Protection of Copyright in the Digital Environment in Turkmenistan

1) What measures should be taken to protect copyright on music, videos, and images on the internet?

As stipulated in Article 8 of Turkmenistan's Copyright Law, the origination or realization of copyright rights does not necessitate adherence to any form of registration, recordation, or procedural formality. Consequently, these rights vest from the moment of their creation. This provision aligns with the stipulations of the Berne Convention, to which Turkmenistan is a signatory. Within the ambit of the same article, the safeguarding of copyright rights is predicated upon the presence of three elements, which serve as protective indicia: the Latin letter "C" enclosed within a circle (©) appearing on the work, the name of the individual or entity holding the exclusive copyright, and the date of first publication. These elements function as a conservatory measure for the protection of copyright entitlements.

2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?

The safeguarding of copyright entitlements pertaining to content disseminated on platforms such as YouTube, TikTok, and Instagram possesses a distinct characteristic and significance by virtue of its publication on the internet. Specifically, Article 3 of Turkmenistan's Law "on the legal regulation of the development of the Internet and the provision of Internet services in Turkmenistan" envisages the objectives and tasks of said Law, wherein the assurance of the protection of copyright rights concerning content published online is accorded a primary role amongst its core mandates. Furthermore, Article 30 of the same Law stipulates that internet users shall be held accountable for the distribution, utilization, and publication of copyright-protected material on the internet without due authorization in accordance with the laws of Turkmenistan. Thus, a specific approach is established within the context of safeguarding content disseminated online.

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?

The use of third-party content on social media platforms is primarily governed by copyright law of Turkmenistan, alongside the terms of service of each specific platform. These legal frameworks aim to balance the rights of creators with the interests of the public and the platforms themselves. Copyright Infringement is the most significant restriction. Copyright law grants creators exclusive rights to control the reproduction, distribution, public display, and creation of derivative works based on their original works of authorship (text, images, videos, music, etc.). Using copyrighted material without obtaining permission from the copyright holder constitutes infringement. Beyond the primary restriction of copyright infringement, using third-party content on social media can also be limited by the platform's own terms of service, which often prohibit intellectual property violations.

4) What legal steps can be taken in response to the unauthorized use of content online?

Article 44 of the Copyright Law provides grounds for seeking remedies like recognition of rights, restoration of the situation that existed before the infringement, cessation of infringement, compensation for damages, including lost profits, recovery of income received by the violator as a result of violation of copyright and related rights, payment of compensation in an amount determined by the court instead of compensation for losses and recovery of profits or adoption of other measures provided for by the legislation of Turkmenistan related to the protection of copyright and related rights. In cases of specific ciscumstances, Article 151 of the Criminal Code and Article 342 of the Code of Administrative Offences outline andministrative and criminal penalties. Finally, Turkmenistan's adherence to the Berne Convention facilitates international cooperation for cross-border infringements.

5) What legal risks arise when distributing digital content internationally?

Distributing digital content internationally carries significant legal risks primarily due to the territorial nature of copyright laws, which vary from country to country. There is no single universal copyright law, although international treaties like the Berne Convention, to which Turkmenistan is a party, aim to harmonize protection. This means the laws of each country must be considered where the content is accessible. Enforcement across borders is challenging, and licensing can become complex. Additionally, differing moral rights and jurisdictional issues add to the legal complexities.

 It's crucial to understand that once digital content is distributed online, it inherently becomes globally accessible due to the nature of the internet. Even if local distribution is intended, the technical reality is that the content can be accessed worldwide, making it necessary to consider international legal implications from the outset.

6) How can a company working in digital content implement a copyright protection policy?

1. Identification and registration of copyrighted material. Although registration is not a prerequisite for protection under Turkmenistan's legislation (Article 8 of the Law on Copyright and Related Rights), companies can register their copyrights with the authorised body, namely the State Intellectual Property Service of the Ministry of Finance and Economy of Turkmenistan, to confirm ownership in anticipation of any disputes.
2. Develop and approve internal regulations on intellectual property protection. In accordance with Article 14 of the Law of Turkmenistan ‘On Copyright and Related Rights’, unless otherwise provided for in the contract, the exclusive rights to the official work belong to the employer. In this regard, it is recommended to directly draw up internal regulations governing the procedure for the creation, use and distribution of intellectual content, with a clear definition of the rights and obligations of employees in the field of copyright.
3. Use of security technologies such as watermarks and access control mechanisms to restrict access and unauthorised use and distribution of digital content.
4. Employee and user training. In order to effectively implement the company's internal policies, it is recommended to organise training for employees and provide users with clear instructions on how to comply with the established rules, explaining the potential legal risks associated with copyright infringement.

7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?

Key International treaties relates to copyright protection Turkmenistan has acceded:

• Berne Convention for the Protection of Literary and Artistic Works (1886) - establishes international copyright protection for literary and artistic works, including digital formats.
• International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention, 1961) - protects related rights (neighboring rights), including those of performers and producers of sound recordings (phonograms), which are often shared or streamed online.
• WIPO Copyright Treaty (WCT, 1996) - strengthens copyright protection for authors in the digital environment by addressing rights related to the reproduction, distribution, and communication of works via the internet.

In practice, the national legislation reflects these commitments, however, the enforcement in the online sphere is still developing.

8) What should be taken into account when entering into licensing agreements for the use of digital content?

Taking into consideration the laws and regulations of Turkmenistan on licensing agreements several factors should be taken into account. It is essential to clearly define the scope and methods of use granted to the licensee, ensuring that rights not explicitly stated are not assumed. Additionally, the agreement should specify the license type—whether exclusive or non-exclusive—as well as the duration, which cannot exceed the term of the underlying intellectual property right.

9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?

It is suggested to monitor copyright infringement online via such methods as regular content audits, digital watermarking or use of specialized software tools to detect unauthorized use of distribution. In Turkmenistan, upon identifying instances of piracy, rights holders should formally notify the infringer or the website administrator and may seek enforcement through the national legal framework established by the Law on Copyright and Related Rights, which provides for civil remedies and penalties. 

10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?

According to Article 43 of the Law on Copyright and Related Rights of Turkmenistan, unauthorized reproduction and distribution of protected works constitute copyright infringement and may lead to civil, administrative, and criminal liability. Administrative sanctions may include fines or short-term detention, while repeated or serious violations can result in criminal penalties such as larger fines, mandatory community service, or corrective labor. Rights holders, under Article 44, can seek recognition of their rights, cessation of infringement, compensation, and other remedies, including confiscation and destruction of counterfeit materials. Additionally, Article 45 protects technical measures used to control access to digital content, prohibiting their circumvention and providing legal consequences for violations.