On copyright and related rights (statements of the Mejlis of Turkmenistan, 2012, no. 1, art. 8) this Act governs relations arising in connection with the creation and use of scientific, literary and artistic works (copyright), performances, phonograms and videograms, broadcasts of broadcasting organizations (related rights).
 
Section i. General provisions article 1. Basic concepts in this Act uses the following concepts: the author is a natural person whose creative work resulted created a work of science, literature and art;
audiovisual work-piece that consists of a series of interconnected images (with or without sound accompaniment) that give rise to the impression of movement, and that can be seen through the optic (and audible) perception. Audiovisual works include cinematographic and other works expressed by means comparable to cinematography (television, videotapes, filmstrips, etc.), regardless of their method of initial or subsequent fixation;
a database is a collection of information (articles, calculations, facts and other material) constituting the selection or arrangement of their contents constitute creative work (compilation), and structured so that these data can be found and processed by the computer;
videogramma-any record sequential images with sound accompaniment or without it, in addition to recording images included in the audiovisual work;
reproduction of a work or object of related rights is making one or more copies of a work or object of related rights or their parts by any means and in any material form, including permanent or temporary storage of a work or object of related rights in computer memory and other computer devices;
decompilation of computer programs-technical, including conversion of object code into the source text in order to study the structure and encoding of the computer program;
recording-fixation of sounds or of images or of the representations thereof, by technical means in any material form that permits them to be repeatedly perceived, reproduced or communicated;
the manufacturer of an audiovisual work is the natural person or legal entity that has taken the initiative and responsibility for the making of such a work; in the absence of proof to the contrary, audiovisual works recognized the person, name or title which marked on this product in the usual way;
the manufacturer of a phonogram is the natural or legal person who has taken the initiative and responsibility for the implementation of the first audio recording of a performance or other sounds, or the representations of sounds; in the absence of proof to the contrary, the manufacturer of the phonogram is recognized as a natural or legal person, the name or title of which the appropriately marked on the phonogram or in a case containing her;
manufacturer of videograms is the natural or legal person who has taken the initiative and responsibility for the implementation of the first record sequential images with sound accompaniment or without it; in the absence of proof to the contrary, the manufacturer of the Videogram recognizes the natural or legal person whose name appropriately marked on the videogram or the pouch containing her;
performance-presentation of works, phonograms and videograms, through games, recitation, singing, dancing in a live performance or using any technical means (television, radio, cable television and other technical means); displaying frames of an audiovisual work in their sequence (with sound accompaniment or without it);
artist-actor, singer, musician, dancer or any other person who plays the role, sings, reads, recites, plays a musical instrument or otherwise executes a literary or artistic work (including variety, circus or puppet room), or expressions of folklore, as well as performance Director and conductor;
a computer program is a set of instructions in the form of words, codes, schemes or other form, which, when expressed in a machine-readable form, causes the computer to achieve a specific goal or result; the computer program also includes preparatory materials obtained in the course of its development, and its audiovisual display;
publication of works-made with the consent of the author of the action, which first makes the work available to the public through its publication, public display, public performance, broadcast, or otherwise;
owner of copyright and/or related rights:-the author or performer in cases where property rights has the author or performer;
-a natural person other than the author or performer or a legal person in the cases where property rights originally endowed with such natural or legal person;
-natural or legal person who has been assigned property rights;

publication (in light)-issuance of copies of a work, phonogram, videogram, with the consent of the author or other holder of copyright and related rights in quantities sufficient to meet the reasonable needs of society by selling, renting, rental public rentals or other ways to transfer ownership or ownership of copies of works, phonograms, videograms; publication refers to the provision of access to the work, phonogram, videogram, through electronic systems; information broadcast-transmission of works, performances, phonograms, videograms, broadcasts of broadcasting organizations to the public by radio or television (except for cable television), including through satellites. When the transfer of works, performances, phonograms, videograms, broadcasts of broadcasting organizations broadcast via satellite under the broadcast refers to the reception of signals from the ground station to the satellite and transmission of signals from the satellite through which work, phonogram, videogramma, performance, transmission of broadcasting organizations could be relayed to the public, regardless of their reception by the public; transmission of encrypted signals is the broadcast where the means for decrypting are provided to the public by the broadcasting organization or with its consent;
the broadcasting or transmission-transmission, created the broadcasting or cable distribution organization, as well as on her request and at the expense of her assets-other organization;
provision of rent (leasing rentals)-providing the original or copies of works or objects protected by neighbouring rights for temporary use for commercial gain;
a piece of decorative art-work of art created by manual or industrial way and having the functions of practical use or on items of note behind practical use;
public performance-presentation of works, performances, phonograms, videograms, the transfer of broadcasting organizations by recitation, playing, singing, dancing or otherwise directly (live performance), and using any devices and processes, as well as showcasing images of an audiovisual work in their sequence (with the reproduction of the sounds accompanying it) at the place or places where there is a wide range of persons who are not members of the same family;
public communication (communication to the public)-transfer of works or objects protected by neighbouring rights in broadcast, cable, and their making available by any other means (except copies) to auditory and/or visual perception by the public, which are not in the message, regardless of whether the perceived actually works or objects of related rights that became available this way;
-any public display of the original or a demo instance of works, performances, videograms, broadcasts of broadcasting organizations either directly on the screen with the help of film, slides, television or by any other technical means, as well as showcasing the individual frames of an audiovisual work without respect for their sequence in a place open to the public, or in a place where there is a wide range of persons who are not members of the same family;
public-rental transfer the ownership of the original or a copy of a work for a definite period of time with no profit organizations, whose services are intended for the public, such as libraries and archives;

Director of the play-a person who carries out the staging of theater, circus, puppetry, pop or other performance (view);
reprographic reproduction (reproduction)-facsimile reproduction in any size (larger or smaller) the original or a copy of the work (written and other graphic works) by means of photocopying or by other technical means other than publication; reprographic does not include recording in electronic (including digital), optical or other machine-readable form;
technical means of protection of copyright and neighbouring rights-any effective technical devices or components that control access to works or objects of related rights that prevent or limit in respect of works or objects protected by neighbouring rights action that does not allow owners of any right protected by this law;
phonogram: any exclusively sound recording performances or other sounds, or the representations thereof, in addition to sound recordings included in the audiovisual work;
an instance of a Videogram-copy of videogram in any tangible medium, made directly or indirectly from videograms and includes all or part of the images;
copy of the work is made copy of a work in any material form;
copy of a phonogram is a copy of a phonogram in any tangible medium, made directly or indirectly from a phonogram and which includes all or part of the sounds or the representations thereof, contained in the phonogram.
 
