Entertainment Law at Kazakhstan
Entertainment law in Kazakhstan is governed by a combination of national regulations, international treaties, and local practices that shape the creative industries, including music, film, television, theater, and digital content. As Kazakhstan continues to develop its entertainment and media sectors, its legal framework is evolving to accommodate both the protection of intellectual property and the regulation of entertainment practices in a modern, digital economy.
Here’s an overview of the key components of entertainment law in Kazakhstan:
1. Intellectual Property (IP) Laws
Intellectual property protection is central to the entertainment industry in Kazakhstan. The country has made significant efforts to harmonize its IP laws with international standards, particularly through its membership in the World Trade Organization (WTO) and adherence to various WIPO treaties.
Copyright Law: Kazakhstan’s Copyright Law (Law No. 16 of 1996, with subsequent amendments) governs the protection of creative works such as music, films, literature, and software. It provides creators with exclusive rights to their works, including:
Music
Films and audiovisual works
Literary and artistic works
Software and databases
Duration of Copyright: Copyright protection generally lasts for the lifetime of the author plus 50 years after their death. For works created by legal entities (such as films or corporate music productions), protection lasts 50 years from the first publication.
Moral Rights: Kazakhstan’s copyright law recognizes the moral rights of creators, which protect the personal connection between the creator and their work, including the right to attribution and the right to object to derogatory treatment of their work.
Registration: Copyright is granted automatically upon the creation of a work. However, registration with the National Institute of Intellectual Property (NIIP) in Kazakhstan is encouraged for legal certainty in disputes.
Trademarks and Patents:
Trademark Law: Kazakhstan’s trademark law, governed by the Law on Trademarks, Service Marks, and Appellations of Origin (No. 505 of 2003), allows creators and businesses in the entertainment sector to protect brand names, logos, and products. This includes names of music albums, movies, and event brands.
Patent Law: Although patents are more commonly associated with technology, entertainment-related inventions such as film production equipment, special effects technologies, and sound equipment can be protected under patent law in Kazakhstan.
2. Music and Performance Rights
Music Licensing and Royalties: In Kazakhstan, music creators are generally represented by Kazakhstan’s Society for the Collective Management of Copyright and Related Rights (Kazakhstan Authors’ Society, or KAZAKH COPYRIGHT). This organization is responsible for the collection of royalties for public performances, radio and television broadcasts, and digital streaming.
Public Performance Rights: Public venues, broadcasters, and streaming platforms must obtain licenses from KAZAKH COPYRIGHT to play music or broadcast copyrighted material, ensuring that the original creators receive royalties.
Live Performance Rights: Live performances of music, including concerts, festivals, and other events, require the organizers to obtain the appropriate licenses from music rights management organizations. This ensures that performers and composers are compensated for their work.
Digital Distribution and Streaming: The rise of digital platforms like YouTube, Spotify, and Apple Music has had a significant impact on the music industry in Kazakhstan. These platforms are required to secure appropriate licensing agreements with copyright holders (via KAZAKH COPYRIGHT) to distribute music legally.
3. Film and Television
Film and Media Production: Kazakhstan’s Law on Cinematography (No. 319 of 2006) regulates the film industry, offering support for local film production and providing tax incentives for filmmakers. The law also addresses the classification, distribution, and exhibition of films in Kazakhstan.
Film Production Incentives: Kazakhstan provides incentives for the production of films, including state grants and funding for local filmmakers. The Kazakh Film studio and other regional production companies play a central role in the local film industry.
Film Censorship: The Ministry of Culture and Sports of Kazakhstan regulates film content through the Film Censorship Board, which evaluates films for their suitability for public exhibition. Films that may be deemed offensive or harmful to public morals can be censored or restricted from public screening.
Television Broadcasting: The National Television and Radio Company of Kazakhstan (Khabar Agency) is a key player in the country's broadcasting landscape. The broadcasting industry is regulated by the Committee for Communications, Information, and Information Technology under the Ministry of Digital Development, Innovation, and Aerospace Industry of Kazakhstan.
