Protection of Copyright in the Digital Environment in Uzbekistan

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

In accordance with Article 11 of the Law of the Republic of Uzbekistan “On Copyright and Related Rights” No. 42 dated July 20, 2006 (hereinafter the “Law on copyright”), the owner of exclusive copyright may use a copyright protection sign to notify of his rights, which is placed on each copy of the work and consists of three elements:

• the Latin letter "C" in a circle;
• the name (title) of the owner of exclusive copyright;
• the year of first publication of the work.

Unless otherwise proven, the owner of exclusive copyright is considered to be the person designated in the copyright protection sign.

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

There are no special platform-specific copyright laws in Uzbekistan. However, Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On measures to improve information security in the global information network Internet” No.707 dated September 5, 2018 (the “Resolution No.707”) have facilitated a system to remove online content, which is restricted in distribution. Resolution No.707 authorizes the Agency of Information and Mass Communications (the “Agency”) to issue takedown orders for “prohibited information” across websites and social media. 

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?

It is important to establish that, according to the provisions of the Law on copyright, the general rule is – any use of protected works is permitted only with the consent of the author or copyright holder, with the exception of certain cases when the law expressly permits the “free use” of works. For instance, according to Article 29, public performance of musical works is allowed without the permission of the author, but exclusively within the framework of official, religious or funeral ceremonies. In addition, Article 33 allows the reproduction of audiovisual works and phonograms for personal purposes and without generating income, but with the obligatory payment of remuneration to the authors.

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

One should issue a formal takedown or cease-and-desist notice following procedure as prescribed Annex No.2(1) of the Resolution No.707. Specifically, Inform Agency about any information resource (including blogger pages, websites, social media accounts) that is using works restricted for distribution in Uzbekistan. Correspondingly, Agency is obliged to send a notification to the resource owner and/or blogger within no later than 24 hours. If the information is not removed within the specified period, the Agency has the right to take the following measures:

• contact the administration of the relevant social network or messenger directly with a request to remove the information; or 
• file a lawsuit with the court demanding that the platform administration remove the prohibited content.

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

We suggest to take precautions if there is user data processing is involved. As per Article 27(1) of the Law of the Republic of Uzbekistan “On personal data” No.547 dated July 2, 2019, when processing personal data of citizens of the Republic of Uzbekistan using information technologies, including the World Wide Web, it is obligatory to ensure their collection, systematization and storage in personal data bases on technical means physically located on the territory of the Republic of Uzbekistan and registered in the established manner in the State Register of Personal Data Bases.

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

According to Article 10 of the Law on copyright, copyright arises by virtue of the fact of its creation. Registration is not required for the emergence and exercise of copyright. The person designated as the author on the original or a copy of the work is considered its author, unless proven otherwise. However, to ensure the guarantee of copyright, the author has the right to voluntarily register the copyright object.

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

Uzbekistan is a State-party to: 

• Berne Convention; 
• WTO TRIPS Agreement;
• the WIPO Copyright Treaty (WCT); and 
• the WIPO Performances and Phonograms Treaty (WPPT).

In practice, these treaties are implemented through Law on copyright and Civil Code, which recognize primacy of international law. Additionally, according to the Article 4 of the Law on copyright, it also covers works protected in the Republic of Uzbekistan in accordance with international treaties of the Republic of Uzbekistan.

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

According to Articles 38 and 39 of the Law on copyright, the author’s property rights can only be transferred under a copyright agreement – exclusive or non-exclusive. An exclusive agreement grants the right to use the work to only one party, while a non-exclusive agreement allows use by several persons. The agreement must necessarily specify the methods of using the work, the amount and procedure for paying remuneration. If the term or territory is not specified, the rights are valid for 5 years and only within Uzbekistan. Rights not specified in the agreement are considered not transferred. The agreement cannot concern rights to methods of use that are unknown at the time of its conclusion. Conditions that limit the author in future creativity are also prohibited.

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

According to Article 63 of the Law on copyright, technical devices or their components that control access to works or objects of related rights, preventing or restricting actions that are not permitted by the author, holder of related rights or other holder of exclusive rights, with respect to works or objects of related rights can be used for protection purposes. 

Upon detection of a violation of copyright and related rights, the author, the owner of related rights or another owner of exclusive rights has the right to apply the methods of protection established by Article 65 of the Law on copyright, including: 

• recognition of rights;
• restoration of the situation that existed before the violation of the right, and termination of actions that violate the right or create a threat of its violation;
• compensation for damages in the amount of lost income;
• payment of compensation in the amount of 20 (twenty) to 1000 (thousand) BCV (7 500 000 – 375 000 000 soums, approximately 582 – 29 186 USD) instead of compensation for damages;
• demand compensation for moral damages from the violator. 

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

According to Article 177(1) of the Code of the Republic of Uzbekistan on Administrative Responsibility, breach in the sphere of copyright regulations might entail fines from 1 (one) to 10 (ten) BСV (375 000 – 3 750 000 soums, approximately 30 – 291 USD), depending on the gravity of breach, with confiscation of counterfeit copies of works. 

Liability for violation of copyright or inventor's rights is also established by Article 149 of the Criminal Code of the Republic of Uzbekistan, punishable by a fine of 25 (twenty five) to 75 (seventy five) BCV (9 375 000 – 28 125 000 soums, approximately 730 – 2 189 USD) or deprivation of a certain right for up to 5 (five) years, or mandatory community service for up to 360 (three hundred sixty) hours or correctional labor for up to 3 (three) years.