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.") c. Article 19(1)(2) refers to the use of works "for the purpose of illustration in periodicals, in radio- and TV programs, in audio- and video-recordings of training nature." What is meant by "training nature"? Is it the same as "teaching," and if not, what are the differences between the two? What is meant by "in the volume justified for this purpose?" Would this provision apply to training programs created or offered by for-profit or commercial entities? The language used would seem to indicate as such.

In paragraph 1024 of the WPR Kazakhstan stated that the term "training nature" in paragraph 1(2) of Article 19 of the Copyright Law meant "teaching" as used in Article 10(2) of the Berne Convention. Example of illustration of "training nature" can be a quotation in a schoolbook with the purpose to explain certain rule. "In the volume justified for this purpose" in this case will be the volume necessary to understand and learn the rule. Use of this exclusion is allowed as long as it is compatible with the fair practice in the meaning of Article 10 of the Bern convention. Necessary condition for quotation is compliance with author’s non-proprietary rights.