(2022.08.15-ны өдрийн орчуулга) Unofficial translation
May 6, 2021 State Palace, Ulaanbaatar city
Article 1. Purpose of law
1.1. The purpose of this Law is to regulate relations related to exercising and protecting copyrights and related rights regarding to works of science, literature, and art, and establishing the legal framework for the use of works in order to support and develop creative products of culture and art.
Article 2. Legislation on copyrights
2.1. The legislation on copyrights is comprised of the Constitution of Mongolia, the Civil code, the Law on Intellectual Property, this Law, and other legislative acts enacted in conformity with them.
2.2. If an international treaty, to which Mongolia is party, stipulates otherwise than this law, then the provisions of the international treaty shall prevail.
Article 3. Scope of the law
3.1. This Law regulates relations related to the definition, implementation, protection of copyrights and related rights regarding to works of science, literature and art, as well as the establishment of the legal framework for the use of works and objects of related rights.
3.2. The protection of works of folk art shall not be regulated by this law and it shall be regulated by relevant laws.
Article 4. Definitions of terms
4.1. The following terms used in this law shall be understood as follows:
4.1.1. "author" means an individual who has created scientific, literary and artistic works as a result of his creative activity;
4.1.2. "copyright holder" means an author, or any other individual or legal entity who holds an exclusive right to exploit the scientific, literary, or artistic works as specified in this Law, or an individual and legal entity who received such rights from them;
4.1.3. "work" means a real result of author's creative production in scientific, literary or artistic field;
4.1.4. "derivative work" means a work that has been changed, adapted, translated, converted, summarized, compiled or modified in other forms of modification at the result of creative activity based on previously created works;
4.1.5. "Work of applied art" means an artistic expression of the work for household use created by handicraft or industrial methods;
4.1.6. "database" means creatively created systematic compilations of works and information other than computer programs that can be independently accessed in electronic or other network environments in accordance with the law;
4.1.7. "computer program/software" means work coded in a programming language, organized in a systematic manner with instructional components, designed to produce concrete results or perform task which can be utilized in a computer or other designated tools and equipment;
4.1.8. "related rights" means the rights of a performing artist, producer of a backing track/phonogram producer or broadcasting organization under this Law;
4.1.9. "holder of related rights" means individuals and legal entities that hold related rights as specified in this Law, or individuals and legal entities who received related rights from them;
4.1.10. "performing artist/performer" means any other person such as a singer, musician, actor, dancer, poet who acts, sings, plays, performs, dances, reads or otherwise performs literary or artist works or expressions of folklore;
4.1.11. "phonogram producer" means an individual or legal entity who created the initial recording of a performance, and/or other audio works, as well as their representations through their own initiative, and has the rights and responsibilities for those works;4.1.12. "producer of audiovisual work" means an individual or legal entity who plans and organizes audiovisual work through their own initiative, and has the rights and responsibilities for those works;
4.1.13. "broadcasting organization" means an entity providing broadcasting services specified in Article 4.1.17 of this Law;
4.1.14. "the object of related rights" means a live performance of a work, its recordings, phonograms and broadcastings;
4.1.15. "phonogram" means a recording of a performance or other sound, or a recording of their expression, other than a sound recording incorporated in a cinematographic or other sound visual work;
4.1.16. "audiovisual work" means a work created in such a way that a series of interrelated images can be viewed in an animated form, whether accompanied by sound or not, and can be heard if accompanied by sound;
4.1.17. "broadcasting" means a transmission of works, performances or phonograms to the public via wireless networks or via satellites, as well as transmission of encrypted signals by the broadcasting organization itself or with its permission with the possibility of decryption;
4.1.18. "multi-channel transmission service provider" means a legal entity that provides simultaneous transmission and placement of transmissions over wired, wireless or other communication networks in a certain range;
4.1.19. "duplication" means a duplicating works, recordings of performances, phonograms, and broadcastings in one or more numbers, directly or indirectly, in any way and in any form, as well as their temporary or permanent storage in electronic form;
4.1.20. "publication" means to be sold, rented, or borrowed to the public the physical copies of works and phonograms, with the permission of the relevant right holder, by duplicating them in the amount which is enough to meet for public needs, or made them available to the public by transferring the ownership and possession rights in other forms;
4.1.21. "distribution to public" means making it possible for the public to use the original copy of the work, or its copy, recording of the performance, or a physical copy of the phonogram, by selling it, or in other ways by transferring the ownership rights or importing it for the above purpose;
4.1.22. "rent" means the transfer of the right to use the original work or its duplicate, performance recording, or physical duplicate of the phonogram to others for a specified period of time for the purpose of making a profit;
4.1.23. "public performance" means a performing works other than visual works with sound directly or using any equipment and technical means for the public by acting, singing, playing music, reading, dancing, in a place where the public gathers outside the normal circle of family and close acquaintances and in the case of visual works with sound, to provide an opportunity to listen to the sound by displaying the image, and to provide an opportunity to listen to the sound recording in the case of phonograms;
4.1.24. "public display" means the presentation of the original work or its duplicate directly or in a way that can be viewed by the public through television, exhibition, auction, screen, or similar forms;
4.1.25. "making available to the public" means to allow the work to be played publicly, transmitted and published to the public, and/or provide with opportunity to be used by public in any other forms;
4.1.26. "transmission to public" means the delivery of a work or an object of related rights to the public in any form, at the time and in place of the user's choice via a wired or wireless network;
4.1.27. "simultaneous transmission" shall mean the transmission of broadcasts originally transmitted by a broadcasting organization through wired, wireless or other communication networks simultaneously and in full without any alterations;
4.1.28. "technological protection measures" means a security measures such as restriction of access, copying, transmission and public distribution, coding and encryption in order to prevent, control and protect the use of works and objects of related rights in the online environment without the permission of the author, right holder, and holders of related rights;
4.1.30. "collective management organization" means the legal entity specified in Article 3.1.3 of the Law on the Intellectual Property.
COPYRIGHTS PROTECTED WORKS, AUTHORS AND RIGHT HOLDERS
Article 5. Works subject to copyright
5.1. Regardless of the content, purpose, value, significance, and method of expression, scientific, literary, and artistic works created as a result of intellectual creative activity of the author are considered as the copyrighted works.
