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Comparison
of Copyright Laws in Eastern-Central Europe and Central Asia
From the Book Publishing Perspective
Within these copyright laws the following issues
were identified and singled out:
- The definition of book
publishing
- The personal rights of authors
- Economic rights
- The transfer of economic
rights
- The period of protection
- Contract requirements
- Publisher's obligations
- Use of the copyright mark
1. Definition of book
publishing
Generally, book publishing is defined as the
use of an author's work which involves its production and copying through
any technical method, as well as its marketing and distribution. Not all
copyright laws contain a definition of book publishing and it seems that
the differences between these definitions, or their absence do not reflect
legislative philosophy, nor do they have practical consequences in implementation.
Examples of definitions of book publishing:
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Armenia
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A work shall be considered published
when such access is opened for the first time by the author or with
his consent by the publication, public performance, public display
of a work, or release of a work to the public in another manner.
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Latvia
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Publication means that copies of a
work have become available to the public with the consent of the
author on the condition that the number of copies must satisfy the
reasonable demand of the public taking into account the nature of
a work.
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Lithuania
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Public publishing – public wire transfer,
the transfer of images and (or) sounds of a work or an object of
neighbouring rights or an expression of such images and (or) sounds
by wireless means, including making these objects publicly available
in such way that members of society are able to reach them in an
individually selected place and time.
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Poland
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A published work is a work that has
been reproduced as a copy with its creator's permission and which
copies are made publicly available.
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Slovenia
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Disclosure, for the purposes this
Act, means making available to the public with the consent of the
holder of the rights of a copyright work or the subject matter of
neighbouring rights.
Publication, for the purposes of this
Act, means offering to the public or putting into circulation of
a sufficient number of already-produced copies of a copyright work,
or subject matter of neighbouring rights with the consent of the
holder of rights,
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Ukraine
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Publication means the release into
circulation, with the consent of the author or other person possessing
the copyright or allied rights, of copies of a work or a phonogram
in a quantity that satisfies the reasonable needs of the public
by way of sale, lease or public hiring, or in any other way transferring
the right of ownership or the right to possess a copy of a work
or phonogram.
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2. Personal
Rights
The only apparent difference is in classification,
i.e. in some cases one type of right includes elements which in other
cases are broken down into separate rights.
The following three forms of authors' personal
rights deserve attention:
- Establishment of the author’s connection
to a work (right of authorship, right to designate one’s work with one’s
name or pseudonym).
- The author’s command over a work (right to
use a work, right of publication, etc.)
- The right to keep the properties of a work
(right to integrity, right of inviolability of a work, etc.)
The law extracts below serve as examples for
different classification only, none of these show any basic divergence
from the generally accepted usage.
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Armenia
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The right to be recognised as the author
of a work (the right of authorship);
the right to use or print the use of a work
under his own name, under a pseudonym, or anonymously (the right
to the author's name);
the right to the integrity of a work
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Georgia
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a) The right of authorship;
b) The right of title;
c) The right of publication;
d) The right to allow other persons to make
changes both in a work and its title and author's name as well as
to restrict the making of changes in a work without consent;
e) The right to restrict corruption of or
any such changes of a work that might compromise the author's dignity
or business reputation;
f) The right to permit the attachment of
a work with the works of other authors (illustration, introduction,
concluding remarks, comments, explanation, etc.);
g) The right to make alterations and supplements
to the published works;
h) The right to claim termination of the
use of a work (the right to recall a work). In such an event the
author shall announce the recall of a work publicly.
i) The right of recall of a work is not applied
in connection with official works.
Exercising an Author's Personal Non-property
Rights:
The right stipulated by items 'g' and 'h'
of the first paragraph of the article is exercised at the author's
expense. The author is entitled to remove from circulation the copies
of a work prepared at their own expense for distribution at their
own expense.
Personal rights belong to the author independent
of his property rights and are preserved in the event of the assignment
of those rights.
After the author's death, personal rights
are exercised in accordance with the procedure established by law.
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Hungary
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Disclosure of a Work
The author shall decide whether his work
may be disclosed.
Before the disclosure of a work, any information
on the substance of its contents may be provided for the public
only subject to the author's consent.
Unless otherwise provided, the conclusion
of the licensing agreement shall imply the author's consent to the
user providing information on the contents of a work for the public
in a manner complying with the purpose of its use.
