. The annual Intellectual Property Day is an opportunity to celebrate the importance of intellectual property rights as a catalyst for innovation and creativity. We often unnoticed this aspect, especially in relation to women.

Women play an important role in the field of intellectual property, and they often face barriers related to gender inequality. For example, it may be more difficult for women to access capital and resources to develop their ideas. Also, women may face discrimination in protecting their intellectual property.

Despite these challenges, women continue to be creative and contribute to the innovation economy. For example, research shows that companies where women are in high positions are more likely to develop innovative products. For example, STEMBoard, one of America's fastest growing companies, and LINGO, a computer technology in education company, are led by Aisha Bowe, who is also a rocket scientist. Hedy Lamarr was an actress and inventor also known as one of the first women to make a significant contribution to the field of intellectual property. She pioneered the technology and developed spectral division technology to help radio-controlled torpedoes find their target. This technology later became the basis for today’s WiFi and Bluetooth communication systems.

Moreover, women often develop innovative products and services that aim to solve social problems. They create products that improve people's lives and help the economic growth.

Bobokul Toshev, Chairman of the Chamber for Copyright Protection noted, women play an important role in the field of intellectual property and accelerate innovation and creativity. We must recognize and remove any barriers to gender inequality in order to ensure equal access to resources and opportunities for women in this area. In general, intellectual property must become even more inclusive to enable everyone, regardless of gender, race or social status, to contribute to the development of the economy and society. World Intellectual Property Day emphasizes the importance of protecting innovation and creative achievement.

Media Department of the Chamber for the Protection of Copyrights of Artists, Artists and Performers

THE EIGHTH LUMINARY OF THE EAST

It happened today, February 9, but only 582 years ago. А boy was born in the main center of Eastern culture, the city of Herat, he was destined to become the founder of Uzbek literature.

He had interesting and progressive literary views since his childhood. And when Alisher Navoi grew up, he made a significant contribution not only to Uzbek literature but also to the art and architecture of Central Asia. Today, the name of Alisher Navoi is on par with such famous writers and poets as Shakespeare, Dante, Homer, and Pushkin. J. Ekman, the Hungarian orientalist, underlined that Navoi was 'the Turkic-speaking ruler of verbal wealth' (Chagatai Literature, 1959), and the German writer Alfred Kurella named Navoi 'the eighth luminary of the East' (Zwischendurch. Verstreute Essays 1934-1940, 1960).

Alisher Navoi's works are kept in libraries and museums around the world, his legacy is studied by scientists, and thousands of books have been published about his life. And if he were born now, his poetry would be relevant and in demand.

According to the Law on Copyright and Related Rights, the works of Alisher Navoi fell into the public domain, as the copyright has expired. You can use them without a royalty fee; however, users must respect moral rights, such as the right to be recognized as the author. And this means that no one has the right to attribute authorship to him\her and publish the works of Alisher Navoi under his\her name. Although the works of Alisher Navoi have fallen into the public domain, Navoi’s collection of public domain works is protected by copyright. The Chamber for the Protection of Copyrights of Artists, Creators and Performers secures the moral rights as an authorized body in Uzbekistan.

Copyritght and Photography

Today, some mistakenly believe that if a non-professional took a photo using a camera phone or a regular camera, then this work was not protected by copyright.

How many people take photos of food or scenery and post them on their social media without realizing that these photos might be copyrighted?

You know, any photography that meets these three criteria is copyrighted:

- It must be the work of the author (original);

- It must be presented in any tangible form (digital, printed; not just an idea told to someone);

- It is not Work-for-Hire.

The original, published even on a personal page and without transferring copyright property rights to another person, is protected by copyright law. What does it mean?

No one has the right to use this photo, repost, or make changes without the author's permission, even if this photo is on the author's page and, according to others, doesn't have artistic value.

Anyone who wants to use this photo must ask permission from the author. The author has the right:

• to permit of using this work to clarify where and how he\she allows to use the photo; 
• to prohibit the use of this work. 