5.2. Copyrighted works shall be created in any objective form regardless published or disclosed to the public.
Article 6. Works protected by copyright
6.1. The following works shall be protected by copyright:
6.1.1. all types of scientific and literary works in verbal and written form;
6.1.2. all types of musical works regardless of incorporation of lyrics;
6.1.3. all types of sculpturing, graphic and drawing works as well as their blueprints and plans;
6.1.4. architecture, parks, green structures, complexes and other architectural works;
6.1.5. all types of works of decorative, applied art, stage decorations and well as their blueprints and plans;
6.1.6. all types of works related with dancing, acting, contortion, pantomime and any other performance for theatrical arts;
6.1.7. photographs and other works created through an analogical manner;
6.1.8. all types of cinematographic and audiovisual work;
6.1.9. scientific and technical descriptive drawings, including maps, atlases and architectural design, sketch, schematic, diagrams, and three-dimensional representations;
6.1.10. computer programs;
6.1.11. derivative works;
6.1.13. dictionaries, reference books, anthologies of texts, anthologies and collections that are created as a result of creative activity through the selection and placement of materials and are considered as works according to their structure and content.
6.2. The author of the work specified in Articles 6.1.11, 6.1.12, and 6.1.13 of this law shall be responsible for not violating the copyright of the author of the original work.
Article 7. Works not protected by copyright
7.1. The following works shall not be protected by copyright:
7.1.1. legislation, administrative norm acts, and other legal acts;
7.1.2. decisions and official documents of state administrative authorities and legal entities;
7.1.3. court decisions, judgments, decrees, judge's ordinance, speech at court hearings;
7.1.4. official translations of documents stated in Articles 7.1.1, 7.1.2, and 7.1.3 of this law;
7.1.5. state emblems, coat of arms, flags, government awards, orders, medals, currency and other payment instrument;
7.1.6. any news and information which transmit the simple facts and data created for the purpose of reporting the current events and results;
7.1.7. any ideas, operating methods, operations, scientific discoveries, theories, abstract concepts and mathematical theorems.
Article 8. Person be entitled to hold a copyright
8.1. The following person shall hold the copyright;
8.1.1. citizen of Mongolia, and foreign citizen and stateless person with permanent residence in Mongolia who created work regardless of whether his/her work is published or not;
8.1.2. A foreign citizen or stateless person who published his/her work in Mongolia at the first time or a foreign citizen or stateless person who published his/her work in Mongolia within 30 days after the date of the first publication of his/her work in another country;
8.1.3. author and right holder of Mongolia's international treaty on copyright;
8.1.4. producer of audiovisual works who permanently resides in Mongolia or whose general administration is located in the territory of Mongolia;
8.1.5. authors who placed their architecture, parks, green structures, complexes and other architectural works permanently in the territory of Mongolia;
8.1.6. individuals and legal entities that have exclusive rights to use copyrighted works in accordance with legislation on copyrights law.
8.2. For the copyright of works published under pseudonyms or anonymously, a copyright belongs to the person who created them.
Article 9. Co-authorship
9.1. Co-authors mean two or more persons who produced a work by their joint creative efforts for a common purpose.
9.2. Copyright in a joint work shall vest in the co-authors jointly, if stated in the agreement the individual author shall have the exclusive right to exploit each part of the joint work created by him/her.
9.3. Unless otherwise stated in the agreement, an individual or legal entity who manage or organize the creation of joint work such as dictionaries, journals, scientific journals, newspapers and directories shall be entitled the exclusive rights for the exploitation of that copyrighted joint work.
9.4. The implementation and transfer of exclusive rights on exploitation of joint work shall take place with the consent of all co-authors unless otherwise stated in the law and agreement, the consent shall not be declined for without reasonable grounds.
COPYRIGHT AND ITS TERM
Article 10. Establishment and certification of copyright
10.1. Copyright in scientific, literary and artistic works shall arise from the moment the work is actually created and acquired a material form.
10.2. In the absence of documents proving the authorship, the author whose name is indicated on the original work or copies thereof shall be considered as the author.
10.3. In order to have his rights recognized, the right holder may use a copyright sign indicating that the copyright is protected for the purpose of publicizing his rights.
10.4. The copyright sign stated in Article 10.3 may be expressed in following forms:
10.4.1. Latin letter "C" or in circle or the symbol ©;
10.4.2. the name of the right holder of exclusive rights;
10.4.3. the date of initial publication;
Article 11. Author's rights
11.1. The author shall have moral and exclusive rights of property in respect of his/her work.
Article 12. Author's moral rights
12.1. The author shall be entitled to the following moral rights in respect of his work:
12.1.1. to publish his/her work under his/her real name, a pseudonym or anonymously;
12.1.2. it shall be prohibited to alter or disclose an author's pseudonym without author's consent;
12.1.3. to require author's name to be mentioned whenever author's work is published or exploited;
12.1.4. It shall be prohibited to modify, alter or change a work or its title in any manner or form without the author's consent and in a manner that may damage reputation.
Article 13. Author's exclusive rights of the property
13.1. An author shall have exclusive rights over the exploitation of his/her work /hereinafter referred to as "exclusive right to use the work"/ in any manner or form.
13.2. The exclusive right to use an author's work includes the following rights:
13.2.2. distribution to public;
13.2.3. transmission to public;
13.2.4. public performance;
13.2.5. public display;
13.2.7. alteration of work to derivative work.
13.3. The right specified in Article 13.2 of this law shall be prohibited to be implemented by others without the author's consent.
Article 14. Term of copyright protection
14.1. The term of copyright protection work shall begin from the date of its creation or its publication.
14.2. The term of moral rights of an author has no time limitations.
14.3. Exclusive rights to use the work shall be enforced during the lifetime of the author and for 50 years after December 31st of the year following the author's death.
14.4. Exclusive rights to use the work of applied arts shall be enforced until December 31 of the 25th years from the date of creation of work.
14.5. Exclusive rights to use the work created under a pseudonym or anonymously shall be valid until for December 31st of the 50th year after the first publication of the work.
14.6. If the name of the author of a work specified in Article 14.5 of this law is disclosed to the public or revealed themself, the term of copyright shall be determined in accordance with Article 14.3 of this law.
14.7. Copyright protection for joint works shall be enforced during the lifetime of the co-authors and for December 31st of the 50th year of the death of the last author.
