LAW OF MONGOLIA ON COPYRIGHT
Chapter One
General Provisions
Article 1. Purpose of the law
The purpose of this law shall be to regulate matters relating to the protection of copyright and the use of the subject matter of copyright.
Article 2. Legislation on copyright
1. The legislation on copyright is comprised of the Constitution of Mongolia, this law, and other relevant legislation which is consistent with them.
2. If an international treaty to which Mongolia is a party is inconsistent with this law, then the provisions of the international treaty shall prevail.
Article 3. Subject matter of copyright
1. The subject matter of copyright shall include the following works irrespective of their content, purpose, form, merit, mode of creation or availability to the public:
1) literary works in the scientific or literary domain whether verbal or written;
2) musical works;
3) graphic works and works of applied art;
4) works of architecture and construction design;
5) choreographic works, works of contortionists and pantomime;
6) dramatic works;
7) cinematographic works and all works expressed by a process analogous to cinematography;
8) photographic works and all works expressed by a process analogous to photography;
9) plans, sketches, designs, and models relative to the scientific and technical domain;
10) computer programmes;
11) sound and visual recordings;
12) derivative works based upon pre-existing works;
13) any other works expressing the intellectual creative activity of the author.
The subject matter of copyright hereinafter shall be referred to as a "work".
2. The text of legislation and other legal enactments as well as judgments and official documentation shall be deemed not to constitute a work.
3. Relations in respect of copyright in works of folklore shall be governed by this law.
4. Patent rights in inventions and matters relevant to them shall be governed by the relevant legislation.
Article 4. Authors
1. The creator of a work shall be considered to be the author of that work.
2. Two or more persons who have made a joint work as a unitary whole and which is inseparable into independent parts shall be considered to be joint authors. Joint authors are entitled to enjoy copyright jointly.
3. Two or more persons who have made a collective work, in which a number of contributions constitute independent and separate parts in themselves, shall be considered to be collective authors. Collective authors may enjoy copyright jointly or each author may, under an agreement concluded with the other collective authors, independently enjoy copyright in respect of his or her contribution to the collective work.
Article 5. Persons entitled to copyright
1. The following persons are entitled to enjoy copyright:
1) citizens of Mongolia, foreign citizens or stateless persons having permanent residence in Mongolia and who are authors of a work;
2) foreign citizens whose work has been first made available to the public in Mongolia. A work of a foreign citizen shall be treated as having been first made available to the public in Mongolia if it was made available to the public within 30 days from the date when it was first made available to the public in any other country;
3) authors of graphic works incorporated in sculpture, architecture or in buildings permanently located in the territory of Mongolia;
4) legal persons who are entitled to enjoy copyright under the conditions and within the scope provided for by the legislation on copyright.
2. An author who has created a work in the exercise of his or her official duties shall be entitled to enjoy copyright in that work under the conditions and within the terms specified by his or her agreement with the organisation in question.
Article 6. [Intellectual Property Office]
[The Intellectual Property Office shall, in accordance with the framework of functions of the Minister of Justice, be the agency responsible for dealing with matters concerning copyright and will carry out the following functions:
1) receiving applications in respect of copyright in works and making determinations on them;
2) granting certificates in respect of works;
3) publishing information relating to works;
4) compiling a unified database of copyrighted works;
5) providing references for the purpose of settling disputes on copyright matters;
6) taking measures relating to the deposit, protection and use of any work in accordance with negotiations conducted at the request of the author;
7) taking measures for the enforcement of the Copyright Law within the authority conferred upon it;
8) protecting and representing, in Mongolia and abroad, the rights of authors or owners of certain works protected by copyright;
9) keeping a State register of works and negotiations concerning works;
10) determining the design of registration certificates;
11) establishing a value for works related to copyright;
12) setting and conducting examinations for, and approving, any citizen or legal entity who intends to practise as a copyright attorney;
13) The Intellectual Property Office shall be financed from income earned in performing its functions.]
