Decree of President of Government of Islamic Republic of Afghanistan regarding signing The Law
on the support the right of authors, composers, artists and researchers (Copy Right Law)
Number: 54
Date: 21 July, 2008
Article 1:
I am signing the Law on the support the right of authors, composers, artists and researchers (Copy Right Law) pursuant to the article 79 of Constitution of Afghanistan which is confirmed in 7 chapters and 49 articles based on approval # 18 dated 17/4/1387 of ministerial council.
Article 2:
Minister of Justices and Government Minister in parliamentary affairs are held responsible to present this decree within 30 days from the date of first National Assembly meeting.
Article 3:
The decree from the date of signature shall be enforced and be published along the law in the official gazette.
Hamed Karzai
President of Islamic Republic of Afghanistan
Table of contents of Law on support the right of authors, composers, artists and researchers (Copy Right Law)
Chapter One
General Provisions
Article 1: Basis
Article 2: Abbreviated Name
Article 3: Terms and Expressions
Article 4: Law Enforcement Source
Chapter Two
Copy right
Article 5: Copy right protection
Article 6: Works to be protected
Article 7: Record:
Article 8: States of no protection
Article 9: Author’s Rights
Article 10: Status of enjoying economical rights
Article 11: Moral Rights
Article 12: Cession or Transfer of Rights
Article 13: Selling or cession of the original copy
Article 14: Publication of the work after the death
Article 15: Exclusive Right of Phonogram
Chapter Three:
Timeline to use the copyright
Article 16: Timeline to protect the works
Article 17: Start Date of the timeline for the protection of the work
Chapter Four
Rights of the Broadcasting Organization and the Performer of Work
Article 18: Ownership of the work based on an agreement
Article 19: Reproduction
Article 20: Obligations of the Broadcasting Organization
Article 21: Exclusive rights of the Broadcasting Organization
Article 22: Protection of the performer’s rights
Chapter Five
Provisions on the use of a joint work
Article 23: Use of the privileges of a joint work
Article 24: Profit from a joint work
Article 25: Exclusive Right of a joint musical work
Article 26: Co-authorship of an Audiovisual Work
Article 27: Concessionaire of Collective Work
Article 28: Non-prevention of Production or Display of Collective Work
Chapter Six
Corrective Provisions
Article 29: Court Proceeding
Article 30: Right of referral to court
Article 31: Penalties
Article 32: Order of Confiscation
Article 33: Sanctions of Infringing lateral Rights
Article 34: Protection of Works Created before the Enforcement of this Law
Article 35: Broadcasting Order
Chapter Seven
Miscellaneous
Article 36: Ownership Right
Article 37: Exclusive Right of publicizing and broadcasting correspondences
Article 38: Publicizing/broadcasting picture or recording voice
Article 39: Reproduce of work
Article 40: Situations of Use of work and adoption
Article 41: Deposit Certificate
Article 42: Public Broadcasting of Work
Article 43: Display of Work
Article 44: Translation of Foreign Work
Article 45: Protection of National Folklore
Article 46: Publisher of Work
Article 47: Applicable Areas of this Law
Article 48: Formulation of Regulations and Procedures
Article 49: Date of Enforcement
The law of support the right of
Authors, Composers, Artists and
Researchers (Copy Right Law)
Chapter One
General Provisions
Basis:
Article 1:
This Law has been put in effect pursuant to the article 47 of the Constitution of Afghanistan in order to protect the economical and moral rights of the works of an author, writer, artist and researcher and the way to profit from the work of ownership rights to organize issues pertaining to the copyright.
Abbreviated Name
Article 2:
Author, writer, artist and researcher in this law are names as those who create.
Terms and Expressions
Article 3:
The terms in this Law have the following meaning:
1. Work: is a phenomenon that is created through knowledge, art or the initiative of the creator without taking into account the way that it is said, appeared or created.
2. Audiovisual work: is a work that is audible or visible via using electronic device or any other instruments.
3. Collective Work: is a work that is created as a result of the participation of natural or legal persons as to each one of them has independently executed a part of the work and is published and broadcasted under the lead of one person as a completed collection.