Article 2. Turkmen legislation on copyright and related rights
 

1. Turkmen legislation on copyright and related rights is based on the Constitution and consists of the Civil Code of Turkmenistan, this law and other normative legal acts of Turkmenistan.
2. If the international treaties to which Turkmenistan is a party establishes rules which differ from those stipulated in this law, the regulations of the international agreements.
 
Article 3. The scope of this Act, the provisions of this Act apply: 1) for scientific, literary and artistic works, performances, phonograms and videograms, the owner of copyright or neighbouring rights, which is a natural or legal person in Turkmenistan, or work which is implemented on the territory of Turkmenistan. In cases with foreign individuals or legal entities copyright protection shall be determined on the basis of reciprocity;
2) to scientific, literary and artistic works or phonograms and videograms, published for the first time on the territory of Turkmenistan; While the work or phonogram and videogramma are published in Turkmenistan, if within 30 days after the date of first publication outside Turkmenistan they were published on the territory of Turkmenistan;
3) performances, which took place for the first time on the territory of Turkmenistan or recorded on a phonogram or title protected in accordance with the provisions of paragraph 2 of this article, or not recorded on a phonogram or title, but included in the broadcasting or transmission protected in accordance with the provisions of paragraph 4 of this article;
4) for broadcast if the organization is a legal entity in accordance with the legislation of Turkmenistan and broadcasts from transmitters located on the territory of Turkmenistan;
5) to works of architecture in the territory of Turkmenistan;
6) other works of science, literature and art, performances, phonograms and videograms, broadcasting transmission protected in accordance with international treaties to which Turkmenistan is a party.
 
Article 4. State regulation in the sphere of protection of copyright and related rights 1. State regulation in the sphere of protection of copyright and related rights is carried out by the authorized State body on intellectual property, which, in accordance with its competencies:-implements a uniform State policy in the sphere of protection of copyright and related rights;
-coordinates the activities of ministries, departments, enterprises, institutions and organizations in the area of protection of copyright and related rights;
-promotes creativity in science, literature and art;
-registration of copyright and related rights;
-develops projects of normative legal acts in the field of the protection of copyright and related rights;
-consider the objections of interested persons about the violated or disputed rights in the area of protection of copyright and related rights;
-publishes information materials and methodical literature;
-assists in the preparation of specialists in the field of the protection of copyright and related rights.
2. Authorized State body on intellectual property within the limits of their authority ensures fulfilment of obligations deriving from international treaties concluded by Turkmenistan, and also represents Turkmenistan in relevant international organizations in the field of copyright and related rights.
 
SECTION II. COPYRIGHT Chapter 1. Objects of copyright Article 5. The scope of copyright 1. Copyright shall extend to scientific, literary and artistic works that are the result of creative activity, regardless of the purpose, dignity and content of works, as well as the ways and forms of expression.
2. Copyright covers both published and not published works, existing in an objective form:-written form (manuscript, typewritten text, musical score, and other);
-oral form (public recitation, public performance, and other);
-sound or Visual recording (mechanical, magnetic, digital, optical, and other);
-image (drawing, sketching, painting, plan, drawing, film, television, video or snapshot and other);
-space (sculpture, model, mock-up, structure and other);
in other forms.
3. Part of the works (title, characters, etc.), which have the characteristics specified in paragraph 1 of this article, and can be used on their own, are subject to copyright.
4. Copyright does not cover ideas, principles, methods, processes, systems, facts, methods or concepts as such.
5. Copyright in a work is not associated with the ownership of the material object in which the work is expressed.
Transfer of title to or ownership of any material object does not in itself entail the transfer of any copyright in the work, expressed in this object.
 
Article 6. Objects of copyright 1. Objects of copyright are:-literary works (books, pamphlets, articles, computer programs, databases, and other);
-dramatic or dramatico-musical works, works of choreography and pantomime and other creative works;
-musical compositions with or without words;

-audiovisual works (cinematographic, television and video films, slide shows and other audiovisual works);
-sculptures, paintings, drawings, lithographs and other works of fine art;
-works of decorative and monumental art;
works of architecture, urban planning and landscape architecture;
-photographic works and works obtained by processes analogous to photography; a single frame of an audiovisual work shall not be considered a photographic work;
-maps, plans, sketches, illustrations and three-dimensional works relating to geography, topography and other sciences.
2. Computer programs are protected as literary works. This protection extends to all kinds of programs, including all applications and operating systems that can be expressed in any language and in any form, including source code and object code.
3. copyright objects also include:-derivative works, such as translation and processing, annotations, analyses, summaries, reviews, stage adaptations, musical arrangements and other processing works of science, literature and art;
-sampler, such as encyclopaedias and anthologies, databases, and other composite works constituting the selection or arrangement of their contents constitute creative work.
Derivative works and compilations are protected by copyright, regardless of whether or not objects of copyright works on which they are based or which they include.
 
Article 7. Works that are not objects of copyright shall not be objects of copyright: — official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof;
State symbols and signs (flag, emblem, anthem, award, monetary signs and other State symbols and official signs);
-Folk Arts (expressions of folklore);
-communications concerning events and facts that have informational character.
 
Article 8. The emergence of copyright. Presumption of authorship 1. Copyright in a work of science, literature and art arises by the fact of its creation. The origin and exercise of copyright registration is not required, making special work or compliance with other formalities.
The holder of exclusive rights in order to have his rights may use the copyright symbol, which should be placed on every copy of the work and consists of three elements:-the letter "c" in a circle;
-name of the holder of the exclusive rights;
-year of the first publication of the work.
2. In the absence of proof to the contrary, the author of the work is considered to be the person named as the author of the original or copy of the work.
3. When the publication of works by anonymous or pseudonymous (unless the author's pseudonym leaves no doubt as to its identity), the publisher whose name or title designated on the copy of the work, in the absence of proof to the contrary shall be deemed to represent the author in accordance with this law and, as such, has the right to protect the author's rights and ensure their implementation. This provision remains in effect until the author of the work reveals his identity and declares her authorship.
 
Article 9. Co-sponsorship of 1. Copyright in a work by the joint creative work of two or more persons (co-authorship) belongs to the co-authors jointly, regardless of whether such work one indissoluble whole or is composed of parts, each of which has an independent significance.
Part of the work is recognized with its own, if it can be used independently from the other parts of this work.
Each of the co-authors may use part of the work created by him, has independent value, at its sole discretion, unless otherwise provided by agreement between them.
2. Right to use the work as a whole belongs to the co-authors jointly.
Relationship of sponsors may be determined by agreement between them.
If the product sponsors form one indissoluble whole, then none of the co-authors may not without sufficient justification to deny the use of the work.
3. Each of the co-authors may, on his own behalf and without obtaining the consent of the other co-authors take measures related to the protection of his rights.
 