14.8. In the event that the exclusive right to create a work or to use a work is transferred to a legal entity in accordance with official duties under the agreement, the exclusive right to use the work is valid until December 31, 50th year after the first publication of the work. If the work has not been published within 30 years from the date of its creation, the exclusive right to use the work is valid until December 31 of the 50th year from the date of its creation.
Article 15. Succession of copyright
15.1. The author's exclusive rights to use the work shall pass to his/her heirs in accordance with the rules set forth in the Civil Code of Mongolia.
15.2. Succession of exclusive rights in joint works shall start on the day of death of the last surviving author.
15.3. The exclusive rights of the heir for the works shall be enforced for 50 years after January 1st of the year following the death of author.
15.4. Moral rights shall not be inherited.
15.5. The heir or successor of the exclusive right to use an author's work has the right to object to the use of an author's work in ways that defeature or distort it or damage the author's reputation.
15.6. If the heir is unknown or the heir renounces the inheritance, the exclusive right to use the work belongs to the state administrative body in the charge of intellectual property matters.
Article 16. Transfer of the exclusive rights
16.1. The rights stated in Article 13.2 of this law shall only be transferred to others as specified in law and on the basis of an agreement made in written form.
16.2. The right to grant permission for the use of works, provided for in Article 15.6 of this Law, may be transferred to the relevant organization at the request of the relevant state or local bodies.
PARTICULARITIES OF COPYRIGHTS IN CERTAIN WORKS
Article 17. Copyright in derivative works
17.1. Author of the derivative work shall obtain the written consent from the author of the original work in order to create a derivative work.
17.2. Unless otherwise provided by law or agreement, the copyright in a derivative work shall not prevent other authors from creating other derivative works based on the original work.
17.3. Authors of the derivative work shall retain the copyright in case of the copyright in the derivative work shall not prejudice copyright in the original work.
17.4. Author of a derivative work owns the copyright to a derivative work created on the basis of a work of folk art.
Article 18. Copyright on collection works and other compilations
18.1. In accordance with Article 6.1.13 of this law, collection works and compilations shall be created on the basis of the written consent of all authors involved in the original works to the individual compiling the works.
18.2. Unless otherwise provided by law or agreement, the author of original works incorporated in collected works and compilations shall have a right to freely use his/her own work regardless of such collected works and compilations.
18.3. Authors of the collected works and compilations shall retain the copyright in case of the copyright in the collected work and compilations shall not prejudice copyright in the original work.
Article 19. Copyright in a work created in the course of execution of employee's duties
19.1. The author of a work created in the course of execution of his/her duties shall enjoy moral rights over his/her work.
19.2. The employer shall have the exclusive rights over the exploitation of the work created as part of the exercise of employee's duties unless otherwise provided in the agreement.
19.3. The fact of the work created as part of the exercise of employee's duties shall be reflected in the employee's job description or in the agreement made between the employer and the employee.
19.4. In case of creation or content of the work does not encompass in the employee's job description or in the agreement, the employee shall enjoy the exclusive rights to use his/her created work.
19.5. Unless otherwise provided in the agreement, if employer has been used employee's work created as part of his labor duties, besides his principal activities, the employee shall be entitled to a portion of the income generated, in accordance with the Article 19.2 of this law.
Article 20. Copyright in a Commissioned works
20.1. The author of a commissioned work shall enjoy moral rights over his/her work.
20.2. As stated in the agreement for a commissioned work, the author shall undertake duties to create and submit a work and the client/person commissioning the work shall undertake duties to pay the remuneration to the author.
20.3. The exclusive right to use the work belongs to the author, unless the agreement provided for in Article 20.2 of this Law provides that the client has the exclusive right to use the work created under commission.
Article 21. Copyright in cinematographic and audiovisual works
21.1. The author, director, composer, cinematographer, painter, costume designer, and other authors involved in the creation of a cinematographic and audiovisual works shall be the authors of each of their contributions.
21.2. The exclusive rights over the exploitation of cinematographic and audiovisual works shall belong to the producer unless otherwise provided in the agreement.
21.3. In case of using pre-existing works in cinematographic and audiovisual works, the consent shall be obtained from the copyright holder of the original works.
21.4. Unless otherwise provided by law or contract, the author has the exclusive right to use the work, provided that the author's contribution can be used separately from the cinematographic and audiovisual works.
21.5. The conditions to pay a compensation to the authors of cinematographic and audiovisual works shall be determined in the agreement stated in Article 21.2 of this law.
Article 22. Copyright in computer program
22.2. The program is created for the first time or is an original work, it is protected under this law.
22.3. The employer shall enjoy the exclusive rights for the exploitation of work created in the course of an employee's duties unless otherwise provided in the agreement. Copyright in commissioned computer program/software shall belong to the client unless otherwise provided in the agreement.
22.4. A legal user has a right to reproduce/duplicate, translate, alter or transform computer program in the following cases without the permission of copyright holder and without additional payment:
22.4.1. make the program available for installation on devices and in other ways;
22.4.2. use for the purpose of corrective work on program;
22.4.3. use a backup version in case the program is lost or removed and becomes unusable;
22.4.4. research and test the structure of the program, and main functions of its operation principles.
22.5. A legal user has the right to copy and translate a computer program for the purpose of creating independent programs or for compatibility with other programs without the permission of the copyright holder and without additional payment, subject to the following conditions:
22.5.1. lack of prior access to information required for the creation of an independent program;
22.5.2. limited access to sections of original software required for the creation of an independent program.
22.6. The utilization and disclosure to third parties the information gathered according to the Article 22.5 of this law for purposes other than the creation of an independent software or enhancing software compatibility, as well as the development, alteration, and reproduction of the work similar to the original software, or making profit from it shall be prohibited.
Explanation: "Legal user" stated in this Law shall mean a person who has obtained the consent from the copyright holder for the exploitation of computer program/software and databases in accordance with this Law.
Article 23. Copyright of databases
23.1. The person who created the database, or copyright holder, loses the right to distribute copies of the database in case of transfer of rights.
Article 24. Rights and responsibilities of the user of databases
24.1. If the person who created the database lawfully distributed the database to the public, the legal user is responsible for non-infringement of the copyright and related rights to the works contained in the database when using the database.
24.2. The legal user of database shall not impede the rights and legal interests of the creators of a database or the normal operation of the database.
24.3. The legal user with permission to use specific sections of databases shall only be entitled to utilize those sections.
24.4. Exploitation and development of databases for the provision of public safety and the operation of state authorities shall not be deemed as infringement of the exclusive rights of the work.