3. [deleted by amendment of 1 February 1997]
4. [deleted by amendment of 1 February 1997]
5. Voluntary organisations whose objective is the protection of intellectual property may co-operate with the [Intellectual Property Office] to contribute to the enforcement of copyright.
Chapter Two
Rights of Authors
Article 7. Rights of authors
An author shall enjoy non-property personal rights and exclusive (property) rights in respect of his or her work.
Article 8. Non-property personal rights
An author shall enjoy the following non-property personal rights in respect of his or her work:
1) the right to use of a name. An author shall have the right to make his or her work available to the public under his or her own name or under a fictitious (pseudonymous) name or as an anonymous work. It shall be prohibited to alter or disclose an author's name without his or her consent;
2) the right of attribution. An author has the right to require his or her name to be mentioned whenever his or her work is made available to the public;
3) inviolability of a work. It shall be prohibited to modify a work or its name in any manner or form without the author's consent.
Article 9. Exclusive (property) rights in copyrighted works
1. An author shall enjoy the following exclusive (property) rights in respect of his or her copyrighted works:
1) the right to reproduce. An author has the exclusive right to publish, draw, engrave, mould, photograph, make sound and visual recordings of, or reproduce his or her original work in any other manner or form;
2) the right to alter, correct and translate. An author has the exclusive right to alter, correct, translate or change the name of his or her work;
3) the right to make a work available to the public. An author has the exclusive right to make his or her original work or a reproduction of it available to the public by way of sale or transfer/licence;
4) the right to make a public communication of a work. An author has the exclusive right to make a public communication of his or her work by any means other than the transfer of copyright.
2. The exclusive rights referred to in paragraph 1 of this article may be transferred but only with the author's consent.
3. An author has the right to value his or her work and is entitled to remuneration for the use of his or her work.
Article 10. Notice of copyright
The owner of the exclusive rights in copyrighted works may use the symbol ©, being the Latin letter C in a circle, in order to give notice of the existence of copyright in a work which has been made available to the public. The symbol shall be accompanied by the year the work was first made available to the public and by the name of the owner of the exclusive rights in the copyrighted work.
Article 11. Transfer of ownership of exclusive rights in copyrighted works
1. Ownership of the exclusive rights in copyrighted works may be transferred/licensed in whole or in part by way of written agreement.
2. The agreement referred to in paragraph 1 of this article shall contain the:
1) manner, form and term of use of the work;
2) rights and obligations of the author;
3) rights and obligations of the transferee;
4) amount of royalties due for the use of the work and terms of their payment.
Article 12. Owners of material objects
1. A tangible form in which a work is embodied shall be considered to be a material object. Exercise of the rights of the owner of the material object shall not affect copyright in the work.
2. If a graphic work or work of applied art which has already been sold by the author is auctioned or resold through an agent, then the author shall be entitled to receive a 5 percent royalty from the resale price.
Chapter Three
Requisition and Unauthorised Use of Work
Article 13. Requisition of work
1. The State or its competent organisations may, by way of agreement to be concluded with the author, purchase his or her work for immediate public interest. If agreement is not reached, then the State or its competent organisations may requisition the work in question.
2. In the case of a requisition referred to in paragraph 1 of this article, the State or its competent organisations shall pay the cost, compensation and remuneration for the use of the work. Disputes arising in this regard shall be resolved in Courts.
3. The Government shall establish rules on the use of requisitioned works.
Article 14. Public communication of works for public benefit
1. In the following cases it shall be permissible to make for the public benefit, without the author's consent and without payment of any remuneration, a public communication of part of a work which has already been made available to the public, provided that mention shall be made of the source and of the name of the author:
1) use for teaching;
2) use in public arrangements for a non-profit purpose;
3) the public communication by the regular press and broadcasters of speeches delivered at official or public meetings.