Article 10. Copyright of compilers of collections and other composite works 1. Author of a collection and other composite works (the originator) owns the copyright to appease them selection or arrangement of the material that is the result of creative work (sostavitel′stvo).
The originator shall enjoy copyright subject to respect for the rights of the authors of each of the works included in the composite work.
2. The authors of the works included in the composite work shall have the right to exploit their works independently of the composite work unless otherwise provided in the author's contract.
3. The copyright of the compiler shall not preclude others from exercising an independent selection or arrangement of the same materials to build their constituent pieces.
 
Article 11. The copyright of the translator or other author of a derived work
 

1. Translators and other authors of derivative works owns the copyright on their charge translation, adaptation, arrangement or other processing.
2. Translator and author of another derived works shall enjoy copyright in the work that they subject to the rights of the author of the work that has been translated, adapted, arranged or otherwise transformed.
3. the copyright of the translator or other author of a derived work shall not preclude other persons from exercising their transfers and processing of the same work.
 
Article 12. Copyright in collective works 1. Notwithstanding the provisions of articles 9-11 of this Act, a person or entity, on the initiative and under whose leadership created a collective work, including publishers of encyclopedias, encyclopedic dictionaries, collections of scientific periodicals and continuing publications, newspapers, magazines and other periodicals, holds the exclusive right to use such works. Such natural or legal person is entitled to any use of collective works indicate their name or name or demand such mention.
2. The authors of the works included in collective works shall retain the exclusive right to exploit their works independently of the collective work as a whole, unless otherwise provided in the author's contract.
 
Article 13. Copyright in audiovisual works 1. The authors of an audiovisual work are:-Director;
-screenwriter (screenwriter);
-the author of a musical work (with or without words) created specifically for the audiovisual work (composer).
2. Conclusion of a contract for the creation of audiovisual works entails the transfer of the authors of the works of the manufacturer of the audiovisual work exclusive rights to its use (reproduction, distribution, rental, public performance, communication to the public by cable, making available to the public, broadcasting or any other communication to the public of audiovisual works), as well as subtitles for and duplication of the text of the audiovisual work, unless otherwise provided by the contract. These rights are valid within the period of validity of the copyright in the audiovisual work.
The manufacturer of the audiovisual work shall have the right to any use of this work indicate his name or demand such mention.
3. the author of a musical work (with or without words) created specially for audiovisual works, retains the right to remuneration for the use of this piece of music at each public performance of an audiovisual work, its public communication, as well as the surrender of rental of copies of audiovisual works.
4. The authors of the works included part of the audiovisual work, as pre-existing (literary work, put in the scenario, and more), and created in the process of working on it, enjoy copyright in the work created. The authors of such works, which gave consent to the inclusion of their work in an audiovisual work, shall not be entitled to prohibit or otherwise limit the use of the audiovisual work.
5. The authors of the audiovisual work shall retain the right to remuneration for the rental of the original or copies of the work.
 
Article 14. Copyright Office works 1. Copyright in a work created in order to perform the duties or service job employer (Office work), belongs to the author of the service-related work.
2. The exclusive right to exploit the service-related work shall belong to the person to whom the author is bound by employment relations (employer), unless the contract between him and the author does not stipulate otherwise.
The size of the remuneration for each type of use of the service-related work and order payment thereof shall be established by agreement between the author and the employer.
3. the employer shall be entitled to any use of the service-related work indicate his name or demand such mention.
4. In order to perform the duties or service job employer collective works provided for in article 12 of this law, the provisions of this article do not apply.
 
Chapter 2. Copyright Article 15. Moral rights 1. The author in relation to his works belong to the following moral rights: the right to be recognized as the author of the work and to require such recognition, including by specifying adequately the author name on copies of the work and any of its public use, if practicable (right of authorship);
-the right to specify and require the copies of the work and any of its public use rather than a genuine author, his fictitious name (alias) or refuse to specify the name of the (anonymous) (right to a name);
-the right to disclose or authorize to disclose the work in any form (right of disclosure), including the right to review;

-the right to protection of the work, including its name, from any distortion or other derogatory act liable to prejudice his honor or dignity of the author (right to protection of the author's reputation).
2. personal non-property rights belong to the author independently of his economic rights, and saved him even after the assignment of exclusive rights to use the work.
3. Moral rights in a work created in order to perform the service tasks, belong to the author of the service-related work.
 
Article 16. Property rights 1. The author or other holder of copyright in the work shall belong to the exclusive right to exploit his work in any form and by any means.
2. The exclusive right to exploit a work means the right to carry out, authorize or prohibit:-direct or indirect reproduction of the work (right of reproduction);
-distribution of the original or copies of a work through sale or other transfer of ownership (right of distribution);
-provision of rental of the original or copies of the work (right of rental);
-import copies of the work to disseminate, including copies made with the authorization of the holder of the exclusive rights (right of importation);
-public display of the work (right of public display);
-public performance of the work (the right of public performance);
-communication of the work to the public by broadcasting and (or) subsequent broadcasts (right of transmission);
-communication of the work to the public by cable, wire or other similar means, including first and/or subsequent message (right of communication by cable);
-bringing the works to the public for interactive use (right of making available to the public);
-translation of the work (right of translation);
-adaptation, arrangement or other processing works (right of adaptation).
The exclusive right of the author to use design, architectural, urban and landscape projects also include the right to participate in the practical implementation of such projects.
3. the author has the right to copyright remuneration for each form of exploitation of works (right to remuneration). The size and order of charging royalties are set in the author's contract, as well as treaties entered into by organizations economic rights of authors on a collective basis with users. The size of the remuneration cannot be lower than the minimum rates of remuneration approved by the Cabinet of Ministers of Turkmenistan.
4. Where copies of a lawfully published work have been introduced into civil circulation legitimate way on the territory of Turkmenistan (through sale or other transfer of ownership), allowed their further distribution without the author's consent and without payment of remuneration, except as provided for in article 17 of this law.
5. Right of distribution of the original or copies of a work by letting them hire (and public hire), regardless of the ownership of these instances, belongs to the author or other holder of copyright for: 1) audiovisual work;
2) computer program;
3) database;
4) piece fixed in phonogram or videogram;
5) piece of music in the form of the note text.
6. limitations on authors ' rights referred to in paragraph 2 of this article shall be established by articles 18-22 of this law provided that it does not harm the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.
 
