États-Unis d'Amérique

Kazakhstan

Droit d'auteur et droits connexes

2. Regarding Article 19 of the Copyright Law in relation to definitions of certain words and Article 19's relationship with the three-step test articulated in the Berne Convention and other treaties (e.g., Article 13 of TRIPS provides: "Members shall confine limitations and exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights holder.") a. What is the meaning of "cite" and "citation" in Article 19(1)? Do you intend "cite" and "citation" to mean "quote" and "quotation"? If so, why don't you use "quote" and "quotation"? If not, then what is the difference between "cite" and "quote" and "citation" and "quotation"? Finally, how does this language comply with the three-step test in the Berne Convention?

In paragraph 1024 of the WPR Kazakhstan stated that the terms "cite" and "citation" in paragraph 1(1) of Article 19 of the Copyright Law means "quote" and "quotation" as used in Article 10(1) of the Berne Convention. Indeed, "cite" and "citation" was used to mean "quote" and "quotation". This is only the issue of translation since there is no difference between "cite" and "quote" and "citation" and "quotation" in Russian language.