24.5. Reproduction, systematically uploading, or development of some part of information of database inconsistent with the rights and legitimate interests of the person who created a database shall be prohibited.
Article 25. Copyright in fine art works
25.1. If the author of a work of fine art or sculpture and other works transferred an ownership of the original copy of such work to others, the exclusive right to use the work, except for the right to publicly display the work, shall not be transferred to the new owner of the work. Other exclusive rights to use the work shall be obtained from the copyright holder in accordance with the procedure specified in this law.
25.2. If the person who purchased a work of fine art or sculpture is going to re-sale the work, he/she shall be obliged to pay at least 5% of the sold amount to the author of such work.
HOLDERS OF RELATED RIGHTS, THEIR RIGHTS AND TERM
Article 26. Person be entitled to related rights
26.1. The following persons shall be entitled to related rights:
26.1.1. A performer who performed in the territory of Mongolia, whose performance was recorded in phonograms protected under this Law, and whose performance was not recorded in phonograms, but whose performance was broadcasted, as well as for the audiovisual work, a citizen of Mongolia or a foreign citizen who permanently residing in the territory of Mongolia, a stateless performer;26.1.2. The creator of a phonogram who is a citizen of Mongolia, and in the case of a phonogram is first recorded or is first published in the territory of Mongolia, a creator of such phonogram;
26.1.3. A broadcasting organization the headquarters of which are located in the territory of Mongolia, broadcasting organization that broadcasts from a transmitter located in the territory of Mongolia;
26.1.4. A member country of an international treaty to which Mongolia is a party in regards with protection of related rights, or a holder of the related rights of a country that has signed a bilateral international treaty with Mongolia on the protection of related rights;
26.1.5. Individuals and legal entities possessing the exclusive right to use the object of related rights subject to legislation on copyrights.
26.2. The holder of related rights shall enjoy the rights specified in Chapter Five of this Law without prejudice to the rights of the author of the original work and the copyright holder on the basis of permission.
26.3. Establishment, protection and enjoyment of related rights shall not be subject to any formalities of registration.
Article 27. Rights of the holders of related right
27.1. Related rights shall encompass the following rights:
27.1.1. moral rights of the performer and exclusive rights to use live performances and their recordings;
27.1.2. exclusive right of a phonogram producer to use phonograms;
27.1.3. exclusive rights of a broadcasting organization to use broadcasting.
Article 28. Performer's right
28.1. Performer shall be entitled to the following moral rights over their performance:
28.1.1. having their name mentioned during performance;
28.1.2. use of stage name;
28.1.3. prohibition on modification, change or distortion of the performance in any way or form without permission of performer or/and in a manner that damages his/her reputation.
28.2. Performers shall be entitled to the exclusive rights to authorize the following activities in relation to their performance:
28.2.1. to record their performance;
28.2.2. to live broadcast or otherwise transmit the performance to the public.
Explanation: "Transmit" as stated in Article 28.2.2 of this Law does not include the broadcasting or transmission to public of a recording of a performer's performance with the permission of the performer, or simultaneous transmission of a performance with the permission of the broadcasting organization that originally broadcasted the live performance.
28.2.3. to directly or indirectly copy the recording of the performance in any way and in any form;
28.2.4. to distribute recording of the performance or its copy to public;
28.2.5. to rent recording of the performance or its copy to public;
28.2.6. to allow public use of performance recordings in any form via a wired or wireless network in such a way that the user can access them at any time and in any place of his choice.
28.3. The right of public distribution specified in Article 28.2.4 of this Law does not apply to copies of recordings of performances that have already been sold or the ownership of which has been transferred with the permission of the performer.
28.4. The implementation by others of the exclusive rights, stated in Article 28.2 of this law, without the consent of the performer or a person who has been received those rights is prohibited.
28.5. The employer shall enjoy the exclusive rights for the exploitation of performances made during the course of an employee's duties, unless otherwise stated in agreement.
28.6. If the performer agrees to record his/her performance in audio visual recording and unless otherwise provided in the agreement, the exclusive right to copy, distribute, rent or allow the user to access the recording in any form via a wired or wireless network at a time and place of his choice shall be owned by the producer of the audio-visual work and he/she shall pay reasonable fees to performers from the proceeds of the exercise of these rights.
28.7. Unless otherwise stated in an agreement, a person shall provide compensation to the performer in order to facilitate public distribution of the performance.
28.8. The performers shall not prejudice other's copyrights in carrying out their rights stated in Article 28.2 of this law.
Article 29. Rights of phonogram producers
29.1. Phonogram producers shall be entitled to the exclusive rights to approve the following activities in relation to their phonograms:
29.1.1. to make duplication of the phonogram;
29.1.2. to distribute the phonogram to public;
29.1.3. to rent the copy of phonogram;
29.1.4. to transmit phonogram to public.
29.2. The implementation by others of the exclusive rights stated in Article 29.1 of this Law shall be prohibited without the authorization of the phonogram producer or person who has received the right from the phonogram producer.
29.3. If a phonogram is published for commercial purposes or a copy of the phonogram is used in a broadcast, otherwise publicly transmitted or publicly performed, the user must pay the phonogram producer a reasonable one-time fee for the performer and the phonogram producer.
29.4. Unless otherwise stated in the agreement, the phonogram producer shall pay the performer 50 percent of the remuneration specified in Article 29.3 of this Law.
29.5. The right to receive remuneration specified in Article 29.3 of this Law shall be valid for 50 years, starting from January 1 of the year following the year of the first publication of the phonogram.
29.6. For the purposes specified in Article 29.3 of this Law, the provision for public use of phonograms in any form using wired or wireless networks in a way that can be accessed by the user at any time and in a place of his choice is considered to be published for commercial purposes.
29.7. The Article 29.3 of this Law does not apply to phonogram producers using phonograms within the scope of exclusive rights stipulated in Article 29.1 of this law.
29.8. Unless otherwise stated in the agreement, any person is obliged to pay a reasonable remuneration to the phonogram producer for the public performance of the phonogram at a certain frequency.
29.9. The phonogram producers shall not violate other's copyright when enforcing their rights stated in Article 29.1 of this law.