If the author gives a positive answer, then the financial question is necessarily stipulated: will it be paid or free?

If you didn't receive permission but decided to use the photo, then be prepared to pay. The author has the right to demand compensation, damages, and moral damage following Article 65 of the Law of the Republic of Uzbekistan "On Copyright and Related Rights," which states:

The author, owner of related rights, or another owner of exclusive rights has the right to demand from the violator:

• Recognition rights;

• Restoration of the situation, which existed before the violation of the right and the cessation of the acts violating the right or creating the threat of its violation;

• Compensation for losses in the amount of unreceived income, which the right holder would have received under normal conditions of civil circulation if his/her right was not violated. If the violator has received income as a result of the violation of copyright or related rights, the rightsholders shall have the right to demand compensation along with other losses of lost profits in the amount not less than these profits; 

• Payment of compensation in the amount of twenty to one thousand base reference value instead of damages paid regardless of the fact of infliction of losses, based on the nature of the violation and the degree of fault of the violator, taking into account the custom of business turnover;

• Take other measures stipulated by the Law related to the protection rights established by this Law.

Bukhara Workshop Focuses on Core Issues of Copyright Protection

A recent workshop on "Actual Issues of Copyright Protection" was held at the Bukhara specialized art school. It gathered together representatives of culture and copyright experts.

The workshop refers to the legislative system in Uzbekistan and its implementation in life. Bobokul Toshev, the Chairman of the Chamber for the Protection of Copyrights of Artists, Creators and Performers, Professor and key speaker said, “the law ‘On Copyright and Related Right’ has been in forced since 2006. Moreover, Uzbekistan has ratified 5 Conventions in the field of copyright and related rights.” He cited various laws in the field and emphasized that the President of the Republic of Uzbekistan adopted Agreement ‘About cooperation of the State Parties of the CIS on protection and protection of the rights to objects of copyright and the related rights in information and telecommunication networks’ (November 12, 2021) on October 3, 2022.

He pointed out the positive changes in the field. For example, the establishment of the Chamber for the Protection of Copyrights of Artists, Creators and Performers. The Chamber was established under Presidential Decree and it determined the Chamber as the organization managing intellectual property rights on a collective basis. The Chamber is an NGO designed to protect authors and right holders, to help to further the interests of its members in the field of copyright protection. The activities can range from protecting the economic and moral rights of authors, to hosting various educational events for the betterment of the members and increasing copyright visibility.

Despite the positive changes, Mr Toshev underlined the challenges that continued to hamper achievements. “We can observe several issues that infringe copyright. In particular, the absence of contractual relations between performers and authors or between users and authors, which leads to conflict situations.”

As B. Toshev noted: “It is important to establish cooperation between state bodies and non-governmental organizations in order to fulfill the international obligations of our republic to respect copyright and related rights, increase the international rating of our country in this area and improve its image.”

Sherali Juraev, Head of the Department for Protection of Intellectual Property Rights of the Department of Justice of the Bukhara Region, said “It is alarming that works and phonograms are used by concert halls, shopping centers, public catering establishments and other places without concluding an appropriate agreement with the copyright holders or the organization managing their property rights. A s a result of copyright infringement, authors and right holders do not receive their royalties and performance fees. This is the reason why right holders do not receive financial support, and the state budget does not receive the corresponding tax deductions.”

In a session on copyright protection focused on how to protect copyright, where to go and what to do if authors’ rights are violated, as well as how to prevent copyright and related rights infringement and how to confirm the existence of copyright.

Sh. Juraev said that The Department sets regular on-site inspections to identify copyright infringement, file a formal charge against a user that may lead to a civil court, a fine and/or payment to the injured party.

B. Toshev, Chairman of the Chamber emphasized that according to Article 1771 of the Code of the Republic of Uzbekistan on Administrative Responsibility, officials and individuals who use works without permission and a proper license agreement face a fine. And a legal entity may lose the equipment that was used to reproduce and distribute an author's work without a permission.