As regards a work becoming known after the
author's death, it shall be presumed – failing other declaration
by the author or his legal successor, or the introduction of evidence
proving the contrary – that the author intended his work to be disclosed
to the public.
Referring to a sound reason, the author may
withdraw authorisation to disclose a work or may prohibit the continued
use of work which has already been disclosed; however, he is obliged
to repair any damage occurring until the time of such declaration.
This shall not prejudice the employer's right to exploit a work
and shall not prevent, in the case of the assignment of the economic
rights, the acquirer of rights from uses based on the economic rights.
Indication of the Author's Name
The author shall have the right to have an
indication on his work or in the communication on his work, subject
to the scope and nature of the communication, referring
to him as the author; reference shall be made to the author in the
event of including part of his work in another work, and citing
or reviewing their work. The author may exercise the right to have
his name indicated subject to the nature of the use and in a manner
complying with it.
The name of the author of a work shall be
indicated on the alteration, adaptation or translation
which is based on the author's work.
The author shall be entitled to have his
work published without the indication of his name or under a pseudonym.
The author may require that his work, having been disclosed to the
public with the indication of his name shall, in the case of a new
authorised use, be further used without the indication of his name.
The author may require that their authorial
capacity shall not be called into question.
Protection of the Integrity of a work:
The distortion, mutilation or any other alteration
of a work of the author which prejudices the honour or reputation
of the author shall be taken to infringe his moral right.
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Lithuania
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1) The right to request recognition of the
right to authorship by clearly indicating the name of the author
on all copies of a work being published, as well as during public
performance of a work in whatever way (the right to authorship);
2) The right to request the indication of,
or abstention of indication of an author’s name or the indication
of an author’s pseudonym while using a work in any way (the right
to the author’s name)
3) The right to resist any distortion or
other modification of a work or the title of a work, as well as
any other attempt on the work, which may violate the author’s honour
or reputation (the right the inviolability of a work).
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Poland
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1. To claim authorship of
a work
2. To designate a work with
one's own name or pseudonym or make it available anonymously
3. The inviolability of the
content and form of a work and of proper usage of a work
4. To decide when to make
a work available to the public
5. To supervise the manner in which a work
is used
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Romania
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1. The right to decide if, when and how an
author's work will become public;
2. The right to pretend his recognition as
the author of that work;
3. The right to decide under which name a
work will be published;
4. The right to pretend the submission of
the integrity of a work and to oppose to any modification, and also
to any reach of a work, if it prejudices his honour and reputation
5. The right to abjure a work, compensating,
if it is necessary, the titular of the exploitation rights prejudiced
because of the exertion of abjuration;
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Ukraine
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1. To require recognition of authorship and
the mentioning of his/her name in connection with the use of a work
if it is practically possible;
2. To prohibit the mentioning of his/her
name if he/she as the author wishes to remain anonymous;
3. To assume a pseudonym (an invented name)
in connection with the use of a work;
4. To resist any distortion, misinterpretation
or other misrepresentation of a work as well as any other encroachments
on a work, which could damage the author’s honour and reputation;
5. To promulgate his/her
work.
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3. Economic rights
This covers those kinds of uses of a work which
are named in the laws and which entitle the author to payment. From the
point of view of book publishing the physical uses are relevant as well
as some of the non-physical ones like translation, adaptation, etc.
The remark made above on personal rights applies
for economic rights as well, the only difference is in classification.
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Armenia
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The use of a work is the reproduction and
distribution of a work and its sale by other modes, which include
in particular;
a) Public display (showing, exhibition) of
a work;
b) The translation or reworking of a work
for its later use
Reproduction is the repeated giving of objective
form to a work, even that which it had in the original (publishing
a work, etc.)
The distribution of a work is the sale, barter,
renting out, or other operations with copies of work, including
their import.
A work shall be considered used regardless
of whether it has been used with the purpose of acquiring profit
or its use was not directed at this.