Broadcasting Regulations: TV and radio broadcasters must comply with content regulations that protect against harmful or inappropriate content, including restrictions on violence, nudity, and political speech.
Advertising Regulations: Kazakhstan has strict laws governing television advertising, including bans on certain types of ads (e.g., alcohol and tobacco) and regulations on the placement of commercials during television shows.
4. Entertainment Contracts and Licensing
Entertainment Contracts: Contracts play a crucial role in the entertainment industry in Kazakhstan. These contracts typically govern relationships between creators (e.g., musicians, filmmakers, performers) and producers, distributors, and managers. Key elements of these contracts include:
Royalties and Compensation: The distribution of revenue from sales, performances, and licensing.
Exclusivity and Territorial Rights: Clauses specifying the geographical area in which the creator’s work can be used, and whether the artist is bound by exclusive contracts with a producer or distributor.
Licensing and Distribution: Agreements for the licensing of music, films, or television shows to third-party distributors, including streaming platforms and television networks.
Talent and Performance Agreements: Contracts with performers (musicians, actors, dancers) are critical to the entertainment industry. These contracts outline the terms of engagement, compensation, and intellectual property rights. Like in other countries, talent contracts must comply with labor laws, ensuring fair compensation and protections for workers.
5. Live Events and Performances
Event Licensing: Organizers of live entertainment events, such as concerts, theater performances, and festivals, must secure the appropriate permits and licenses. These typically include public performance rights for any music or copyrighted material used, health and safety approvals, and venue permits.
Public Liability Insurance: Event organizers in Kazakhstan are often required to have public liability insurance to cover potential accidents or injuries that may occur during live performances.
Ticket Sales and Consumer Protection: Kazakhstan has laws governing the sale of tickets for entertainment events, including consumer protection rules regarding refunds, cancellations, and the transparency of ticket pricing.
6. Consumer Protection and Advertising Laws
Consumer Protection Law: Kazakhstan’s Consumer Protection Law (No. 107 of 2010) aims to protect consumers from unfair business practices, including misleading advertising and unsafe products. This includes ensuring that tickets for events and digital products (e.g., music, films) are sold with clear terms and that consumers can seek remedies in case of disputes.
Advertising Regulations: The Law on Advertising (No. 393 of 2003) regulates advertising in Kazakhstan, including entertainment-related advertising. It establishes guidelines to prevent misleading or deceptive advertising, and sets limits on advertising for certain products (e.g., alcohol, tobacco) and to minors.
7. Taxation in the Entertainment Industry
Income Tax: Entertainment professionals, such as musicians, actors, and producers, are subject to Kazakhstan’s tax laws. These laws govern income tax, which varies depending on the amount earned. Independent contractors and freelance workers in the entertainment sector must comply with tax reporting requirements.
Value Added Tax (VAT): Entertainment services in Kazakhstan, including ticket sales for events and streaming services, are subject to VAT, which is typically set at 12%. Producers and distributors must ensure they comply with VAT regulations when offering their products or services to consumers.
8. International Treaties and Agreements
Berne Convention: Kazakhstan is a member of the Berne Convention for the Protection of Literary and Artistic Works, ensuring that creative works produced in Kazakhstan are protected in other member countries.
World Intellectual Property Organization (WIPO): As a member of WIPO, Kazakhstan adheres to international treaties that promote the protection of intellectual property across borders.
Conclusion
Entertainment law in Kazakhstan is evolving as the country seeks to foster the growth of its entertainment industry while aligning with international standards. Key areas of entertainment law include intellectual property protection, particularly for music and film, contract law, media regulation, and live event licensing. While the entertainment industry in Kazakhstan continues to grow, understanding the local legal framework is crucial for creators, producers, distributors, and performers who wish to operate in the country. By balancing national interests with international obligations, Kazakhstan is creating an environment that supports both local creativity and global collaboration in the entertainment sector.
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