Article 17. The right of access to works of art. Right route 1. The author of a work of fine art shall have the right to demand from the owner works allowing the realization of the right to reproduce his work (right of access). The owner of the works cannot be required on delivery of works of the author.
2. transfer of ownership of a work of fine art or original manuscripts of the author of the work (the onerous or gratuitous) from the author to another person means the first sale of the work.
For each public resale of a work of fine art or original manuscripts of the author of the work (through auction, a gallery of fine art, Art Salon, shop, etc.), the author or his heirs have the right to obtain from the seller at a rate of 5 per cent of the resale price (right route). This right is inalienable during the author's lifetime and passes to the heirs of the author exclusively under the law on copyright.
 
Chapter 3. Limit property rights Article 18. Reproduction for private purposes 1. Permitted without the consent of the author or other holder of copyright and without payment of remuneration the reproduction in one copy an individual lawfully disclosed work for exclusively personal purposes without income.
2. Part one of this article shall not apply to: 1) reproduction of works of architecture in the form of buildings and similar structures;
2) reproduction of databases or substantial parts of them;

3) reproduction of computer programs, except as provided for in article 21 of this law;
4) reprographic reproduction of books (full), musical texts and originals of works of fine art.
3. The reproduction by individuals for private purposes without obtaining the income of an audiovisual work, phonogram and Videogram is allowed, without the consent of the rightholders, but with payment of remuneration payable: with regard to the reproduction of audiovisual works-manufacturer of creators, performers and audiovisual works; with regard to the reproduction of phonogram (videograms)-creators, performers and phonogram (Videogram) manufacturer.
Remuneration paid by manufacturers and importers of equipment (audio and/or video recorders and other equipment) and the material carriers (sound-and (or) further and cassettes, CDs and other physical media) used for such reproduction.
The remuneration and the manner of its payment shall be determined by agreement between the aforementioned manufacturers and importers on the one hand and the organizations that manage the property rights of authors, producers of phonograms or videograms and performers on a collective basis, on the other hand, if the parties fail to reach such an agreement, the authorized State Agency on intellectual property. This takes into account that, in the application of technical means of protection of copyright holders access to such works, phonograms and videograms for reproduction for private purposes may also be subject to the payment of a fee.
Collection and distribution of the remuneration are carried out by organizations for the collective administration of economic rights. Remuneration shall be distributed in the following proportions: forty percent-author, thirty percent-artist, thirty percent of the manufacturers of Phonograms (videograms) in relation to the works and Phonograms (videograms) on which it can be assumed that they were reproduced for private purposes.
4. compensation shall not be paid for the equipment and physical media specified in part 2 of this article, which are: (a) export items);
b) professional equipment, not intended for use in the home.
The reward also is not payable when you import the specified equipment and materials by individuals for private purposes.
 
Article 19. Use of works for informational, scientific, educational or other purposes shall be permitted without the consent of the author or other holder of copyright and without payment of remuneration, but with obligatory indication of the name of the author whose work was used, and the source of the borrowing are: 1) the quotation, in the original language and in translation, for scientific or for research, polemic, critical or informational purposes of lawfully published works to the extent justified by the purpose, including the reproduction of extracts from newspaper and magazine articles in press reviews;
2) use of short extracts from lawfully published works by way of illustration in publications, radio or television broadcasts or sound or visual recordings of educational character to the extent justified by the intended purpose;
3) reproduction in periodicals, broadcast or message on cable broadcasting to the public lawfully published in newspapers and magazines articles on current economic, political, social or religious topics or of broadcast works of the same nature in cases where such reproduction, broadcast or post on webcasting were not expressly prohibited by the author or other owner of copyright;
4) reproduction in newspapers and magazines, broadcast or message on cable broadcasting to the public, publicly said political speeches, addresses, reports, lectures and other similar works to the extent justified by an informational purpose; When the same author shall nevertheless retain the right to publish such works in collections;
5) the reproduction or communication to the public in the reporting of current events by means of photography, cinematography, broadcasting or cablecasting organization of works seen or heard in the course of such events, to the extent that certain informational purposes; the author shall nevertheless retain the right to publish such works in collections;
6) reproduction without profit lawfully published works in Braille or other special ways for the blind, except for works specially created for such means of reproduction;
7) reproduction, broadcast or making available to the public on cable television works of architecture, photography, fine art, which are permanently in a place open to the public, except where the presentation of the work constitutes the main subject of the reproduction, broadcasting or communication to the public by webcasting or when the image artwork is used for commercial purposes;
8) reproduction of lawfully disclosed works intended as evidence for judicial or administrative proceedings;

9) performance of lawfully disclosed works during official and religious ceremonies, as well as for the provision of funeral services. In these cases, the indication of the name of the author and not necessarily the source of borrowing.
 
Article 20. Use of works by libraries, archives and educational institutions (reprographic) 1. Permitted without the consent of the author or other holder of copyright and without payment of remuneration, but with obligatory indication of the name of the author whose work is used and the source of the borrowing of Reprographic without profit in a single instance: 1) libraries or archives-legitimately published work for replacement of lost, destroyed or unusable copies; make copies of works by other libraries for the replacement of lost, destroyed or have become unfit for the use of their funds if such an instance under normal conditions otherwise impossible;
2) libraries or archives on request to individuals in educational and research purposes-the individual articles and maloob″ëmnyh of works lawfully published in collections, newspapers or other periodicals, extracts from lawfully published written works (except computer software);
3) educational institutions for classes-individual articles and maloob″ëmnyh of works lawfully published in collections, newspapers or other periodicals, extracts from lawfully published written works (except computer software).  
2. Reprographic provided for in paragraphs 2 and 3 of the first paragraph of this article, shall be permitted in the absence of license reprographic, distributed by the organization that manages the economic rights of authors on a collective basis, the existence of which (licenses) knew or ought to have known the library, archives, or educational institution.
 
Article 21. Reproduction of computer programs and databases. Decompilation of computer programs 1. A person lawfully in possession of a copy of a computer program or database may, without obtaining the permission of its author or other holder of exclusive rights and without payment of additional remuneration: 1) contribute to the computer program or database changes necessary for its functioning on technical means for the user, and perform any actions associated with the operation of the computer program or database, in accordance with its purpose, including recording and storing in the memory of your computer (one computer, or a single user on the network) as well as the correction of obvious mistakes, unless otherwise stipulated by the copyright agreement;
2) produce a copy of the computer program or database, provided that the copy is intended only for the replacement of a lawfully acquired copy when the original program is lost, damaged or has become unusable. A copy of the program or database cannot be used for other purposes than indicated in paragraph 1 of this part and must be destroyed if the possession of an instance of this program ceases to be lawful.
2. A backup copy of the computer program or database may not be used for purposes other than those provided for in paragraph 1 of this article, and shall be destroyed in the event of termination of ownership of a copy of a computer program or database.
3. a person who is lawfully in possession of a copy of a computer program may, without the consent of the author or other holder of copyright and without payment of royalties to decompile the software or to instruct other persons to implement the decompilation of if this is necessary to achieve the interoperability of independently developed by such person of a computer program with other programs that can interact with the decompiled program, subject to the following conditions: 1) necessary to achieve interoperability has not previously been available to such person from other sources;
2) these acts are confined to the parts of the decompiled program, which are necessary to achieve interoperability;
3) information gathered through means of decompilation may only be used to achieve the interoperability of independently developed computer program with other programs, may not be transferred to any other person, and may not be used to develop a computer program, on its mind is substantially similar to the decompiled program, or to implement other action that violates copyright.
 