Article 30. The rights of broadcasting organization
30.1. Broadcasting organization shall enjoy the exclusive rights to authorize the following activities in relation to their broadcasting:
30.1.1. to record their broadcast;
30.1.2. to make duplication of their broadcast;
30.1.3. to transmit their broadcast simultaneously;
30.1.4. to distribute the broadcast.
30.2. The implementation by others of the exclusive rights stated in Article 30.1 of this law without the consent from the broadcasting organization or the person who has received the rights from it is prohibited.
30.3. The rights specified in Article 30.1 of this Law do not apply to multichannel transmitters.
30.4. The broadcasting organization shall not violate the other's copyright when enforcing their rights stated in Article 30.1 of this law.
Article 31. Protection term of related rights
31.1. The period of protection of the related rights, except for the moral right of the performer, specified in Article 28.1 of this Law, shall be calculated from the following time depending on the type of object of the related right:
31.1.1. the year in which the performance was performed by the performer or the recording of the performance was published;
31.1.2. for phonogram producer, published year of the phonogram or if not published, the year of creation of the phonogram;
31.1.3. for broadcasting organization, the year of broadcasting.
31.2. Protection term of related rights shall be enforced for 50 years after January 1st of the year following the period stated in Article 31.1 of this law
Article 32. Use the object of the related rights
32.1. The object of the related right of the persons entitled to related rights and right holder specified in Article 26.1 of this law may be used by others under the transfer of rights agreement or a license agreement.
Article 33. Transfer of rights agreement and License Agreement
33.1. The related rights may be transferred fully or partially to other persons on the basis of agreement. The right transfer agreement shall meet the requirements stated in Articles 35 and 36 of this law.
33.2. The exclusive rights of related rights may be exploited fully or partially by other persons on the basis of a license agreement. The license agreement shall meet the requirements stated in Articles 35 and 37 of this law.
Article 34. Limitation of related rights
34.1. Without prejudice the rights and legal interest of the persons entitled to hold related rights and right holders of the related rights stated in Article 26.1 of this law, the object of related rights may be exploited without the consent or compensation by other person on the basis of Articles 38, 39, 40, 41, 42, 43, 44, 45, and 46 of this law.
34.2. In case of exploitation of the object of related rights in accordance with Article 34.1. of this law, the origin source of the object of related rights shall have mentioned.
CONDITIONS FOR USE OF WORK
Article 35. The exploitation of copyrighted work
35.1. The author or right holder of copyright shall be exploited the work by other persons on the following forms:
35.1.1. transfer of exclusive rights to use the work;
35.1.2. use under license agreement;
35.1.3. others specified in the law.
35.2. The state administrative body in charge of intellectual property matters (hereinafter referred to as "intellectual property organization") shall authorize the exploitation of work in instances where the author or copyright holder cannot be determined.
35.3. After the identification of the author and the copyright holder specified in Article 35.2 of this Law, if the work is used for a fee, the intellectual property organization shall reimburse the author and the copyright holder for the appropriate percentage of the payment amount.
35.4. The regulation regarding the compensation to the author or copyright holder as stated in the Article 35.3 of this law shall be adopted by the Government.
Article 36. Transfer of rights agreement
36.1. The exclusive rights to use the works may be assigned to others fully or partially on a basis of the agreement.
36.2. The agreement stated in Article 36.1 of this law shall be established in written form and shall include the following provisions:
36.2.1. name and description of the work;
36.2.2. if the exclusive right to use the work has been partially transferred, the transferred right;
36.2.3. payment amount and terms of payment;
36.2.4. rights and responsibilities of author, right holder of copyright;
36.2.5. rights and responsibilities of the persons to whom the rights are being transferred;
36.2.6. liability for failure to fulfill agreement obligations;
36.2.7. regulation on dispute resolution.
36.3. Exclusive rights not explicitly stated in the transfer of rights agreement shall remain with the author or right holder of copyright.
36.4. Unless otherwise stated in the agreement, the assignment of the original work or its copies to other person by the author shall not constitute a transfer of the exclusive rights for the exploitation of the work.
Article 37. License Agreement
37.1. In accordance with Article 35.1.2 of this law, the exclusive rights in work may be exploited through a licensing agreement as follows:
37.1.1. a non-exclusive license agreement under which the right holder of copyright does not restrict the simultaneous use of the work by third parties;
37.1.2. an exclusive license agreement under which the right holder of copyright does not allow the simultaneous use of the work by third parties.
37.2. The agreement stated in Article 37.1 of this law shall be established in written form and shall include the following provisions:
37.2.1. name and description of work;
37.2.2. type of license agreement and type of rights granted by this license;
37.2.3. whether the granted rights can be re-transferred;
37.2.4. the term, conditions, territory for exploitation right of the work which is granted;
37.2.5. amount of compensation for the exploitation of work, payment conditions;
37.2.6. rights and responsibilities of the licensor;
37.2.7. rights and responsibilities of the licensee;
37.2.8. liability for failure to fulfill agreement obligations;
37.2.9. regulation on dispute resolution.
37.3. For non-exclusive license agreement, an information about other licensee may be provided by the licensor or right holder of copyright to licensee upon request.
37.4. Exclusive rights have not explicitly stated in the non-exclusive licensing agreement and exclusive license agreement shall remain with the author or right holder of copyright.
37.5. The amount of royalties may be determined by the negotiated total amount or unit amount depending on the nature, characteristics, uniqueness and benefit of the work or form, size and duration of the exploitation of the work.
37.6. If the amount of royalty established on a unit basis in accordance with Article 38.5 of this law, the author or right holder of copyright has the right to demand information on the proceeds and sale of work from the licensee.
Article 38. Limitations to copyright
38.1. The following circumstances where the works were used without contradicting the normal exploitation of works and without affecting the rights and legal interests of the right holders shall not be deemed as copyright infringement:
38.1.1. to quote and use parts from works in order to prepare a news for public;
38.1.2. to quote from and to use parts of works for research, training and criticisms;
38.1.3. to use works for the needs of the blind, deaf, visually impaired, or hearing impaired, or print impaired people;
38.1.4. partial use of works stored in archives, museums and libraries;
38.1.5. partial use of works for private use;
38.1.6. to cite the work;
38.1.7. to use the work for the purposes of public security;
38.1.8. to duplicate works for internal purpose of criminal, civil, administrative procedures and infringement proceeding;
38.2. The following conditions shall be met when the exploitation of the wors as specified in Article 38.1 of this law:
38.2.1. the name of the author and source shall be mentioned when work is used;
38.2.2. the use of work based on non-profit purpose;
38.2.3. the exploitation of work shall meet with fair use and extent shall meet with the purpose of use;
38.2.4. no economic impact on market of the work.
