Legislation
Laws
The Law of the Republic of Armenia "On Copyright and Related
Rights"
Chapter 3. Contiguous rights
Article 30. The subjects of contiguous rights
Performers, phonogram creators, broadcast organizers are considered to be subjects of contiguous rights.
Article 31. The order of the protection of contiguous rights
In the process of implementing their rights, performers should protect the copyright of the work. Phonogram creators and broadcast organizers are obliged to protect the rights of the authors and performers. Broadcast organizations are obliged to protect the rights of phonogram creators.
Observing formalities are not obligatory for the appearance and implementation of contiguous rights. For the purpose of protecting their rights, phonogram creators and performers can place the sign of the protection of contiguous rights on the phonogram or its packing material. The sign includes a Latin letter P in a circumference, the name of the owner of contiguous rights and the year of the phonogram publication.
Article 32. The conditions of the protection of contiguous rights
Performers’ rights are protected by this Law, if:
a) the performer is a citizen of the Republic of Armenia;
b) the first performance took place in the territory of the Republic of Armenia;
c) the performance is recorded on a phonograph, and the rights of the phonogram creator are protected according to the second part of this article;
d) the performance is recorded on a phonograph, but is included in the programs of a broadcast organization, and the rights of the latters are protected according to the third part of this article.
The rights of a phonogram creator are protected by this Law, if:
a) the phonogram creator is a citizen or a corporate body of the Republic of Armenia, or a person, living permanently in the territory of the Republic of Armenia;
b) the phonogram is published in the territory of the Republic of Armenia for the first time or within 30 days starting from the day of its publication elsewhere;
c) the phonogram was first fixed in the territory of the Republic of Armenia.
The rights of a broadcast organization are protected by this Law, if that organization owns a territory in the Republic of Armenia, granted officially to that organization with the purpose of broadcasting programs, and broadcasts the programs through transmitters located in the territory of the Republic of Armenia.
Article 33. Performer’s rights
The performer has an exclusive right to permit or to ban the public reports of his performances, recording on material transmitters his performances that hadn’t been recorded before, spreading them through sale or handing them to another person.
The performer’s exclusive rights may be transferred to other persons on a contractual basis. The contract indicates the ways of using and the terms of implementation, the amount and the order of paying a compensation, the terms of the validity of the contract, etc.
Article 34. The rights of a phonogram creator
A phonogram creator has the right to permit or to ban reproducing the phonogram, to spread it in the public, to protect the phonogram copies from importation, sale, copying and using otherwise.
The exclusive rights of a phonogram creator can be transferred to other persons on a contractual basis. The contract indicates the place and the ways of using the phonogram, the amount and the order of paying a compensation, the terms of the validity of the contract, using the phonogram, etc.
Article 35. The rights of a broadcast organization
A broadcast organization has the right to permit or to ban the public reproduction of the materials broadcast by the organization itself, recording, reproduction on material transmitters, and similar activities.
A broadcast organization has the right to get compensation in case its programs are being used.
Article 36. The restriction of the rights of a performer, a phonogram creator, a broadcast organization
Without the consent of the performer, the phonogram creator and the broadcast organization, and without paying a compensation, it is permitted to use the performance, the phonogram and the program of the transmission in an order, established by the articles 13-18 of this Law, if such a utilization doesn’t restrict in a groundless way the legal interests of the performer, the phonogram creator and the broadcast organization.
Article 37. Using the phonogram created for commercial purposes
Without the consent of the phonogram creator and the author of the performance recorded on the given phonograph, but on condition that a compensation is paid, it is permitted to use publicly the phonogram created for commercial purposes, as well as to broadcast it and transmit it through a cable television.
In case an agreement about compensation doesn’t exist, the appointed sum is distributed equally among the phonogram creator and the performer.
Article 38. The validity of contiguous rights
The property rights of performers are protected within 50 years after the first recording of the performance or the show. The personal non-property rights of performers are protected for an unlimited time.
The rights of a phonogram creator are protected within 50 years after the first publication of the phonogram, and if it hadn’t been published, the rights are protected within 50 years after the first recording or the first fixation.
The rights of a broadcast organization are protected within 50 years after the show is first broadcast or cable-transmitted.
The countdown of the terms, established by this Law, starts from January 1 of the year, following the juridical facts, indicated in the first, second, third parts of this article.
The successors of the performer, the phonogram creator and the broadcast organization, in an established order, obtain the right to permit or to ban using, playing the phonogram, broadcasting and cable-transmitting it, as well as to get a compensation within the terms established by this article.
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