Article 22. Free ephemeral recording by broadcasting organizations broadcasting organization without the author's consent and without payment of additional remuneration can write, intended for short-term use of works in respect of which the Organization was granted the right to broadcast, provided that such entry is made by a broadcasting organization using its own equipment and for its own broadcasts.

The Organization has an obligation to destroy such recording within six months after its manufacture, if a longer period had not been agreed with the author of the recorded work. Such a record can be saved without the consent of the author of the work in State archives, if the recording is of an exclusively documentary nature.
 
Chapter 4. Duration of copyright Article 23. Duration of copyright 1. Copyright shall have effect throughout the lifetime of the author and 50 years after his death, except as provided in this clause.
The right of authorship, the right to a name and the right to protection of the author's reputation are protected indefinitely.
2. Copyright in a work published anonymously or under a pseudonym, is valid for 50 years after the date of its lawful publication.
If within the specified period the author was released anonymously or under a pseudonym reveals his identity or if his identity will not be next to leave the doubt, the first part of this article.
3. the copyright in a work of joint authorship shall have effect throughout the lifetime and 50 years after the death of the last author.
4. Copyright in a work first published in light after the author's death, lasts for 50 years after its release.
5. Calculation of periods of time prescribed by this clause begins with the 1 January of the year following the year in which there had been a legal fact, which is the starting point of the period.
 
Article 24. Public domain 1. Expiration of copyright on works by means of their transition into the public domain.
The works, which on the territory of Turkmenistan has never provided protection are also considered passed into the public domain.
2. who Works in the public domain may be used freely by any person without payment of royalties. The right of authorship, the right to a name and the right to protection of the author's reputation.
 
Chapter 5. Transition of copyright. Copyright treaties Article 25. Reason moving copyright Copyright copyright treaties and are transferred by inheritance.
 
Article 26. Transition of copyright by succession 1. Copyright passes by inheritance or bequest.
2. don't pass on an inheritance right of authorship, the right to a name and the right to protection of the author's reputation. Heirs and executors are entitled to protect those rights. These powers of heirs and executors of wills for a period is not limited. In the absence of heirs of the author of the protection of these rights is carried out by the authorized State body on intellectual property.
3. the author shall have the right, in the same manner as executor, specify the person to whom he entrusts the protection of the rights of authorship, the right to a name and the right to protection of his reputation after his death. This person is exercising its powers for life.
In the absence of such indications, the protection of the rights of authorship, the right to a name and the right to protection of the author's reputation after the death of the author or his heirs are carried out by the authorized State body on intellectual property, which carries out such protection, if there are no heirs or their copyright has ceased.
 
Article 27. Transfer of property rights. The copyright agreement 1. Property rights referred to in article 16 of this law may be passed by the author's contract and on other bases provided by law, except as provided in articles 18-22 of this law.
Transfer of property rights can be implemented on the basis of the author's contract for the transfer of exclusive rights or an author's contract for the transfer of non-exclusive rights.
2. The copyright agreement on the transfer of exclusive rights permits the use of certain works in the manner and within the prescribed limits of the Treaty only to the person to whom those rights are transferred, and gives that person the right to prohibit other persons from using the work.
The right to prohibit other persons from using the work can be carried out by the author of the work, if the person who has transferred exclusive rights does not protect this right.
3. The copyright agreement on transfer of nonexclusive rights allows the user to use the work on equal terms with the owner of the exclusive rights, those rights are transferred, and (or) other persons who have obtained permission to use the works in the same way.
4. Law, passed under an author's contract shall be deemed non-exclusive unless the Treaty provided otherwise.
 
Article 28. Conditions and form of copyright agreement 1. The copyright agreement should include:-a precise description of the used works (volume, genre, name);
-How to use the work (specific rights transferred under this Agreement);
-term and territory, within which is passed to the right;
-remuneration and (or) the procedure for determining the remuneration for each way of use of the work;
-the order and terms of payment of the remuneration, unless the contract expressly provides for the donation of rights;
other conditions that the parties deem essential.

If the author's contract terms about how to use the work (specific rights being transferred under an author's contract) the contract shall be concluded on the ways to use such works, which may be deemed to be essential in order to achieve the intent of the parties, available at the time of conclusion of the contract.
If the author's contract conditions on the duration of rights transfer agreement may be terminated by the author after the expiry of five years from the date of its conclusion if the user will be advised in writing about this for six months prior to the termination of the contract.
If the author's contract conditions on the territory within which is passed to the right, the action passed on the Treaty right is limited to the territory of Turkmenistan.
2. The right to use the work, not passed under an author's contract shall be deemed neperedannymi.
The subject of the author's contract may not be right to use a work, is not known at the time of conclusion of the contract.
3. Remuneration shall be determined in the author's contract as a percentage of income for an appropriate way to use the work or, if this cannot be implemented due to the nature of the works or the peculiarities of usage, as firmly fixed amount or otherwise. The size of the firm fixed amount may not be lower than the minimum rates of remuneration approved by the Cabinet of Ministers of Turkmenistan.
If the author's contract on the publication or otherwise reproducing works of remuneration shall be determined as firmly fixed amounts, then the contract must be set maximum circulation of copies of a work.
4. Law, passed under an author's contract may be transferred in whole or in part to other persons only if this is expressly stipulated in the contract.
5. conditions of copyright agreement, limiting the author in creating works in the future on this topic or in this field are invalid.
6. The terms of an author's contract that are contrary to the provisions of this Act shall be null and void.
7. Author's contract must be concluded in writing. The copyright agreement on the use of works in periodicals may be concluded orally. Orally may also be signed a contract for a one-time transfer of oral works on radio and television.
8. In the sale of copies of computer programs and providing user access to a massive contract is concluded in writing if its conditions (conditions for the use of a computer program) set appropriately to instances of the program.
 