4. Joint Work: is a work that is created as a result of the participation of two or several natural or legal persons inseparable from each other and is published and broadcasted as a single collection and each one of them has equal rights.
5. Excerption Work: is a new work that is created from the preexisting work or works of an author.
6. Publication and Broadcast: is the transmission of audio, video or audio video and its supplements to the public through the use of any mean or mode.
7. Reprint of work: is to make one or more copies of a work including phonogram, audio or video. To record a work in order to store it temporarily or permanently using any mean which can be perceived also include this definition.
8. Fixed Work: is a work with its contents in a copy, phonogram or its attachments by or under the authority of the author which is created for certain fixed level or permanently which can be perceived, reproduced or communicated repeatedly.
9. Anonymous Work: is a work that the author is not known or identified.
10. Classic Work: is the compiling and gathering of the existing information or material from the past which is selected, coordinated and organized in a way that the end work is a new collected work. Classic Work also includes collective works.
11. Architectural Work: is a work that is composed of cartography or constructional designs.
12. Literary works: is a work that is created without audio or video and it is created using words, numbers or other literal or numerical symbols without taking into account the origin of material or the mode of its creation.
13. Photography, Painting and Statuary Works: are Two-dimension and three-dimension works, designing, photography and cartography which are created as a result of innovation and creativity.
14. Metaphorical Work: is a work where author’s nickname, literal or metaphorical name is mentioned.
15. Owner: is a natural or legal person who holds the exclusive rights envisaged in this Law.
16. Exhibition of Work: is to exhibit the work or a copy of it directly or through film, slide, television pictures, motion pictures or any other mean or mode.
17. Execution of the work: is to recite the work with a rhythmic and artistic voice or play it with rhythmic and artistic moves by any mean or mode.
18. The performer of the work: is a person who performs the contents of this Law through any ideal mean or mode.
19. Motion Pictures: is a work consisted of a series of related images when shown with sound or without sound imparts a special meaning, context or an intention.
20. Broadcasting Organization: is a legal person who has a license to publish, broadcast, promulgate, perform or display a work on behalf of its author.
21. Lateral rights: are rights that protect the exhibition, producers, phonograms and broadcasting organizations.
22. Person: includes:
- National natural person: is a person who is identified pursuant to the enforced laws.
- National legal person: is a person that is has been established pursuant to the enforced laws as an organization, company, Monopoly ownership, Limited Company, public or private joint stock company, or any other profit making organization.
- Foreign natural person: is a person who is holding a non-Afghan citizenship.
- Foreign legal person: is a person whose legal personality has been identified pursuant to the legal frameworks other than Afghanistan’s legal framework.
23. Public Culture (National Folklore): is an expression which include characterized principles of traditional artistic heritage originated or developed by a group of people in the State which reflect their artistic heritage and include the following expressions:
- Oral expressions such as tales, popular poetry and riddles
- Musical expressions: include popular songs accompanied by music or without music
- Motion expressions, include popular Atans (national dance), plays and other special popular artistic and ritual forms
- Identical expressions such as products or popular art such as drawings with lines and colors, engravings, statuary, pottery, needlework, woodwork, mosaic, metalwork, jewelry, knitting, carpet weaving and other textiles.
- Musical instruments
- Different architectural works
24. Dissemination of the work: broadcasting and distribution of the work through selling, lease, mortgage, loan or any other type of property transformation or transferring it for the purpose of performance and display to the public.
25. Recording audio or video: is a work that is resulted in the fixation of an audio or video into a fixed work by any mean or mode that can be perceived, produced, reviewed, communicated , transferred, performed or displayed again.
26. Transferring the copy right: cession through sale, mortgage, donation or any other ways in which the copyright of ownership of a work is transferred to another person pursuant to the provisions of this Law.
27. Phonogram: works that result from the fixation of a series of musical, spoken or other sounds, but not including sounds accompanying an audiovisual work, which are fixed by any method now known or later developed and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
Law Enforcement Source:
Article 4:
Ministry of Information and Culture is the main body which implements this Law.
Chapter Two:
Copy right
Copy right protection
Article 5:
The original works of authors shall be protected that are fixed (without taking into account the value, quality, purpose or the mode of its expression) in one of the tangible mediums of expression that is known now or means that will be developed later, which are perceived, reproduced or communicated in a different way either directly or with the aid of a device.
