Estados Unidos de América
Tayikistán
Derecho de autor y derechos conexos
Question 5: Page 83, paragraph 264: We would like to understand this better. What right holders are subject to these government regulations? Can an exclusive right holder deny use or demand whatever payment or concessions it wants to license use of its works?
Tajikistan's reply: These government regulations set the minimum remuneration only. The purpose is to protect the right holders (authors), who are usually a weaker contracting party and ensure that they will receive the minimum, justified remuneration for transferring of their rights. These regulations cover all authors/ right holders, referred to in the Law on Copyright and Neighboring Rights. However, these regulations do not in any way regulate or limit the right of the exclusive right holders to freely dispose of their rights. Consequently, exclusive right holder is entitled to deny use or to demand whatever payment or concessions it wants to license use of its works.