SECTION III. RELATED RIGHTS Article 29. Subjects of related rights 1. Subjects of related rights are performers, producers of phonograms, videograms, broadcasting organizations.
2. The manufacturer of the phonogram or videogram, broadcasting organization shall exercise their rights specified in this section in the context of the rights acquired under agreement with the Executive Director and author of the work recorded on the phonogram or videogram or broadcast or cable.
3. the perpetrator carries the rights referred to in this section are subject to the rights of the author of the executable.
4. The emergence and exercising of the rights provided for in this section shall not be subject to compliance with any formality. The manufacturer of the phonogram or videogram and performer for alerts about their rights is entitled to use the mark the protection of related rights, which should be placed on each copy of a phonogram or videogram or the pouch containing her, and consists of three elements:-the Latin letter "p" in a circle;
-name of the owner of exclusive related rights;
the year of first publication of the phonogram or videogram.
5. To contracts on transfer of rights between performers and producers of phonograms or videograms, shall apply the provisions of this law on the author's contract unless otherwise follows from the nature of the rights being transferred.
 
Article 30. The right to Executive Director 1. The Executive Director in respect of its performance the following rights: 1) the right to a name;
2) the right to the protection of the performance against any distortion or other derogatory act liable to prejudice his honor or dignity (right to protect reputation);
3) the right to use the performance in any form, including the right to remuneration for every such form of use or production.
2. The exclusive right to exploit the performance means the right to authorize or prohibit: 1) message execution broadcast, webcasting or making other public communication of performance, except where entry is used for the message execution, previously made with the consent of the performer, or the execution of the previously passed;
2) recording not previously recorded performance;
3) recording the execution, unless the reproduced performances, made with the consent of the performer, for the same purposes for which consent was obtained in such records;
4) broadcast or cable record performance, if originally this entry was not made for commercial purposes;

5) distribution of the original or copies of the performance fixed in a phonogram or title, through sale or other transfer of ownership. If the original or copies of the performance recorded on a phonogram or a legitimate title introduced into civil circulation through sale or other transfer of ownership, their further distribution on the territory of Turkmenistan without consent and without payment of remuneration;
6) renting rent published phonogram or videogram, including compliance with the participation of the Executive Director.
3. the Authorization referred to in paragraph 2 of this article shall be issued by the Executive Director, and in the performance of a team of performers head this team through the conclusion of a written contract with the user.
4. the Authorization referred to in paragraphs 2 and 3 of part two of this article, the subsequent transfer of the performance, the recording for the transfer and playback of such records by the broadcasting or cable distribution organizations are not required, if they are provided for by the contract of Executive Director with the broadcasting or cable distribution organization.
Remuneration to the performer for such use shall be established in the Treaty.
5. conclusion of a contract between the performer and producer of audiovisual works for the creation of audiovisual works entails the provision by the performer of the rights referred to in paragraph 2 of this article. The contractor reserves the right to remuneration for rental copies of such audiovisual work in the manner provided for in article 16 of this law.
The granting of such rights by the performer shall be limited to the use of the audiovisual work and, unless the contract provides otherwise, does not include the right to use separately the sound or images fixed in the audiovisual work.
6. conclusion of the contract on performance or phonogram record title between performer and producer of phonogram or videogram entails the transfer of the right to Executive the sound track or title in the rental services (para. 6 of part two of this article); the contractor reserves the right to remuneration for the rental of copies of commissioning such a phonogram or videogram in the manner provided by paragraph 3 of article 18 of this law.
7. Regarding the enforcement of established performer in order to perform the duties or service job employer, artist owns the right to a name and the right to reputation. The exclusive right to use such performance shall belong to the person to whom the perpetrator has an employment relationship, if the contract between him and the contractor provides otherwise.
8. The exclusive right of the performer, referred to in paragraph 2 of this article may be transferred to other treaty parties.
 
Article 31. Rights of phonogram manufacturer 1. Manufacturer of phonograms in respect of his phonograms shall belong to the exclusive right to exploit his phonogram in any form, including the right to remuneration for every such form of use of the phonogram.
2. The exclusive right to exploit a phonogram means the right to authorize or prohibit: 1) reproduction of the phonogram;
2) alteration or other processing of the phonogram;
3) distribution of the original or copies of the phonogram through sale or other transfer of ownership;
4) import copies of the phonogram for dissemination, including copies made with the authorization of the manufacturer of the phonogram;
5) providing rental of the original or copies of phonograms, even after distribution of them, with the consent of the phonogram manufacturer and regardless of ownership of the original and copies.
 
Article 32. Rights of Videogram manufacturer 1. Manufacturer of videograms shall belong to the exclusive right to exploit the videogram in any form, including the right to remuneration for any use of videograms.
2. The exclusive right to use the Videogram means the right to authorize or prohibit: 1) reproduction of videograms;
2) distribute copies of the Videogram by any means: sale, rental, and more;
3) import copies of videograms to disseminate, including copies made with the authorization of the manufacturer that Videogram;
4) reinvent or processing of videogram in any way.
 
Article 33. The rights of broadcasting organizations 1. Broadcasting organizations enjoy the exclusive right to the use of transfer in any form, including the right to remuneration for any use of the transfer.
2. The exclusive right to use the transfer means the right of the (cable) broadcasting to authorize or prohibit: 1) recording of the broadcast;
2) reproduction of the fixation, except in the case where the record transfer was made with the consent of the broadcasting organization and playback is carried out in the same order in which it was done recording;
3) simultaneous broadcast message (webcasting) the other organization broadcasting (cable) broadcasting;
5) to communicate the broadcast on cable broadcasting (broadcast);
6) publicly report transfer in places with paid entrance.
 
Article 34. Remuneration for the use of Phonograms and videograms, published for commercial purposes
 

1. the manufacturer is allowed, without the consent of the phonogram and Videogram published for commercial purposes and of the performer, the performance of which is recorded on such phonogram and Videogram, but with payment of remuneration: 1) public performance of the phonogram or videogram;
2) the phonogram or videogram;
3) message phonogram or videogram to the public by webcasting.
2. the collection, distribution and payment of the remuneration provided for in paragraph 1 of this article, is carried out by one of the organizations that manage the rights of producers of phonograms or videograms and performers on a collective basis, in accordance with the agreement between the two organizations. If the agreement does not stipulate otherwise, the specified remuneration is shared between the manufacturer of the phonogram or videogram and performer.
3. The amount of remuneration, the conditions of its payment shall be determined by agreement of the user of phonogram (videograms) or associations (associations) of users on the one hand and the organizations that manage the rights of producers of Phonograms (videograms) and performers, on the other hand, if the parties fail to reach such an agreement, the authorized State Agency on intellectual property.
The amount of remuneration for the use of a phonogram or videogram shall be established for each kind.
 