Works to be protected
Article 6:
(1) The following works shall be protected:
1- Book, pamphlet, brochure, essay, play and other academic technical and artistic writings,
2- Poem, melody, song and compose that has been written, recorded or published using any mean.
3- Audiovisual work for the purpose of performance on a movies scene or broadcast from radio or television that has been written, recorded or published using any mean.
4- Musical work which has been written recorded or published by any mean.
5- Painting, picture, design, drawing, innovate geographical cartography, linear writings, decorative lines and other decorative and imaginary works which have been created using any simple or combinatory mean or mode.
6- Statuary (sculpture).
7- Photography work that has been created using an innovative mode.
8- Innovative work of handicraft or industrial art (carpet designs, rugs, felt carpet and its attachments etc.).
9- Innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.
10- Technical work with an innovative aspect.
11- Computer programs
12- Derivative works.
(2) The provisions of this Law shall apply to all other works eligible in accordance with all international treaties, agreements and conventions that Afghanistan is a party to.
Record:
Article 7:
(1) The author can record the work, name, title and logo of his/her work in the Ministry of Information and Culture. How to apply, record and other issues related to this shall be communicated through a different procedure issued from the Ministry of Information and Culture.
(2) The author can apply to present his/her works to the Ministry if it includes the followings:
1- Name of author or authors or person with lateral rights.
2- Contents of the work or issue of lateral right.
3- Two copies of the work or issue of lateral right.
4- An exact correspondence on the characteristics of the work or issue of lateral right
5- Written correspondence from the author regarding the ownership of the work or lateral right
States of no protection
Article 8:
(1) The provisions of this Law shall not protect works which are in contradiction with the provisions of the Law.
(2) The subject matter of copyright includes Derivative Works that has been presented by the author where the use of preexisting material has been differentiated. This right does not extend to any kind of the copyright in the preexisting material.
Author’s Rights
Article 9:
The author has the exclusive copyright to publish, broadcast, present and perform the work and has the right to enjoy economically and morally his name and his work.
Status of enjoying economical rights
Article 10:
The Author shall enjoy the provision of this Law as long as his work has not been published, printed or broadcast before Afghanistan in any other country.
Moral Rights
Article 11:
(1) The moral rights of the work are confined to the author and are non-transferrable.
(2) The author has the the following moral rights:
1- Mention or no mention of his/her name or his/her metaphorical name.
2- Ban on any kind of use from his/her work that negates the reputation and credibility of the author
3- Objection on any kind of alternation, change of form or possession of the work.
(3) Whenever an employee during the scope his/her employment creates a work using the facilities of the employer, the work belongs and is owned by the employer unless there has been a different agreement on that.
Cession or Transfer of Rights
Article 12:
(1) The author a work protected by the provisions of this law can transfer in writing the economic rights of his work to another person with the clear mention of the timeframe, modality of the transfer, purpose, place and amount of it.
(2) The author cannot stop the person whom he has transferred the rights, but can withdraw to publish or broadcast his work or can bring a change in that, in which case he has to compensate for the losses of the person whom he had transferred the rights previously.
(3) The honor of the moral rights enshrined in this Law shall be transferred to the legal inheritor of the author after his/her death. Where author dies without an inheritor, the rights shall be undertaken by the Ministry of Information and Culture.
(4) If the author advises in his testament for a certain date of his work to be published or not, his testament will be fully taken into account.
(5) If an author, his/her partners or one of his co-authors has no legal inheritor, the share of their economical rights shall be attributed to the Ministry of Information and Culture after their death.
Selling or cession of the original copy:
Article 13:
Sell or cession of the original copy of the work by the author shall not be considered as his rights transfer.
Publication of the work after the death
Article 14:
Whenever the inheritors or successors of the author do not publish the work and Ministry of Information and Culture deems this in the interest of the public, the Ministry shall notify the inheritors and successors in writing. If they do not publish the work in one year effective from the date of the notification, the Ministry shall issue the order to publish the work and shall pay a reasonable amount to the beneficiaries of the author/s.