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Georgia
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The sole right of use of a work means the
right to perform, allow or ban:
the reproduction of a work (right of reproduction);
distribution: sale, lease, etc. of original
work or of its copies by any means (right of distribution);
importing copies of one's work for distribution,
including those copies prepared with the consent of the author or
other person obtaining copyright (right of import);
translation of a work (right of translation);
rework, arrange or other kind of revision
of a work (right to rework);
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Hungary
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(1) The Right of Reproduction
It shall be the author's exclusive right
to reproduce his work and to grant authorisation therefor. Reproduction
shall be taken to mean:
a) The direct or indirect fixation of a work
in any manner on a tangible carrier, whether definitively or temporarily,
and
b) The making of one or several copies of
that fixation.
As reproduction of a work shall be rated
in particular the fixation of a work in a mechanical, cinematographic
or magnetic way and making copies of it by printing
(2) The Right of Distribution
The author shall have the exclusive right
to distribute his work and to authorise others therefor. The making
accessible to the public of the original copy or the reproduced
copies of a work through putting into circulation or offering them
up for circulation shall be taken to mean distribution.
The distribution shall in particular imply
the transfer of the title of ownership of the copy of a work and
the rental of the copy of a work as well as the importation into
the country of the copy of a work with the purpose of putting it
into circulation.
If the copy of a work has been put into circulation
domestically by the rights holder or by another person expressly
authorised therefor by the rights holder through sale or the transfer
of title of ownership in any other manner, the right of distribution
shall later be exhausted with regard to the copy of a work thus
put into circulation, however, this shall be without prejudice to
the right of rental, loan and importation.
(3) The Right of Alteration
The author shall have the exclusive right
to alter his work or to authorise another person therefor. The translation
of a work, its dramatic or musical adaptation, its adaptation for
a cinematographic production, the adaptation of the cinematographic
creation, and any other alteration of a work as a result of which
another work is derived from the original one shall be taken to
mean alteration.
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Lithuania
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1) To reproduce a work in any form and way;
2) To publish a work;
3) To translate a work;
4) To adapt, arrange, dramatise or otherwise
rework a work;
5) To disseminate the original or copies
of a work by selling, renting, supplying for non reimbursable use
or otherwise transferring the ownership or management;
6) To import the original or copies of a
work;
7) To demonstrate publicly the original or
copies of a work;
8) To publish publicly a work.
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Poland
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1) Fixation
2) Reproduction by a specific technique
3) Introduction into circulation
4) Display
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Romania
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1) The integral or partial copy of a work;
2) The dissemination of a work (distribution
to the public of the original or of the copies of a work, by sale,
rent, loan or by (any) other mode of transmission)
3) The importation, for marketing on Romanian
territory, of the copies made with the agreement of the author;
4) The scenographical representation, the
recitation, or other public mode of direct performance or presentation
of a work;
5) The issuance of a work through any mode
which serves without a purl to the propagation of the signs, sounds
or images, including via satellite;
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Ukraine
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1) Reproduction of works;
2) Public performance and public announcement
of works;
3) Public display;
4) Any repeated public announcement on the
air or by wire of already announced works if this is done by another
organisation;
5) The translation of works;
6) Renditions, adaptations, arrangements
and other similar alterations of works;
7) Promulgation of works by selling or another
alienation, or by means of leasing, hiring or other transference
prior to the first sale of copies of a work;
8) Leasing after the first sale or another
alienation of copies of audio-visual works, musical works in the
note form, as well as works recorded on a phonogram or in a form
readable by a machine;
9) The import of copies of works.
This list is not exhaustive.
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4. Transfer of economic
rights
By definition, personal rights cannot be transferred.
Hungarian law forbids the transfer of economic rights, too, although of
course allows its sale under specific conditions: this differentiation
is significant from the point of legal philosophy only.
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Armenia
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Property rights belonging to the holder
of exclusive rights to an object of intellectual property, unless
otherwise provided by the present Code or other statute, may be
transferred by their rights holder in full or in part to another
person by contract.
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Azerbaijan
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Property rights may be transferred
by copyrights.
Transfer of property rights may be carried
out on the basis of an author's contract.
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Georgia
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The author or another possessor of the copyright
may assign their property rights to other persons.
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Hungary
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Subject to the exceptions in the Act, the
economic rights may not be transferred.
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Lithuania
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Personal copyrights shall not be transferred
to other persons. Economic copyrights may be transferred
by agreement, inheritance or other order provided by law. Moral
copyrights are not transferred to other persons.
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Poland
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Personal copyright is not subject
to waiver or transfer.