Article 35. Restriction of the rights of performers, producers of Phonograms and videograms, broadcasting organizations 1. Limitations to the rights referred to in articles 30-33 of this law, shall be established by articles 34-36 of this Act, provided that such restrictions do not cause undue damage to the normal exploitation of the performance, the phonogram and Videogram, transmission and broadcasting of their recordings, and also included in these works of literature, science and art, and not unreasonably prejudice the legitimate interests of the performer, the phonogram and Videogram, broadcasting organizations and authors of these works.
2. It is permitted, without the consent of the performer, phonogram and Videogram manufacturer of broadcasting organization and without payment of remuneration for the use of performances, phonograms and videograms, broadcasting organizations and their transfer records in the following cases: 1) citation in the form of short extracts from the performance, phonograms and videograms, broadcasting transmission, provided that such quotation is carried out for scientific or for research, polemic, critical or informational purposes and to the extent determined by the intended purpose;
2) teaching or scientific research as illustrations in the form of short passages to the extent that a specific goal;
3) inclusion of current events of short extracts from the performance, the phonogram or videogram, transmission and broadcasting organizations;
 4) in other cases provided for by the provisions of section II of the present Law against restrictions on the property rights of the author of the works of literature, science and art.
3. It is permitted, without the consent of the performer, phonogram and Videogram manufacturer of broadcasting organization using individuals performances, broadcasts of broadcasting organizations and their records, as well as the reproduction of the phonogram and Videogram for personal purposes. These actions are subject to payment of remuneration in accordance with procedures stipulated under part 3 of article 18 of this law.
 
Article 36. Ephemeral performances or records transfer, broadcasting organizations broadcasting organization without the consent of the performer, the phonogram (Videogram) and broadcasting organizations may make ephemeral recordings of execution or transmission and reproduce such records under the following conditions: 1) prior receipt by a broadcasting organization of a broadcast message permission on execution or transfer, in respect of which you are recording or reproduction of such ephemeral recording;
2) manufacture of ephemeral recording and playback by a broadcasting organization using its own equipment and for its own broadcast;
3) destruction of such records in accordance with the provisions of article second paragraph 22 of this Act in respect of ephemeral recordings of works of literature, science and art.
 
Article 37. Validity of related rights 1. The rights provided by this law in respect of the Executive Director, shall have effect for 50 years as from the date of first performance.
The right to Executive Director addressed and the protection of the performance against any distortion or other derogatory act any prescribed article 30 of this law, are protected indefinitely.
2. the rights provided by this law in respect of the manufacturer of phonogram (videograms) shall have effect for 50 years after the first publication of the phonogram (Videogram) or within 50 years after its first recording if the phonogram (videogramma) has not been published within this period.
3. the rights provided by this law in respect of the transfer of the broadcasting organization shall have effect for 50 years after its first broadcast.
4. the rights provided by this title in respect of the transfer of cablecasting organizations shall have effect for 50 years after her first cablecast.

5. Calculation of periods of time stipulated by parts one-fourth of this article starts from 1 January of the year following the year in which there had been a legal fact, which is the starting point of the period.
6. the right to authorize the use of the performance, phonogram, videogram, broadcasting or cable and to remuneration within the remainder of the periods referred to in paragraphs one-fourth of the present article, shall pass to the heirs (in respect of legal persons to the successors in title) Executive producer of phonogram and Videogram, broadcasting or cable distribution organization.
The right to a name, the right to executive protection to the reputation of the artist will not be transferred by succession. Their protection after the death of the performer shall be as provided for in article 26 of this law for the protection of the personal rights of the author.
 
SECTION IV. The COLLECTIVE MANAGEMENT of ECONOMIC RIGHTS Article 38. Establishment of organizations involved in the management of economic rights on collective basis

 
1. The authors of scientific, literary and artistic works, performers, producers of Phonograms and videograms or other holders of copyright and related rights shall have the right to establish organizations that manage their economic rights on collective basis within their powers.
2. an organization for the collective administration of economic rights, may not engage in commercial activities, as well as to the use of works and objects of related rights received for collective administration.
3. you can create individual organizations on various rights and various categories of rights holders or organizations administering different rights for one category of rights holders or organizations governing one kind of rights for different categories of rights holders.
4. the powers of the collective management of economic rights are passed directly to the holders of copyright and related rights voluntarily on the basis of written agreements, as well as on the relevant treaties with foreign organizations administering similar rights. These treaties are not copyright and they are not subject to the provisions of articles 27 and 28 of this Act.
5. Organization of economic rights, are created directly by owners of copyright and related rights in the form of associations, acquiring the rights of a legal entity from the date of their registration in the order established by the legislation of Turkmenistan for registration of public associations. Such organizations operate within the powers received from the holders of copyright and related rights on the basis of the Charter, approved in the prescribed manner.
The statutes of the organizations for the collective administration of economic rights shall contain provisions conforming to the requirements of this chapter. The refusal in registration of the organization that manages the economic rights of authors on a collective basis, is allowed in cases of non-compliance with the requirements of this chapter, as well as the legislation of Turkmenistan on public associations ' registration.
6. the Organization shall carry out the holders of copyright and related rights, property rights which it manages. The decision on the remuneration and terms and conditions of the license agreement with users, how the distribution and payment of the collected remuneration and other questions concerning activity of such an organization is exclusively the owners of copyright and related rights collectively, at a general meeting.
 


Article 39. The activities of the organizations for the collective administration of economic rights

 
1. Any author, his heir or other holder of copyright and neighboring rights may transfer their property rights implementation organization that manages economic rights on a collective basis, and the organization is obliged to undertake the exercise of these rights on a collective basis, if such a category of Rights refers to the statutory activities of the organization.
Foreign authors or other holders of copyright and related rights, which are not natural and legal persons whose rights are protected in the territory of Turkmenistan in accordance with paragraphs 1-5 of article 3 of this law shall enjoy national treatment in the field of management of property rights on the territory of Turkmenistan.
2. On the basis of the credentials received from the holders of copyright and related rights, the organization that manages economic rights on a collective basis, concludes licensing contracts with users on appropriate modalities for the use of works and objects of related rights. The terms of such license agreements should be the same for all users. These organizations shall not be entitled to refuse the user without sufficient justification in the conclusion of license agreements.
Licenses obtained under licensing contracts, allow the use of methods set forth therein all the works and objects of related rights and is provided on behalf of all holders of copyright and neighbouring rights, including those that do not have transferred the powers of the Organization in the manner provided for in paragraph 1 of this article.