Exclusive Right of Phonogram
Article 15:
The producer of the phonogram shall have the following exclusive rights:
1- Direct or indirect reproduction of the phonogram in different forms.
2- Leasing the copy of the phonogram.
3- Providing the phonogram through selling it.
Chapter Three:
Timeline to use the copyright
Timeline to protect the works
Article 16:
(1) Provision s in the article six of this Law shall be protected under the following circumstances:
1- Works published or broadcast during the life cycle of the author shall be protected fifty calendar years after his/her death unless the author has decided differently.
2- Joint works published or broadcast during the life cycle of the authors shall be protected for fifty years after the death of the last author.
3- Works published or broadcast with metaphorical (pseudonym) names shall be protected for fifty years after the first year of the publication. If the author is identified, the provisions of the clause 1 of this article shall apply.
4- Works not published during the life cycle of the author and in the case of the joint work, that have not been published during the life cycle of the last author, shall be protected for fifty years effective from the first year of publication and broadcast.
5- Audiovisual works shall be protected for fifty years effective from the first year of the publication or broadcast.
6- Photography and painting works shall be protected fifty years effective from the first year of publication and broadcast.
(2) Provisions of the article 15 of this Law for the publication of the audiovisual work in the case of not being publicized and broadcast, effective from the date of phonogram’s fixation shall be protected for fifty years.
Start Date of the timeline for the protection of the work
Article 17:
If the timeline of the protection starts from the date of the publication and broadcast, therefore the first date of the publication shall be the date for the protection timeline unless the author when reproducing the work brings fundamental changes in the work in way that results into a new work. If the work is consisted of several components or is published in different phases, the timeline for the protection shall be accounted for each component as a separate work.
Chapter Four
Rights of the Broadcasting Organization and the Performer of Work
Ownership of the work based on an agreement
Article 18:
If an author based on a contract creates a work for the owner of the broadcasting organization, the rights of this work belongs to the owner of the broadcasting organization unless the agreement states differently.
Reproduction
Article 19:
The broadcasting organization has the right to reproduce its publications; this right is reserved twenty years effective from the date of publication.
Obligations of the Broadcasting Organization
Article 20:
Broadcasting organization or other persons who print, publish, disseminate or replicate works enshrined in the article 6 of the this Law are obliged to record the number of publication, copies, records, disseminations, issue and serial number on the musical page and audio page with the date and name of the print house or broadcasting organization or firm accordingly.
Exclusive rights of the Broadcasting Organization
Article 21:
The broadcasting Organization has the following rights:
1- Reproduce a relevant publication
2- Public awareness.
3- Recording the relevant publications
4- Reproduction of the recorded relevant publications
Protection of the performer’s rights
Article 22:
Performer’s rights shall be attributed to him/her for fifty years effective from the first year of the performance of the work.
Chapter Five
Provisions on the use of a joint work
Use of the privileges of a joint work
Article 23:
(1) If more than one person has participated in the creation of a work, each one of them is entitled as the owner of the economical rights.
(2) Co-authors can use the economical rights of the work independently unless all co-authors have agreed differently in writing.
(3) Co-authors can take action against the violation of the copyright. This right is also transferrable to the inheritors of the co-authors.
(4) Disputes caused from the 1, 2 and 3 clauses of this article shall be settled by authorized courts.
Profit from a joint work
Article 24:
If a work has been created by more than one person and each one’s role is identified, each one of them can use their share without causing any damage to the profit of others, unless it has been agreed upon differently.
Exclusive Right of a joint musical work
Article 25:
(1) If a musical work is created due to a joint work, composer has the right to sanction the display, performance, publication, reproduction or replay of the whole work to the public, providing that he/she causes no damage to the right of the writing components of the author.
(2) Provision enshrined in the first clause of this article shall apply to the art works of Atan with music or other similar works.
(3) The author of the literal components of the work has the copyright of his components but he/she cannot use these components as a source or in other similar works unless there has been a different agreement.
Co-authorship of an Audiovisual Work
Article 26:
1-It includes the following individuals:
1. Author of the scenario or the written idea;
2. Author of the dialogue;
3. Editor of the existing literary Work, adapting it to the Audiovisual Work;
4. Composer of the music especially composed for the Audiovisual Work;
5. Producer, if he or she exercises an effective control and provides positive intellectual input to realize the Work in all its aspects.
