How to register copyright?

Введение

Copyright is one of the most widespread types of intellectual property, which applies to works of science, literature and art. Copyright objects must be the result of creative work and exist in some objective form (written, oral, in the form of sound or video recordings, images, three-dimensional or other other form).

In turn, the author of a work of science, literature or art is recognized as an individual whose creative work it was created by.

Copyright includes the personal non-property and proprietary rights of the author.

Property rights are valid throughout the author's life and 70 years after his death.

At the same time, personal non-property rights belong to the author, are not alienated, and regardless of his property rights, they are reserved for him in case of transfer of exclusive rights.

To notify about his exclusive right to a work, the author or copyright holder has the right to use the copyright protection mark, which is placed on each copy of the work and consists of the following elements:

  • - Latin letter "C" in a circle;
  • - the name or title of the copyright holder;
  • - the year of the first publication of the work.

According to the legislation and international norms, registration of the work, other special design of the work or compliance with any formalities are not required for the creation and exercise of copyright.

Thus, copyright does not need additional fixation, since the right to a work arises at the time of its creation.

However, it should be noted that at any time during the term of copyright protection, the author has the right to enter information into the State Register of Rights to Objects protected by Copyright. This procedure is of an accounting nature and is not a mandatory procedure and is carried out voluntarily.

In this article, we will consider how to register a copyright.

What is provided as a counterpart of the work?

The application may be accompanied and attached by the sketches, drawings, drawings or photographs, and with regard to the computer software programs or databases - an abstract including the name of the software program or database, last name, first name, patronymic (if it is indicated in the identity card) of the author, date of creation, scope of application, assignment, functionality, source code (source text), main technical characteristics, programming language, type of computer for running as a counterpart of the work.

With regard to the works of religious content, a copy of the positive religious expertise conclusion shall be additionally submitted.

With regard to the composite or derivative work, a copy of the author's agreement concluded with the author or copyright holder of the original work shall be additionally submitted.

Contact details:

For additional questions, the service recipients can contact the RSE "NIIP" Call Center at: 8 (7172) 62-15-15, 8 (7172) 62-15-16, 8 (7172) 62-15-91, and on the official website at: qazpatent.kz.

What is the difference between non-property right and property right?

Initially, the author has:

  • non-property right is the right of authorship, the right for the name, the right to deliver the work in public, the right for inviolability of the work.Personal non-property rights are inalienable.
  • property (exclusive) rights (the right to reproduce, distribute, import, public display, public performance, broadcast, communication, translation and processing, etc.) that belong to the author or another copyright holder and are transferred under copyright agreements or by inheritance.

Property (exclusive) rights are valid throughout the life of the author and 70 years after his death.

Unlike property rights, non-property rights are inalienable and are protected indefinitely.

What are the types of copyright objects?

The copyright objects are the following:

  • literary works;
  • dramatic and musical-dramatic works;
  • scripted works;
  • works of choreography and pantomime;
  • musical works with or without text;
  • audiovisual works;
  • works of painting, sculpture, graphics and other works of fine art;
  • works of applied art;
  • works of architecture, urban planning, design and gardening art;
  • photographic works and works obtained by methods analogous to photography;
  • maps, plans, sketches, illustrations and three-dimensional works relating to geography, topography and other sciences;
  • computer programs;
  • other works.

They are not protected by copyright:

  • official documents (laws, court decisions, other texts of legislative, administrative, judicial and diplomatic nature), as well as their official translations;
  • state symbols and signs (flags, coats of arms, orders, banknotes and other state symbols and signs);
  • works of folk art;
  • messages about events and facts of an informational nature.

Also, copyright does not extend to ideas, concepts, principles, methods, systems, processes, discoveries, facts.

Registration of rights to the work.

The state service for entering information into the Register is provided by the RSE "National Institute of Intellectual Property"  of the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan.

This service is automated and is carried out during the 1st business day. Technical errors that do not change the ownership, nature or content of the entered information may be corrected in the Register within one working day from the date of receipt of the author's application. A copy of the work and a copy of the document confirming payment for this service and, if necessary, a copy of the document confirming the grounds for reducing the amount of payment are attached to the application for entering information into the Register.

The application is submitted through the gov.kz or personal account on the website www.qazpatent.kz using EDS.

It should be noted that the Register contains information only about the personal non-property rights of the author (the right of authorship, the right to a name, the right to protect the reputation of the author, the right to make public).

The cost of the service is 3 MCI (as of 2026 - 12,975 tenge).

At the same time, the Law provides for benefits when paying for a service (in the amount of 95% of the price for the service, which this year amounts to 589 tenge), subject to the submission of supporting documents on belonging to the following persons:

1) participants of the Great Patriotic War and persons equated to them;

2) persons with disabilities, as well as one of the parents of a disabled person since childhood;

3) kandasam;

4) minors.

Based on the results of the actions performed, the service recipient will be able to see a window with an incoming number and a barcode. The received certificates can be viewed in the author's personal account, as well as on the website of RSE "NIIS" in the Registry link https://copyright .kazpatent.kz/.