3. All possible property claims by holders of copyright and neighbouring rights to users associated with the use of their works and objects of related rights by licensing contracts shall be settled by the organization that manages economic rights on a collective basis, entering into licensing contracts.
4. an organization for the collective administration of economic rights shall have the right to demand from users of works and objects of related rights provide them with documents containing accurate information on the use of works and objects of related rights necessary for the collection and distribution of remuneration.
5. administering Organization for the collective administration of economic rights shall be entitled to retain unclaimed remuneration upon the expiration of three years from the date of its receipt at the expense of the Organization, including it in the allocated sum or paying for other purposes in the interests of the holders of copyright and related rights.
 
Article 40. The functions of the organizations for the collective administration of economic rights Organization that manages economic rights on collective basis shall perform, on behalf of the holders of copyright and related rights and on the basis of the powers received from the following functions: 1) enter into license agreements with users on use rights that deals with such an organization;
2) negotiate with users of the remuneration and other terms and conditions on which are license agreements;
3) negotiate with users of remuneration in cases stipulated by this law, when the organization is collecting such remuneration without concluding a license contract (part five article 13, the third paragraph of article 18 (2) of article 34);
4) collect the license agreement provided for remuneration and (or) the remuneration provided for in paragraph 3 of this article;
5) allocate and disburse collected in accordance with paragraph 4 of this article, remuneration of its submitted to the holders of copyright and related rights;
6) take any legal action necessary to protect the rights that deals with such an organization;
7) to carry out other activities in accordance with the mandate received from the holders of copyright and related rights.
 
Article 41. Obligations of organizations for the collective administration of economic rights 1. The activities of the organization that manages economic rights on a collective basis, in the interests of the holders of copyright and neighbouring rights, submitted by such an organization. To this end, the Organization should perform the following duties: 1) simultaneously with the payment of a fee to provide the holders of copyright and related rights reports containing information on the use of their rights;
2) use built in accordance with the provisions of paragraph 4 of article 40 of this law for the distribution and payment of remuneration to the holders of copyright and related rights. The organization is entitled to deduct from the remuneration collected a sum to cover their actual costs for the collection, distribution and payment of such remuneration, as well as the amount, which shall be sent to the special funds established by the Organization, with the consent of and in the interests of the holders of copyright and related rights;
3) distribute and regularly pay fees collected, after deducting the sums referred to in paragraph 2 of this part of the present article, in proportion to the actual use of works and objects of related rights.
2. The holders of copyright and related rights, the Organization of powers fail to collect remuneration in accordance with the second part of article 39 of this law, shall be entitled to require the Organization to pay due remuneration in accordance with the digital distribution as well as the exclusion of their works and objects of related rights from the licenses provided by users in the organization.
3. Foreign organizations for the collective administration of economic rights shall be entitled to request information about distributed remuneration payable to foreign authors or other copyright holders submitted to specified foreign organization, in accordance with the agreement on reciprocal representation.
 
Article 42. Monitoring of the activities of the organizations for the collective administration of economic rights 1. The administering Organization for the collective administration of economic rights, is obliged to provide to the authorized State body on intellectual property, the following information: 1) about the changes introduced in the Charter and other constituent documents of the Organization;
2) concerning agreements entered into by the organization with foreign organizations administering similar rights;
3) about the decisions of the general meeting;
4) on the annual financial report, including information on unclaimed remuneration and audit the activities of the Organization;
5) data on persons authorized to represent the organization.
2. Authorized State body on intellectual property has the right to request, if necessary, the organization that manages economic rights on a collective basis, additional information required to check the conformity of the activities of the Organization, the legislation on public associations or any other legislation of Turkmenistan, as well as the Charter of this organization.

3. In cases of non-compliance by the organization that manages economic rights on a collective basis, the requirements of this chapter, the State authorized body on intellectual property and has the right to demand that the organization address the violation within a reasonable deadline. In the event of violation of the authority may, in the prescribed manner the question of the Elimination of this organization.
 
Section v. protection of copyright and related rights, article 43. Infringement of copyright and related rights. Infringing copies of a 1. Counterfeit copies of the work are and objects protected by neighbouring rights, which are manufactured or distributed in violation of copyright and related rights.
2. Counterfeit are also copies of works and objects of related rights protected in Turkmenistan in accordance with this law, imported without the consent of the holders of copyright and related rights in Turkmenistan from the State in which these works and objects of related rights have ceased to be protected or have never been protected.
3. Violation of this law of copyright and related rights shall incur civil, criminal and administrative liability in accordance with the legislation of Turkmenistan.
 
Article 44. Ways of protection of copyright and related rights 1. Owners of copyright and related rights shall have the right to demand from the infringer, in particular: 1) the recognition of those rights;
2) restoring the situation that existed before the violation of the rights;
3) cessation of acts that violate or threaten their rights violations;
4) damages, including lost profits;
5) recovery of income earned by the infringer as a result of the breach of copyrights and related rights, in lieu of damages;
6) compensation in an amount determined by the Court in lieu of damages and recovery of profits;
7) take any other stipulated by the legislation of Turkmenistan measures related to the protection of copyright and related rights.
The measures specified in paragraphs 4, 5, and 6 of this part of the present article shall be applied at the choice of the holder of the copyright and related rights.
2. For the protection of their right holders of copyright and related rights, as well as their representative organizations for the collective administration of economic rights shall be entitled to apply in the prescribed manner to the Court or other authorities in accordance with their competence.
3. the Court, in accordance with the legislation of Turkmenistan may order the confiscation of infringing copies, as well as materials and equipment used for their manufacture and reproduction.
4. The confiscated infringing copies shall be destroyed or may be transferred to the holder of the copyright and related rights at its request.
Are not subject to confiscation of infringing copies of a work, phonogram or videogram, acquired in good faith by third parties.
 
Article 45. Technical means of protection of copyright and related rights 1. Technical means of protection of copyright and neighbouring rights recognized by any technology, technical devices or components that control access to the work, preventing or restricting the exercise of the actions, which are not authorized by the author or other copyright holder with respect to the work.
2. For works not allowed: 1) without the permission of the author or other copyright holder action designed to remove restrictions on the use of works that are installed through the use of technical means of protection of copyright;
2) manufacture, distribution, leasing, rental, provision of temporary free use, importation, advertising any technology, any technical devices or their components, the use of such technical means in order to make a profit or the provision of services, if such action becomes impossible the use of technical means of protection of copyright and related rights, or these technical means will not be able to ensure adequate protection of these rights;
3) in case of violation of the provisions of paragraph 2 of part two of this article, the author or other copyright holder has the right to demand of their choice from the infringer damages or compensation in accordance with article 44 of this law.
 
SECTION VI. FINAL PROVISIONS Article 46. The entry into force of this law 1. This law shall enter into force from the moment of its official publication.
2. To bring the normative legal acts of Turkmenistan in accordance with this law shall be applied insofar as they do not contravene this law.
 
 
         Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat January 10, 2012 year no. 257-IV.