6. Director
2-Where the Audiovisual Work is amended or extracted from another previous Work, the Author of the previous Work shall be considered as a co-Author of the new Work. His or her name shall be explicitly mentioned in reference to the amendment or extraction.
3- If any of the co-Authors of an audiovisual Work fails to complete his or her assigned part, the remaining co-Authors shall not be prevented from using the part already accomplished, notwithstanding his or her rights as a co-Author if his or her failure to complete the Work was justifiable. Where his or her failure was of his or her own free will, without justifiable reasons, he or she shall be deprived of any rights that may accrue to him by virtue of the part he or she has accomplished.
Concessionaire of Collective Work
Article 27:
If a work is created as a result of collective Work, the one who leads the work shall be considered the real concessionaire of the Work and reserves the copyright, unless otherwise agreed.
Non-prevention of Production or Display of Collective Work
Article 28:
If the Authors of a literary text, scenario and dialogue, and the Producer and music composer collectively create an Audiovisual Work, neither of them shall have the right to prevent the production or display of such Work, without prejudice to the moral and economic rights of the dissenter.
Chapter Six
Corrective Provisions
Court Proceeding
Article 29:
Court proceedings against the violators of the provisions of this law may take place on the basis of a written request from the individual whose rights have been infringed.
Right of referral to court
Article 30:
(1) Author/Owner of the right of the Work, protected by the provisions of this law, or any of his or her successors or hirers, can refer to the court to report violations of the terms of this law.
(2) The Court regarding the complaints mentioned in the (1) paragraph of this article and based on the circumstances, shall take one of the following decisions:
1. Grant injunctions to prohibit the committing of infringements.
2. Order the seizure of the infringing copies or any part thereof;
3. Seizure of infringing copies and implements used in the Reproduction;
4. Ordering the appropriate compensation.
5. Seizure of profits attributable to the infringement.
6. Ordering the destruction of piracy and illegal copies.
7. Ordering the ban and closing down the establishment engaged in infringement.
(3) A person committing one of the following acts may be sentenced to up to one year of imprisonment.
1- manufacture or imports of any devices or instruments and implements with an intention of using them to deactivate any devices or instruments preventing or limiting the Reproduction of a Work, a sound recording, or a broadcast, or if meant to undermine the quality of the Work.
2- Manufacture or import of any devices or instruments and implements with the intention of using them to enable the reception of codified programs broadcast or communicated to the public in any other way, including programs communicated through satellite, or if they facilitate such transmission to Person not entitled to receive such programs.
a. Broadcast, remove or modify of any electronic data relating to copyright without authorization of the owner
Penalties
Article 31:
(1)Any Person who publishes a Work he or she does not own, in the time frame mentioned in Article (19) of this law, without a certified written authorization from the Author of the Work, with a consideration of the circumstances shall be punished by imprisonment for a period up to one year or with a fine of not less than (50,000.00 Afs) and not more than (100,000.00 Afs), or by either punishment.
(2) Any Person who repeats broadcast and show of a Work or a part of a Work without a certified written agreement from the Performer of the Work, in the time frame mentioned in Article (22) of this law, with a consideration of circumstances shall be punished by imprisonment for a period up to one year or with a fine of not less than (50,000.00 Afs) and not more than (100,000.00 Afs), or by either punishment.
(3) Any Person who Publishes broadcasts, airs the translation of the Work under his own name or somebody else name, without a written agreement from the Author of the Work, with a consideration of circumstances shall be punished by imprisonment for a period up to one year and or with a fine of not less than (50,000.00 Afs) and not more than (100,000.00 Afs), or by either punishment.
(4) The amounts mentioned in paragraphs (1,2,3) of this article may be amended by a suggestion of the Supreme Court and approval of Council of Minister and endorsement of the President [of the Islamic Republic of Afghanistan].
Order of Confiscation
Article 32:
The court may, in the circumstances mentioned in Articles (30, 31) of this law, confiscate infringing copies of the Work and all implements and papers used in the Reproduction.
Sanctions of Infringing lateral Rights
Article 33:
Sanctions and conservatory measures mentioned in articles (30,31 and 35) of this law is also applicable for the violation of the lateral Rights.