Article 39. Partial exploitation of work for news
39.1. The partial exploitation of work for the purposes of news for public shall mean as follows:
39.1.1. the partial exploitation from published work in order to prepare a press review;
39.1.2. to publish, distribute, transmit or simultaneously transmit in newspapers or magazines for public information purposes the works already published in press or broadcasted through media on current economic, social, legal, political and religious issues, if the reproduction of such works is not specifically prohibited and;
39.1.3. for the purpose of informing the public, usage of the contents of speeches, presentations, and lectures presented during the meetings and assemblies in daily newspapers, and usage of speech during court proceedings and at court hearings;
39.1.4. in order to report events to the public, to use works of architecture, fine arts and photography located in public streets and places in order to show the surrounding areas of events, and transmit to the public through social media for the purpose of promoting the sale of works of art and the exhibition of works of fine arts.
39.2. When the work is used in part for public information purposes, citations shall be required to quoted.
Article 40. Partial exploitation of works for academic, research or teaching purposes
40.1. Partial exploitation of work for the purposes of academic, research or teaching purposes shall mean as follows:
40.1.1. partial use and citating of published works for the purpose of conducting scientific research, creating scientific papers and writing reviews;
40.1.2. partial exploitation of work through recording, writing and displaying in the training material for the purposes of teaching or in connection with curriculum.
Article 41. Exploitation of the work for needs of the blind, deaf, visually impaired, or hearing impaired, or print impaired people
41.1. The alteration and duplication of work in accessible format and cross border exchange of that accessible format copies, distribution and making them available to the public in order to ensure the right to education, to conduct research and receive an information of the blind, deaf, visually impaired, or hearing impaired, or print impaired people shall be permitted to take place without the permission of or compensation to the author.
41.2. The adaptation and duplication of work in accessible format copies shall be used by the blind, deaf, visually impaired, or hearing impaired, or print impaired people, and adaptation of the original work for their needs must respect the integrity of the original work.
41.3. Non-profit organization (hereinafter referred to as "authorized entity") recognized by the government to provide the education, instructional training, library services and information access to the blind, deaf, visually impaired, or hearing impaired, or print impaired people.
41.4. The activity related with duplication and conversion of work in accessible format copies for the blind, deaf, visually impaired, or hearing impaired, or print impaired people of the authorized entity stated in Article 42.3 of this Law shall meet the following conditions:
41.4.1. to have the legal right to copy, distribute or transmit the work or its copy by converting it into an accessible form;
41.4.2. to not make any changes other than those necessary to bring any work into an accessible form;
41.4.3. adapt the work to its specific needs when converted to an accessible format;
41.4.4. the activity is undertaken on a non-profit basis.
41.5. If the authorized entity meets the requirements specified in Article 41.4 of this Law, it has the right to conversion of work in accessible format copies without the permission of the right holder of copyright, as well as receive, transmit and distribute a copy from other competent authorities.
41.6. State authorities and authorized entities undertaking the activity to serve the blind, deaf, visually impaired, or hearing impaired, or print impaired people, or officials of this organization shall be entitled to permit the activities such as converting the works in an accessible format, make copy of that format, cross border exchange, receive or distribute and supply those copies to beneficiary persons, in order to support their education, to make library materials accessible through technological means and use them for teaching, to use the works in the classroom, to display them, and to partially use the works for distance learning.
Explanation: "accessible format copy" in this law shall mean a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as the blind, deaf, visually impaired, or hearing impaired, or print impaired people.
41.7. For the purposes specified in Article 41.1 of this Law, if an authorized entity applies for an electronic copy of a work, the organization or individual that has the electronic copy shall be obliged to provide it without any hindrance.
Article 42. Partial exploitation of works stored in archive, museum and library resources
42.1. Partial exploitation of works stored in archive, museum and library resources without the authorization of author or without compensation shall be permitted in following conditions:
42.1.1. partial duplication from works stored in archive, museum and library resources for the purposes of training, analysis and scientific research;
42.1.2. copying published works, converting them into a special format, or converting them into digital format for the purpose of preservation of single copies and rare old works stored in archives, museums, libraries, or if it is considered impossible to restore copies of damaged, worn out, destroyed or stolen works;42.1.3. making a partial duplication from the same type of work stored in archives, libraries, or museums for the purpose of replacement if the work stored in archives, museums, and libraries is destroyed, damaged, unusable, lost, or if a copy of the work cannot be obtained by other acceptable methods;
42.1.4. creating an electronic database to facilitate searches and analysis of works stored in the library resources.
Article 43. Partial exploitation of works for private use
43.1. Except for the provisions of Article 43.2 of this Law, an individual may duplicate a work in the public domain without the intention of making a profit for the use of his/her private use and/or his/her family use without the permission of the right holder of copyright and without compensation.
43.2. The conditions specified in Article 43.1 of this Law shall not apply to the duplication of the following works:
43.2.1. architectural works with houses and buildings;
43.2.2. computer programs;
Article 44. Taking references from work
41.1. The taking of references from work shall not over step the purpose of the reference and shall not prejudice the rights and legal interests of the author or right holder of copyright.
Article 45. Exploitation of work for the purposes of providing public safety
45.1. The duplication, distribution and transmission of the copyrighted works for the purposes of exploitation in the operations of entities responsible for providing public safety, legislative, executive and judicial organizations proceeding, without the authorization of or compensation to the author or right holder shall be permitted.
Article 46. Limitations on the copyright of structures, statues and architectural works
46.1. Structures, statues and architectural works may be exploited in the following conditions without the authorization of or compensation to the author or right holder:
46.1.1. to display them to public by making a duplication of the works of architecture, fine arts and statues located in public places permanently, and by filming or photographing them;
46.1.2. the exploitation of architectural drawings/blueprints, models, and schemes for restoration of such buildings and facilities.
46.2. The Article 46.1.1 of this law shall not grant a right to reproduce an identical structure, statue or architectural creation directly or indirect way for commercial purposes. .
