Copyrights Law in Tajikistan
Here’s a detailed overview of Copyright Law in Tajikistan:
Copyright Law in Tajikistan
1. Legal Framework
Tajikistan’s copyright law is primarily governed by the Law on Copyright and Related Rights, adopted in 1998 and amended several times since.
Tajikistan is a member of the Berne Convention for the Protection of Literary and Artistic Works (joined in 1993) and complies with international copyright standards, including the WIPO Copyright Treaty and the TRIPS Agreement (as part of the Eurasian Economic Community framework).
2. Protected Works
The law protects a wide range of original works, including:
Literary works (books, articles, computer programs)
Artistic works (paintings, drawings, sculptures, photographs)
Musical works (compositions and lyrics)
Dramatic and choreographic works
Cinematographic works and audiovisual works
Sound recordings
Broadcasts
Architectural works and industrial designs
Databases and collections of works
3. Rights Granted
Copyright holders in Tajikistan enjoy:
Economic rights: exclusive rights to reproduce, distribute, perform, display, broadcast, and adapt the work.
Moral rights: the right to claim authorship and to object to derogatory treatment of the work that harms the author’s reputation.
4. Duration of Protection
Copyright protection lasts for the life of the author plus 50 years after death.
For works of joint authorship, the term runs from the death of the last surviving author.
For anonymous or pseudonymous works, protection lasts 50 years from publication.
For related rights (performers, producers of sound recordings, broadcasting organizations), protection lasts 50 years from the date of performance, fixation, or broadcast.
5. Infringement and Enforcement
Tajik law prohibits unauthorized use of copyrighted works.
Remedies include civil claims for damages, injunctions, and confiscation of infringing copies.
Criminal liability can apply for large-scale or commercial infringements.
Customs authorities may also act to prevent the import/export of infringing goods.
6. Limitations and Exceptions
There are exceptions for:
Fair use for personal, educational, or scientific purposes.
Quotation for criticism or review.
Use by libraries and archives for preservation.
Use for public security or judicial proceedings.
7. International Treaties
Tajikistan is a party to:
Berne Convention (since 1993)
WIPO Copyright Treaty
TRIPS Agreement through its WTO commitments
Regional cooperation via the Eurasian Economic Community (EurAsEC) framework
Summary
Tajikistan’s copyright law protects a broad spectrum of works for the life of the author plus 50 years, recognizing both economic and moral rights. The law aligns with international standards through treaty commitments and includes enforcement mechanisms and exceptions typical of modern copyright regimes.
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