Economic rights may be transferred
to other persons by contract or inheritance.
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Romania
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Moral rights cannot be the object
of abjuration or alienation.
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Ukraine
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Property rights may be transferred
(assigned) by the author or another person that has copyright. The
author or another person that has copyright (licensor) may issue
a license to another person (licensee) for using a work in accordance
with such a license. The transfer (assignment) of copyright and
issuing of a license are certified by the copyright agreement.
The author's private (non-property)
rights may not be assigned to other persons.
Along with the possibility of transferring
property rights, the author has an exclusive right to give another
person permission to use a work by one or all known means on the
basis of a non-exclusive or exclusive license.
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5. Period of Protection
Recent laws reflect the 70 years prevalent in
the EU.
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Armenia
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50 years
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Azerbaijan
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50 years
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Bosnia
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50 years
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Bulgaria
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50 years
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| Croatia |
70 years |
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Georgia
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50 years
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Hungary
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70 years
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Latvia
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50 years
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Lithuania
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70 years
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Moldavia
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50 years
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Poland
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70 years
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Romania
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70 years
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Tajikistan
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50 years
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Ukraine
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50 years
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Yugoslavia
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50 years
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6. Prescriptions for
contracts
The international agreements do not refer to
the rules of the author's contracts or copyright contracts directly, nor
the harmonisation of the law within the framework of the EU.
Usually the utilisation of the author's works
is regulated with special contracts, within the framework of which the
author makes his work available and gives authorisation to the presentation
of a work.
The obvious constituents of author's or copyright
contracts - identification of a work, specification of the mode of the
utilisation and the permission for utilisation - are similar for the most
part in the examined countries.
The publishing contract (P, or author's contract
or copyright contract, A/C) shall contain:
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Armenia
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(A/C) The modes of use of a work;
the time period for which the right to use
a work is transferred;
the amount of remuneration and (or) the procedure
for determining the amount of remuneration;
In the absence of a condition on the territory
within the boundaries of which the right to use a work is effective,
the effect of the right transferred by the contract is limited to
the territory of the Republic of Armenia.
If in an author's contract for publication
or other reproduction of a work, remuneration is determined in the
form of a fixed sum, then such a contract must establish the maximum
number of copies to be made of a work.
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Azerbaijan
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(A/C) Manners (ways) of using a work; the
period and the territory on which the right is transferred; size
of fee and (or) procedure of determining size of fee for each type
of use of a work, the procedure and the date of payment;
In case of absence in author's contract conditions
about the period, in which right is granted, the contract may be
cancelled by the author after 5 years from the date of its signing
has elapsed, furthermore, the user must be notified of this in a
written form six months before the cancellation of contract.
In the case of absence in an author's contract
of a condition concerning the territory, action, stipulated in the
contract, is limited to the territory of the Azerbaijan Republic.
The author's fee is determined in the author's
contract in the form of percentage from income for respective manner
of use of work or in form of sum fixed in the contract or in another
way.
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Bulgaria
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(P) The publisher has been granted rights
for one printing only;
The publisher has been granted the right
to publish a work in a circulation of no less than three thousand
copies, and not exceeding ten thousand copies;
Compensation to the amount of 15% of the
retail price of each sold copy of a work shall be due to the author;
The number of copies which the publisher
may provide to the author free of charge may not be less than 5
for each printing;
The publisher shall publish a work in the
language in which he has received it;
The publisher may distribute a work only
on the territory of their country of nationality or the one in which
his seat is situated if they are legal persons.
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| Croatia |
(P) Publisher's
contract contains especially: volume and duration of copyright exploitation
by which the author authorizes the publisher; deadline within which
the publisher is bound to publish the work; and the fee. |
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Georgia
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(A/C) The exact description of work to be
used (amount, genre, title), concrete means of use of a work, the
term and territory within which assignment is effective; the amount
of royalty or/and the rule of determination of the amount of royalty
for any means of use of a work, rule and term of payment.
The right to use a work by those means which
are not directly determined by the contract belong to the author.
If the contract does not provide the term
of assignment the contract may be terminated by the author after
three years have elapsed from the time of its making. The beneficiary
shall be notified of this in writing six months prior to the termination
of the contract.
If the authors contract does not stipulate
the territory of assignment the validity of the right assigned under
the contract is limited to the territory of Georgia.