COPYRIGHT PROTECTION ORGANIZATION
Article 47. Collective management organization
47.1. Collective management organizations shall meet the requirements as follows:
47.1.1 be a non-profit legal entity;
47.1.2 right holders of copyright and related rights holders must be included in membership;
47.1.3 to possess written authorization for representing the interests of holders of copyright and related rights;
47.1.4. to have clear and accurate management and organizational structures for royalty collection, assimilation and allocation methods in addition to the implementation and protection of the rights of its members;
47.1.5. the management team and relevant employee received up to 40 hours of training on the protection of copyright and related rights.
47.2. The collective management organization when registering with the intellectual property organization shall prepare the following documents:
47.2.1. charter of the collective management organization and founder's agreement;
47.2.2. information on the founders, board of directors, name, address, and numbers of members with any other relevant information;
47.2.3. information on the management team of the collective management organization, and name and address of executive director;
47.2.4. proposed royalty for the exploitation of work;
47.2.5. regulations on the collection and allocation of royalty;
47.2.6. list of copyrighted work and objects of related rights of the members and an inventory of registered work;
47.2.7. proposed action plan for the successful implementation and protection of copyright and related rights (e.g., income, expenditure, organizational structure) for period of 3 years.
47.3. The intellectual property organization may refuse to register the collective management organization in case of non-compliance with the requirements set out in Articles 47.1 and 47.2 of this law, incomplete, documents forged or Copyright and Related rights Council /hereinafter referred to as "Council"/ issued the decision that there is a lack of grounds for the proposed list of royalty for the exploitation of work.
47.4. The Council shall approve the list of proposed royalty for the exploitation of work stated in Article 47.2.4 of this law.
47.5. The training specified in Article 47.1.5 of this Law shall be organized by an intellectual property organization and a legal entity authorized by it. The procedure for organizing training shall be approved by the head of the intellectual property organization.
Article 48. Operations of Collective management organizations
48.1. Collective management organization shall conduct the following activities on behalf of holders of copyright and related rights on the basis of the rights vested in them:
48.1.1. collection of royalty from user with license agreement for the exploitation of work in accordance with established rates;
48.1.2. distribution of payments specified in Article 48.1.1 of this Law to subjects of holders of copyright and related rights holders;
48.1.3. complain about the infringement of copyright of the members to the relevant authorities for appropriate legal action to be taken;
48.1.4. representing the rights and legitimated interests of copyright and related rights holders without power of attorney in court or other government organization in accordance with the agreement;
48.1.5. cooperating with similar collective management organization of foreign countries and entering into co-representation agreements;
48.1.6. implementing other rights and obligations encompassed in agreement.
48.2. The regulations governing the operations of collective management organizations in their pursuit of representing holders of copyright and related right privileges shall be approved by the member of the Government in charge of intellectual property matters.
48.3. The regulations on registering the collective management organizations, concluding an agreement, , monitoring and evaluating of activities of the organization shall be approved by the member of the Government in charge of intellectual property matters.
48.4. Collective management organizations shall submit to the intellectual property organization with the following information on an annual basis prior to April 1st:
48.4.1. activity and financial reports;
48.4.2. detailed information on collected and distributed royalties;
48.4.3. information on concluded agreement for use of copyright work;
48.4.4. minutes of general meetings where members were informed with a report.
48.5. The following information shall be reflected in the activities report of collective management organizations:
48.5.1. annual financial information including amount of remunerations collected by every type of work and objects of related rights, amount of distributed remunerations to members, operational expenses and amount of unpaid remunerations;
48.5.2. annual detailed report on number of concluded licensing agreements entered into by the collective management organization, payments, the implementation of agreements;
48.5.3. management and organizational structure;
48.5.4. information on collaboration activities with other collective management organizations;
48.5.5. information on implemented activities that support culture, arts and education, if specified in the charter of the collective management organization.
Article 49. Responsibilities of collective management organizations
49.1. Collective management organizations shall assume the following responsibilities regarding the activities to be conducted in compliance with the rights and legal interests of the right holders of copyright and related rights:
49.1.1. presenting holders of copyright and related rights with information on use of work when distributing collected remunerations to them;
49.1.2. distributing collected remunerations from licensing to the right holders of copyright and related rights;
49.1.3. distributing collected remunerations for the use of the work to right holders of copyright and related rights in equal percentages on a regular basis following the subtraction of operating costs;
49.1.4. carry out the duties assigned to the relevant organization in accordance with this law, and inform the relevant organizations and members of changes on charter and other founding documents.
49.2. The rules and regulations on collecting and distributing the remuneration and as well as the portion of remunerations devoted to operating costs shall be approved by general meeting of all member.
49.3. The collective management organizations after deducting the operating costs shall distribute the collected remuneration for the use of work to the members according to predetermined distribution rules.
49.4. Operational expenses of collective management organizations shall not be greater than 25 percent of total amount of collected remunerations.
49.5. A member of a collective management organization shall have the right to demand a detailed information on the activities of the organization, tariff on remuneration rates for the use of work, distribution rules and information on use of his/her work.
49.6. The financial report of collective management organizations shall be audited.
Article 50. Monitoring the collective management organization activities
50.1. The intellectual property organization shall monitor the operations of collective management organizations.
50.2. In instances where a collective management organization violates this law in conducting their operations, the intellectual property organization shall be presented with an assignment to rectify the violation and its implementation shall be monitored.
50.3. The intellectual property organizations shall suspend the registration of a collective management organization for three months under the following circumstances:
50.3.1. collected remunerations greater than predetermined rates;
50.3.2. collected extra payments in addition to predetermined rates;
50.3.3. failure to submit the reports entailed in Articles 48.4 and 48.5 of this Law;
50.3.4. failure to comply with responsibilities and assignments stipulated in Article 50.2 of this law.
50.4. The intellectual property organization shall terminate the cooperation agreement with a collective management organization and permanently cancel its registration under the following circumstances:
50.4.1. repeated failure to carry out the responsibilities pursuant to this Law and/or cooperation agreement, and in instances of gross violations of the legitimate interests of right holders of copyright and related right during the course of their operations;
50.4.2. proved to have been deceived or illegally obtained a license;
50.4.3. proven that reports and information specified in this Law have been falsely reported;
50.4.4. changed the operations to profit or commercial;
50.4.5. conducting activities despite the suspension from registration;
50.4.6. registered for operation and failure to initiate the operation within one year after signing agreement or failure to conduct operations for more than one year.
50.5. Serious violations referred to in Article 50.4.1 of this Law must be specified in the cooperation agreement to be made between the intellectual property organization and the collective management organization.