2. In the cases referred to in sub-paragraphs 5 and 7 of article 16 of this law, it shall be permissible to make, without the author's consent and without payment of any remuneration, a public communication of a work by a person who has reproduced the work.
Article 15. Reproduction of works for private use
1. It shall be permissible to reproduce a work exclusively for private use without the author's consent and without payment of any remuneration if that work has already been made available to the public.
2. It shall be prohibited to reproduce for private use designs or plans of works of architecture and buildings without the author's consent or to erect structures making use of such reproductions.
Article 16. Reproduction of works for public benefit
In the following cases it shall be permissible to make for the public benefit, without the author's consent and without payment of any remuneration, a reproduction of part of a work which has already been made available to the public, provided that mention shall be made of the source and of the name of the author:
1) use of works as part of collections of archives, museums, or libraries for a non-profit purpose;
2) use for teaching;
3) use of works by radio and television in their broadcasts;
4) reproduction for use by blind people;
5) reproduction for use in research and for literary criticism;
6) publication of graphic works and works of applied art in periodicals for the purpose of reporting current events;
7) reproduction of works displayed in streets, squares and other public places. In case of such reproduction for the purpose of commercial advantage, the author's consent should be sought in advance and the amount of royalties payable to him or her should be agreed upon;
8) advertising and announcement of works which are destined for sale or public display;
9) press summaries of works published in the press.
Chapter Four
Term of Copyright and Succession
Article 17. Term of copyright
1. The term of copyright in a particular work shall be deemed to begin from the day of its making.
2. The term of exclusive rights in copyrighted works shall be the life of the author and fifty years after his or her death. The term of exclusive rights in copyrighted works after the death of the author shall be deemed to begin on 1 January of the year following the death. In the case of joint authorship this term shall be deemed to begin on 1 January of the year following the death of the last surviving author.
3. In the case of pseudonymous or anonymous works the term of the exclusive rights of the author in copyrighted works shall be a period of 75 years from 1 January of the year following the year the work was first made available to the public. If the identity of the author of pseudonymous or anonymous work is disclosed to the public, the applicable term for the exclusive rights of the author in copyrighted works shall be determined in accordance with paragraph 2 of this article.
4. The term of any copyrighted work where the author is a legal person shall last for a period of 75 years from 1 January of the year following the year of the making of the work.
5. The term of the non-property (personal) rights of the author shall not be subject to any limitation.
Article 18. Declaration of works as State treasures
A work whose term of copyright has expired may, by the Government's enactment, be declared a State treasure.
Article 19. Succession to copyright
1. The exclusive rights of an author in a copyrighted work shall pass to his or her successors in accordance with the procedures set out in the Civil Law of Mongolia. The non-property personal rights of the author shall not be subject to succession, although an heir or successor shall be obliged to protect those rights and the rights shall be under State protection.
2. The exclusive rights in joint works shall pass to the respective successors of each author on the day of the death of the last surviving author. Until that time, remuneration for the use of joint works where not all the authors have died shall be distributed between the heir(s) of the deceased author(s) and each surviving author as per the terms of any agreement between the joint authors.
Chapter Five
Rights Related to Copyright of Authors of Derivative Works, Producers of Sound and Visual Recordings and to Copyright of Broadcasting Organisations
Article 20. Rights of authors of derivative works
1. Actors, translators, compilers, producers, choreographers, conductors and other authors of derivative works shall enjoy the following rights in respect of their works:
1) the right to use of names and the right of attribution;
2) inviolability of works;
3) the right to authorise the use of works in any manner or form subject to agreement and remuneration;
4) other rights transferred to them under agreements concluded with the author of the original work.
2. The term of the rights in respect of copyright belonging to the author of a derivative work shall last for a period of 25 years from 1 January of the year following the year of the making of the derivative work.
3. The person who is in charge of financing a joint derivative work shall enjoy the rights related to copyright in respect of that joint work if that work was created as part of the exercise of official duties or duties assumed under an agreement with that person unless the agreement stipulates otherwise.