If royalty for edition or another reproducing
of a work is determined in the author's contract as a fixed amount,
the contract shall fix the maximum copies of a work as well.
The rights assigned under the author's contract
may be totally or partially be transferred to other persons if directly
provided in the contract.
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Hungary
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(A/C) The parties may freely agree on the
contents of the licensing agreement; by mutual consent they may
waive the observance of the provisions relating to the licensing
agreement if this is not prohibited by this Act or other provision
of law.
If the contents of the licensing agreement
cannot be interpreted unambiguously, the interpretation most favourable
for the author shall be accepted.
Unless otherwise provided by statute or contract,
the authorization of use shall cover the territory of the Republic
of Hungary and its term shall be in compliance with the period customary
in contracts concluded on the use of works similar to the subject-matter
of the contract.
If the contract does not provide for the
manners of use which the authorization is intended to apply to or
does not provide for the authorized extent of use, the authorization
shall be limited to the manner and extent of use indispensably necessary
for the implementation of the objectives of the contract.
Unless otherwise provided by this Act, the
licensing agreement shall be drawn up in a written form.
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Lithuania
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(A/C) The title of a work (titles of works
by foreign authors are also provided in the original language);
Economic copyrights transferred or granted
(ways of usage of a work), type of licence (exclusive or non-exclusive
licence);
Territory of validity;
Term of validity;
The amount of the author’s remuneration,
the order and terms of payment thereof;
The order of dispute resolution and responsibility
of parties;
Other provisions of the agreement regarded
by parties as material.
In the event that the contract does not provide
for the term that the economic rights are transferred for or the
licence is granted for, each party of the contract is entitled to
terminate the contract upon a written notice to the other party
provided one year prior to termination.
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Moldavia
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(A/C) The concrete rights granted under this
contract;
The duration and the territory on which the
rights are granted; the remuneration and/or the mode of its calculation
for every proceeding of use of a work;
If no duration is specified in the author's
contract, the contract shall be held to run for three years from
the date of signature for contracts for the use of adapted and translated
works.
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| Poland |
The contract of
the copyright cession should be in writing under the rigor of invalidity.
Parts of the contract which concern all works, or all works of a certain
kind, of the same creator, which are to be created in the future,
are invalid. |
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Romania
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a) The period of the cession;
b) The exclusive or nonexclusive nature and
the area of the cession;
c) The minimal and maximum number of copies;
d) The payment of the author, established
by the present law;
e) The number of copies reserved for the
author with a free title;
f) The term of apparition and of the dissemination
of the copies of each edition or circulation;
g) The term of the deposition of the original
by the author;
h) The control procedure of the number of
copies produced by the publisher;
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Tajikistan
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(A/C) The rights transferred under the contract;
The duration and territory to which the rights
extend;
The amount of revenue and (or) the means
of its determining for each use of a work;
The way and terms of its payment.
In the event that there is no term of the
duration for the transference of rights the contract may be terminated
by an author following 5 years from the date
of its conclusion by notifying the user six months in advance.
The effect of the contract shall be limited
to the territory of Tajikistan if no term on a territory is mentioned.
The fee shall be determined as an interest
on income (a contract must stipulate the maximum number of copies
of the product when the contract is for a fixed sum).
The minimum rate of author's fee shall be
determined by the Government RT and subject to the price index along
with the MMW.
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Ukraine
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The copyright agreement is deemed to be concluded
if a concord between the parties is reached in respect of all important
provisions of the agreement, i.e. method of use, the size and procedure
of the payment of a fee, the period of validity of the agreement
and use of a work, etc.
If during a period specified in the agreement
a work has not been used, the author is entitled to claim compensation
for damages.
Any provisions of the agreement that limit
the author's right to create in the future other works on this theme
or in this field are invalid.
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Yugoslavia
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(P) By means of publishing agreement the
author or other holder of copyright grants or transfers to the publisher
the right of multiplication of a work by printing and the right
of distribution of copies, and the publisher accepts the obligation
to multiply a work and to put the copies in circulation, as well
as to pay fees to the author or other holder of copyright.
If a work has not been disclosed to the public
yet, the agreement contains permission for public disclosure of
a work.
