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.") b. Additionally, Article 19(1)(1) refers to use of the work for "information purposes," which could be interpreted as providing for potentially unlimited use of a work without authorization. What is meant by use for "information purposes"? What is meant by "in the size that is justified for the citation purposes"?

In paragraph 1024 of the WPR Kazakhstan stated that the term "information purposes" in paragraph 1(3) of Article 41 of the Copyright Law means "to report events that are expected to occur in the near future" and "to report recent historical events". "Size justified for the citation purposes" is limited to the minimum size necessary for quotation for information purposes. Necessary condition for quotation is compliance with author’s non-proprietary rights.