Article 21. Rights of producers of sound and visual recordings
1. A producer of sound and visual recordings shall enjoy the following rights in respect of copyright:
1) the right to reproduce his or her sound and visual recordings;
2) the right to alter and modify his or her sound and visual recordings;
3) the right to reproduce his or her sound and visual recordings and thus make them available to the public;
4) the right to authorise the use of his or her sound and visual recordings subject to agreement and remuneration;
5) other rights transferred to him or her under an agreement concluded with the author of the original work.
2. It shall be permissible to use for a non-commercial purpose sound and visual recordings which have already been made available to the public, without the producer's consent or payment of any remuneration for such use.
3. The producer of sound and visual recordings shall enjoy the right to authorise the reproduction of his or her works to be made available to the public by organisations and may charge for such availability.
4. The term of the rights in respect of copyright of the producers of sound and visual recordings shall last for a period of 25 years from 1 January of the year following the year the recording first took place. It shall not be permissible within this period to reproduce the recordings without the producer's consent.
Article 22. Rights in respect of copyright of broadcasting organisations
1. Broadcasting organisations shall enjoy the following rights related to copyright:
1) the right to authorise other broadcasting organisations to make simultaneous broadcasting of their broadcasts;
2) the right of television to broadcast by radio and the right of radio to broadcast by television.
3) the right of reproduction of excerpts of their broadcasts;
4) other rights transferred to them under agreements concluded with the authors of original works.
2. The term of rights in respect of copyright of radio and television broadcasting organisations shall last for a period of 25 years from 1 January of the year following the year the broadcast first took place.
3. It shall not be permissible within this period to reproduce, broadcast, make use of an excerpt in broadcasting or make a public communication of broadcasts in any other manner or form without the consent of the radio or television broadcasting organisation.
Article 23. Use of works without the consent of producers of sound and visual recordings, authors of derivative works or broadcasting organisations
In the following cases it shall be permissible to make, for the public benefit a public communication of part of a derivative work or a sound and visual recording and to broadcast without the consent of the relevant persons and without payment of any remuneration for such communication:
1) either the derivative work or the sound and visual recording; or
2) use it for the purposes of teaching or scientific research; or
3) use excerpts of it for the purpose of reporting current events.
Chapter Six
Miscellaneous
Article 24. Liability for breach of legislation on copyright
1. [If a breach of the legislation on copyright is held not to constitute a criminal offence, a judge shall impose on an offending person a fine of up to 50,000 togrogs or on an offending business entity or organisation a fine of up to 250,000 togrogs.
2. If a fraudulent use of a notice of copyright or alteration of such a notice is held not to constitute a criminal offence, a judge shall impose on an offending person a fine of up to 50,000 togrogs, or on an offending business entity or organisation a fine up to 250,000 togrogs.]
3. Compensation for material losses suffered as a result of infringement of exclusive rights in copyrighted works shall be paid in accordance with the Civil Law of Mongolia.
4. Use of works, which have already been made available to the public, for private purposes without the author's consent and without payment of any remuneration for such use, shall be deemed not to constitute a breach of the legislation on copyright.
Article 25. Protection of non-property personal rights of authors
In the case of a breach of the inviolability of a work or of other non-property personal rights of an author, the author of a work or his or her heir or successor, or the [Intellectual Property Office] (if there is no apparent heir or if such heir has waived or has been deprived of his or her right of succession) shall be entitled to demand from the infringing party the restoration of the infringed rights and to bring an action to resolve his or her claim in the Courts.
Article 26. Coming into force of the law
1. This law shall come into force on 1 September 1993.
2. This law shall not apply retrospectively.
Chairman of the State Ih Hural of Mongolia
N Bagabandi
General Secretary of the Secretariat of the State Ih Hural of Mongolia
N Rinchindorj
Ulaanbaatar
22 June 1993