Protection of Works Created before the Enforcement of this Law
Article 34:
(1) Works provided in Article 6 of this Law that have been produced before the enforcement of this law, shall be protected by the provisions of this law.
(2)Any Person who has used the Work of others without a written agreement up to the date when the enforcement of this Law began, he/she shall not have the right to publish, broadcast, perform, re-present, unless obtaining a written agreement from the producer or his legal representative.
(3)The violators of the provisions of paragraph (2) of this Article, with a consideration of circumstances, shall be punished by imprisonment for a period up to one year and or with a fine of not less than (50000.00 Afs) and not more than (100000.00 Afs), or by either punishment.
Broadcasting Order
Article 35:
In case of recurrence, the sanctions provided in Article 31, shall be doubled, and the Court may also order to Publicizing or broadcasting the judgment in one of mass-media chosen by and at the expense of the petitioner party.
Chapter Seven
Miscellaneous
Ownership Right
Article 36:
Total transfer of future Works shall be null and unacceptable.
Exclusive Right of publicizing and broadcasting correspondences
Article 37:
The Author shall have the exclusive right to publish his or her letters. However, he may not exercise such right without the permission of the recipient, where the Publication is likely to be prejudicial to the latter.
Publicizing/broadcasting picture or recording voice
Article 38:
(1) A Person who takes photographs, films, portraits or records voice of a Person shall be prohibited from publishing, displaying or distributing the original or copy of picture, film or voice record of the said person; this provision shall not apply if the Publication of the photograph or portrait was done on the occasion of a public event, or if relating to public figures or world known celebrities, or if authorized by public authorities for the public interest.
(2) The Person represented in the photograph, portrait, film, or recorded voice, may authorize its Publication in newspapers and magazines and other similar Publications or electronic transferors, without the authorization of the photographer, unless otherwise agreed.
Reproduce of work
Article 39:
(1) Reproduce of published Work is permitted by a natural person without the Author’s authorization provided that it is exclusively for the personal use, the followings are exceptions:
1- Reproduction of architecture Work in the form of a building or construction. R
2- Reproducing in copy form of copying documents (Reprography) or photography of all or an important part of book of musical Work.
3- Reproducing all or part of database digitally. Reproduction [adaptation] of a computer program mentioned in the (2) paragraph of this Article is not included.
(2) The Reproduction, in a single copy, or the adaptation of a computer program by the rightful owner of a copy of that computer program and publishing it shall be allowed for the purposes that follow:
1- For the use of computer programming and to an extent and purpose for which the program is designed.
2- For the purpose of archive and documenting [keeping documents] and papers or changing a rightful computer program, provided that the version of the computer program is destroyed, lost or unusable.
Situations of Use of work and adoption
Article 40:
(1) It shall be lawful to reproduce short Works or extracts of Works for teaching purposes in educational institutions the activities of which do not serve direct or indirect commercial gain, provided that:
1. The act of Reproduction is an isolated one occurring, if repeated, each occurring should be on separate and unrelated occasions.
2. There is no collective license available for Reproduction by a competent authority in the collective management of rights of which the educational institution is or should be aware.
3. The name of the Author and the title of the Work shall be indicated on all copies.
(2) Copying and replication of a Work for the purpose of using it, is lawful under the following conditions:
1. If the user does not make direct or indirect commercial gains.
2. Where the published article is a summary or an extract of the Work and Reproduction is to satisfy the personal needs, provided that:
- The library or archive makes sure that the copy will be used solely for the purposes of study, scholarship or research, and if repeated, each occurring should be on separate and unrelated occasions, and
- There is no collective license available for Reproduction by a competent authority in the collective management of rights of which the library or archive is or should be aware.
(3) The Reproduction is permitted where the copy is made with the aim of preserving the original copy or, when necessary, replacing a lost, destroyed or rendered unusable copy in the permanent collection of another similar library or archive, provided that:
-It is impossible to obtain such a copy under reasonable conditions;
- The act of Reproduction or photocopy is an isolated one occurring case.
