Protection of Copyright in the Digital Environment In Kazakhstan
1) What measures should be taken to protect copyright on music, videos, and images on the internet?
In Kazakhstan, copyright arises automatically upon the creation of an original work and does not require registration; however, voluntary registration with the National Institute of Intellectual Property (NIIP) under the Ministry of Justice can serve as evidence of ownership in disputes.
To strengthen protection in the digital environment, rights holders should use copyright notices, metadata, digital watermarks, and employ technological protection measures (TPMs).
Regular monitoring of online platforms and social media is crucial to detect unauthorized use. In addition, creators should enter into licensing agreements that explicitly cover online use and provide for enforcement mechanisms in case of infringement.
2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?
Under Kazakh law, copyright protection applies to any original work, including content posted on digital platforms, regardless of whether it is published domestically or abroad. However, enforcement may be challenging, as these platforms are governed by foreign jurisdictions. Rights holders may file copyright infringement claims through the platform’s internal complaint mechanisms, and if necessary, pursue legal remedies in Kazakhstan, including requesting the blocking of infringing content via the Ministry of Digital Development, Innovations and Aerospace Industry (Ministry of Digital Development).
3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws?
Under Kazakh law, using third-party copyrighted content without permission constitutes infringement, even if the content is credited. To avoid violations, users must obtain proper licenses or ensure the content falls under exceptions such as fair use or is in the public domain. Additionally, respecting the terms of use of social media platforms and removing content upon receiving infringement notices helps maintain compliance.
4) What legal steps can be taken in response to the unauthorized use of content online?
Under Kazakh law, the rights holder may first send a cease-and-desist letter or a formal infringement notice to the violator or hosting platform. If the issue is not resolved voluntarily, the rights holder may file a lawsuit seeking to stop the infringement and claim statutory compensation. It is also possible to submit a request to the Ministry of Digital Development to block access to infringing content in Kazakhstan. In serious cases, administrative or criminal liability may also apply.
5) What legal risks arise when distributing digital content internationally?
When distributing digital content internationally, Kazakh rights holders may face legal risks due to differing copyright laws, enforcement standards, and limitations in foreign jurisdictions. Although Kazakhstan is a party to international treaties such as the Berne Convention and the TRIPS Agreement, enforcement abroad often depends on the local legal framework. There is also a risk of unintentional infringement of third-party rights protected in other countries. To mitigate these risks, it is important to conduct legal due diligence and include territorial clauses in licensing agreements.
6) How can a company working in digital content implement a copyright protection policy?
A company should develop internal policies that ensure copyright clearance before using or distributing any content. This includes maintaining records of licenses, using technological protection measures (TPMs), and marking owned content with copyright notices. Regular staff training on copyright compliance and monitoring for potential infringements online are essential. It is also advisable to appoint a responsible person or unit for copyright management and respond promptly to violations in accordance with Kazakh law.
7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?
Kazakhstan is a party to key international agreements such as the Berne Convention, the WIPO Copyright Treaty (WCT), and the TRIPS Agreement, which provide the basis for copyright protection across borders, including in the digital environment. These treaties are directly applicable under Kazakh law and are reflected in the national Copyright Law. In practice, enforcement relies on cooperation with local internet platforms, as well as using notice-and-takedown procedures and pursuing legal action where jurisdiction allows.
8) What should be taken into account when entering into licensing agreements for the use of digital content?
Under Kazakh law, licensing agreements must clearly define the scope of rights granted, including the type of license (exclusive or non-exclusive), territory, duration, permitted uses, and remuneration. It is important to explicitly include digital and online use in the agreement. The contract should also address liability, dispute resolution, and procedures for terminating the license in case of infringement or breach.
9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?
Rights holders can monitor the internet using specialized software tools, manual searches, and collaboration with online platforms to detect unauthorized use. Upon identifying piracy, they may send a takedown request to the platform or file a complaint with the Ministry of Digital Development to restrict access to infringing content. Legal actions may also include sending cease-and-desist letters and filing lawsuits for infringement and compensation under Kazakh law.
10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?
Under Kazakh law, copyright infringement online may result in civil liability, including the payment of statutory compensation ranging from 100 to 15,000 monthly calculation indices (MCI) — approximately USD 730 to 108,720, as determined by the court. In serious cases, criminal liability may apply. Courts may also order the removal of infringing content and the blocking of websites. Enforcement can be ensured by filing a civil claim, requesting technical blocking through the Ministry of Digital Development, and using takedown procedures available on online platforms.