50.6. The intellectual property organization shall inform the public about the decisions issued pursuant to Articles 50.3 and 50.4 of this law.
50.7. If Collective management organization cannot accept the decision stipulated in Articles 50.3, 50.4 of this law issued by the intellectual property organization, may appeal to the court.
50.8. The closure of a Collective management organization has to be approved by the intellectual property organization.
Article 51. Copyright and Related Rights Council
51.1. The Council is a non-permanent council with the functions of advising intellectual property organizations on the enforcement of law on copyright, reviewing and confirming usage rates, and pre-resolving complaints related to payment and distribution.
51.2. The council shall be composed of a chairman and 14 members.
51.3. The intellectual property organization shall implement the functions of office/secretariat of the Council.
51.4. The main form of activity of the Council is the meeting. The Council is convened in the presence of an overwhelming majority of all members, and the issues are resolved by a simple majority of votes of the members present at the meeting.
51.5. The chairman and members of the council will be awarded with bonuses.
51.6. If the Council considers that the terms of the tariff for the use of works proposed by the collective management organization are too high than the market value, or that there is a possibility of a negative impact on the normal use of the works and the rights and legal interests of the holders of copyright and related rights, it may not confirm the tariffs for the use of the works.
51.7. The member of the government in charge of intellectual property matters shall approve the composition of the council, the procedures to be followed for the preliminary resolution of complaints, the approval of tariffs for the use of works, and other activities.
51.8. If disagree with the Council's decision, he/she shall have the right to file a complaint with the court within 30 days of receiving the decision.
PROTECTION OF COPYRIGHT AND LIABILITIES FOR
Article 52. Protection of copyright in digital and other communication networks
52.1. Internet service providers, aggregators, website owners, telecommunications service providers, broadcasting organizations, and multi-channel transmitters shall not violate the copyright and related rights, and shall provide holders of copyright and related rights with the opportunity to enforce their rights on their and/or other's server, network and database.
Explanation: "Aggregator" as defined in this law means a person who collects and delivers content and offers it to the public.
52.2. A person stated in Article 52.1 of this law shall facilitate the receipt of reports on infringement of copyrights and related rights and shall be obligated to suspend and close an illegal use of work and objects of related rights on their network as soon as such infringement is reported.
52.3. The state intellectual property inspector shall impose liabilities stated in the Law on Violations on the person who fails to fulfill the obligations specified in Articles 52.1 and 52.2 of this Law.
52.4. The state intellectual property inspector shall have a right to take measures immediately to cease illegal use of work and objects of related rights, or cease services or operations fully or partially in order to take immediate steps to protect the rights and legitimate interest of the holders of copyright and related rights upon their request.
52.5. Disputes arising from ceasing and closing illegal use of work and objects of related rights in pursuant to Articles 52.1 and 52.2 of this law shall be resolved through legal proceedings stated in law.
52.6. Persons with exclusive rights to use of work in the territory of Mongolia are entitled to demand the rectification of copyright infringement through appropriate means from the relevant authorities.
Article 53. Technological protection measures
53.1. It's prohibited to deliberately breaking, deactivating, destroying, or damaging the technological protection being used in order to exercise the rights stipulated in this law by the author, copyright holder, or related rights holder as well as in order to prevent the unauthorized use of the works and object of related rights, and these acts shall be considered an infringement of copyright or related rights.
53.2. It is prohibited to manufacture, import, promote, offer, rent, and supply the technologies and device with main dedications to break, deactivate, destroy, or damage technological protection for the purpose of gaining profit, and these acts shall be considered an infringement of copyright or related rights.
53.3. The regulations specified in Articles 53.1, 53.2 of this Law shall not apply to state activities related to ensuring the general interest and security of Mongolia.
Article 54. Rights management information
54.1. The rights management information shall be attached to a copy of the work, recordings of the performance and phonograms, or placed inside of the copy, or it shall be placed transparently when transmitting them through the digital environment or making available of them to the public.
54.2. It is prohibited knowingly to remove, alter or make addendum in any rights management information without authorization by the author and holder of related rights in order to provide the possibility to infringe the rights stated in this Law, or to cover up the infringement, and these acts shall be deemed as infringement of copyright and related rights.
54.3. The distribution to public, import for distribution, transmission for public, or making available to the public use copy of the work, or recordings of the performance and phonograms including false rights management information shall be prohibited and deemed as infringement of copyright and related rights.
54.4. The regulations specified in Articles 54.1, 54.2, 54.3 of this Law do not apply to state activities related to ensuring the general interest and security of Mongolia.
Article 55. Protection of moral rights of the author and performer
55.1. In the case of infringement of integrity of work or of other moral rights of an author or a performer, the author or the performer of the work, if the author or performer is dead his/her successor, if he/she does not have a successor, the intellectual property organization shall be entitled to demand from the infringer the restoration of the infringed rights and has the right to file to the court.
Article 56. Infringement of copyright and related rights
56.1. Copyright and related rights shall be considered infringed under the following conditions:
56.1.1. the exploitation of copyrighted work or objects of related rights without an authorization or without concluding an agreement with the holder of copyright and other related rights and the failure to perform the terms and conditions of the agreement;
56.1.2. manufacturing, distribution and transportation of illegal work and objects of related rights for commercial purposes;
56.1.3. failure to fulfill payment obligations stipulated in this law and the agreement;
56.1.4. infringing the moral rights of author or performer;
56.1.5. placement, making internet (digital) linking, or development of works in the social network without authorization of right holder;
56.1.6. other infringements stipulated in law.
Article 57. Liabilities for violators of Law on copyright
57.1. Persons, who violated the Law on copyright shall be a subject to liabilities in accordance with Criminal Code or Law on Infringement.
57.2. Compensation and rectification of damages resulting from infringement of exclusive rights for use of work shall be governed by the Civil Code.
57.3. An illegal copy of work shall be transferred to the holder of copyright and related rights upon the request, in the absence of such a request, an illegal copy of work shall be destroyed.
57.4. Device and technology used for the reproduction/duplication of copyrighted work and objects of the related rights by violating this Law shall be confiscated and become state property.
Article 58. Transitional arrangement
58.1. For collective management organizations, the restrictions specified in Article 49.4 of this law shall not apply until January 1, 2024.
SPEAKER OF THE STATE GREAT KHURAL OF MONGOLIA