Deposit Certificate
Article 41
(1)The Ministry of Information and Culture shall deliver to the Owners of rights or the Owners of Neighboring Rights a certificate, specifying the date of deposit, the subject matter and nature of the neighboring right and the name of the holder or Owner, subject to the payment of the required certification fees. Such certificate shall be an evidence of the authenticity of the data included therein.
(2) The fees for issuing deposit certificates mentioned in paragraph (1) of this Article shall be determined by a decision of the Councils of Ministers upon the proposal of the MoIC.
Public Broadcasting of Work
Article 42
The press or other information media may publish, without the authorization of the Author, speeches, lectures, as well as legal proceedings or similar Works displayed openly to the public, provided that the name of the author is clearly indicated.
Display of Work
Article 43
Musical bands or arms forces may, without the authorization of the Author, play or Perform published Work in as much as such playing or performance does not produce directly or indirectly any financial revenue.
Translation of Foreign Work
Article 44:
(1) Any Afghan citizen may obtain from the Ministry of Information and Culture a non-exclusive and non-assignable license for the translation of a foreign Work, published in a printed form or any other form, and for the Publication of this translation in a printed form or any other form, after three Years from the date of the first Publication of this Work and provided that no translation of this Work was previously published in the State by the owner of the translation right or with his or her consent or upon the depletion of the translated editions.
(2) Any Afghan citizen may obtain from the Ministry of Information and Culture a non-exclusive license to reproduce and publish any published Work according to the following conditions:
1- Broadcasted Work of poetry, theater, music or art book.
2-Lapse of seven Years from the first Publication of novel, or after five Years from the first Publication of all other Works
3- Copies of the Work were not distributed in the State to satisfy the needs of the public or for school or university education by the Owner of the Reproduction right by or with his or her consent and for a price similar to the prices of similar Works in the State, and
4- The published copy is sold according to the provisions of this paragraph for a price which is similar or less than the price provided for in Section (2) of this paragraph.
(3) The translation licenses provided for in paragraph (1) of this Article are granted for the purposes of school and university education or research, whereas Reproduction licenses, provide for in (2) paragraph of this Article are granted only for the use in school or university education.
(4) Where a translation or Reproduction license is granted, the Author of the original translated or reproduced Work shall be entitled to a fair compensation in conformity with the criteria of economic rights applied for voluntary licenses between Persons in the State and Persons in the Author's country.
(5) The conditions and procedure of grant of licenses, provided for in this Article, are regulated by the Ministry of Information and Culture in a separate regulation.
Protection of National Folklore
Article 45:
National folklore shall be the public property of the State, the Ministry of Information and Culture, shall protect National Folklore by all legal means.
Publisher of Work
Article 46:
The Producer shall always be considered the publisher of the Work and shall have all Publication rights of the tape and its copies. He or she shall act, during the period of exploitation of the tape, on behalf of the co-Authors of the Audiovisual Work and their successors, as to the terms of the display and exploitation of the tape without prejudice to the rights of the Author of the literary and musical Works in publishing their Works by other means, unless otherwise agreed.
Applicable Areas of this Law
Article 47
(1) The provisions of this Law shall apply to the following Works:
1-Work of Afghan Authors (Citizens of Afghanistan) or Afghanistan Permanent Residents.
2-Works, without a consideration of their Authors country of origin or residence, that are published and broadcast in an other country for the first time and it is published and broadcast in Afghanistan also within 30 days.
3-Audiovisual Works whose Producers have their headquarters or Permanent Office in the State [Afghanistan].
4-Architecture Works that have been produced in the State or any Artistic Work that have been composed inside a building or house in the State.
(2) The provisions of this Law shall apply to Works, performances, Phonograms or broadcasts in existence at the time of its entry into force, provided that the protection period had not lapsed under a previous legislation.
(3) The provisions of this Law shall not apply to contracts concerning Works artistic performances, Phonograms or broadcasts, which were concluded prior to its entry into force.
Formulation of Regulations and Procedures
Article 48
The Ministry of Information and Culture for the better implementation of the provisions of this Law, shall issue procedures, rules and regulations.
Date of Enforcement
Article 49
This Law shall enter into force as from the date of its Publication in the Official Gazette. Starting from its enforcement provisions inconsistent with this law shall be repealed.