A publisher who has acquired the right to
publish a work in form of a book has for three years of the day
of agreement a priority in acquiring the right of multiplication
and putting into circulation the copies of a work in electronic
form.
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7. Publisher's obligations
The following need not be included in the contract
because are valid obligations for the publisher by force of the law.
| Bulgaria |
(P) The publisher has been granted rights
for one printing only;
The publisher has been granted the right to publish the work in a
circulation of no less than three thousand copies, and not exceeding
ten thousand copies;
Compensation to the amount of 15% of the retail price of each sold
copy of the work shall be due to the author;
The number of copies which the publisher may provide to the author
free of charge may not be less than 5 for each printing;
The publisher shall publish the work in the language in which he has
received it;
The publisher may distribute the work only on the territory of his
country of nationality or the one in which his seat is situated if
he is a legal person. |
| Croatia |
(P) By way of publisher's contract, the author
gives the authorization to the publisher to publish the author's work
by publishing it or copying it. The publisher is bound to publish
the work; to put the name and surname of the author, which shall be
highly marked on each copy, unless the author wants the work to be
anonymous or marked by his/her pen-name; to pay a fee to the author
if the work is exploited for a compensation; to take care of successful
distribution of the copies; and occasionally inform the author, at
his request, about the distribution of the copies. |
| Hungary |
(P) Under a publishing agreement, the author
shall be obliged to make his work available to the publisher, and
the publisher shall be entitled to publish it and put it into circulation,
and shall be obliged to pay remuneration to the author.
The right of publishing shall - in case of any doubt - relate to the
publication of the work in Hungarian. The right of publishing exercised
under the contract shall be exclusive, except in the case of works
made for collections as well as dailies and periodicals.
The inclusion of pictures in the publication of literary works shall
be subject to the author's consent. In case the author has consented
to the inclusion of pictures (illustrations) in the publication of
his work, he may refuse his consent to the use of specific pictures
only with reference to higly reasonable grounds. |
| Poland |
In case of seriously unjust disproportion
between the remuneration of the author and the benefits of the copyright
purchaser, the creator can demand due increase of the remuneration
by the court. The author can claim from the person, that infringed
his economic rights, forbearance of such infringement, the submission
of the gained profits or pay the double, and in case of intentional
infringement, triple amount of the appropriate remuneration in the
moment of its claiming; the author can claim compensation for the
damage as well, if the accused person was guilty of the infringement.
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| Yugoslavia |
(P) By means of publishing agreement the
author or other holder of copyright grants or transfers to the publisher
the right of multiplication of the work by printing and the right
of distribution of copies, and the publisher accepts the obligation
to multiply the work and to put the copies in circulation, as well
as to pay fee to the author or other holder of copyright. If the work
has not been disclosed to the public yet, the agreement contains permission
for public disclosure of the work. Publisher who has acquired the
right to publish a work in form of a book has for three years of the
day of agreement a priority in acquiring the right of multiplication
and putting into circulation the copies of the work in electronic
form. |
8. The use of the copyright
mark
5 out of 18 countries make mention of the use
of the copyright mark. Their wording proves that the use of this symbol
has an indicative function only. Its absence does not entail the loss
of any right.
|
Armenia
|
The holder of an exclusive copyright may
use the symbol of protection of copyright which shall be
placed on each copy of a work and consists of three elements:
the Roman letter "C" in a circle: ©
the name (or designation) of the holder
the year of first publication of a work.
|
|
Georgia
|
The person enjoying copyright may use the
copyright protection mark to be put on each copy of a work
and composed of three elements:
Roman letter "C" in a circle: ©
Name (title) of a person enjoying sole copyright;
Year of the first edition of a work.
|
|
Lithuania
|
The holder of copyright is entitled to inform
the public of his rights by using the copyright protection mark,
which consists of three elements: the letter C in a circle or in
round brackets, the name (title) of the author or other holder of
copyright and the year of first publication of a work.
|
|
Slovenia
|
The holders of exclusive author’s rights
under this Act shall have the right to place a notice on the original
of copies of their works, consisting of the symbol © accompanied
by their name or corporate name and the year of first publication.
|
|
Ukraine
|
To give notice of copyright, the copyright
holder can use the copyright protection symbol ©, placed
on each copy of a work and consisting of an encircled Roman letter
C, the name of the copyright holder and the year of the first publication
of a work.
|
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