Legal review of Creative Commons licenses made in Kyrgyzstan

I am very glad that news about CC from another country of the former USSR, Kyrgyzstan , began to arrive .



A report on the possibility of using Creative Commons licenses in Kyrgyzstan was prepared by lawyers from Kalikova & Associates, commissioned by the Civic Initiative Internet Policy Public Foundation . The opinion of an independent expert, former patent attorney A.Vandayev was also published. Both documents, of course, are available in Russian:

• Report on the availability of Creative Commons licenses in Kyrgyzstan
• Conclusion of an independent expert, former patent attorney A.Vandayev

According to the result of the Report: “ in general, the licenses comply with the requirements of the legislation of the Kyrgyz Republic ” and “ for the use of Creative Commons licenses in the territory of the Kyrgyz Republic no changes and additions are required to the current legislation ”. However, by law, the author will be liable for damages incurred by users. A couple more points are controversial, and some court, in principle, can put a stick in the wheel.



According to the result of the Conclusion: “ According to the results of the examination of licenses, Creative Commons does not comply with the legislation of the Kyrgyz Republic. Legislation lags behind modern legal relations in the field of copyright. The use of Creative Commons licenses on the territory of the Kyrgyz Republic requires a number of changes and additions to the current legislation . ” It is not quite clear whether gratuitous contracts are possible under the law (if the law "The author's contract should provide for ... the size of the remuneration ... ", then is it possible to specify "0 soms "?). The report also states that, according to the Law of the Kyrgyz Republic “On Electronic Document and Electronic Digital Signature”, an electronic document is equivalent to a written document only if it contains an electronic digital signature, which limits the use of Creative Commons only offline (very unexpected insanity, yes? the license will work with a fence, so apparently the authors will have to hang works all over the district in the form of announcements or hand out flyers to passers-by in the city center =))). The rest of the points Conclusions IMHO nonsense, but if you want, you can discuss in the comments.

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After reading the documents, there was a feeling that the entire copyright law of Kyrgyzstan is brazenly svsnutnut borrowed heavily from Russian law (but suddenly ours, and their law whistle, for example, from the law of France =)). However, there are provisions in the Kyrgyz law that are not found in Russian law. As luck would have it, these are the very things that put sticks in the wheels of Creative Commons. Well, let's see how Roza Otunbayeva carries out the process of liberating the country from dictatorship and transition to democracy. If she keeps her words, then, probably, the legislation will have to be changed to make it more relevant today, to the interests of the authors and raised fewer issues with Creative Commons.





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