Held on September 1, 2000

Decision adopted at the meeting:

The draft “Author’s contract with the director on the creation and use of the audiovisual work” was discussed and the Guild Bureau decided: “The author’s contract with the director on the creation and use of the audiovisual work” should be accepted, taking into account the opinions and suggestions, and to the members of the Guild, during the creation and use of the audiovisual work in contracts concluded with entrepreneurs or producers, it is recommended to be guided as an example. (The draft of the contract was sent to the “Copyright Agency” for opinion on 10.10.2000)

The examples of contracts presented on this site are drawn up on the basis of an approved draft contract.

 

  

A still from a commercial                                                       A still from a movie

  

A still from a commercial                                                       A still from a movie

  

A still from a commercial                                                       A still from a movie

On July 14, 2005

The Guild of Professional Cinematographers filed a lawsuit against the Local Economic Court No. 1 of the Republic of Azerbaijan, against the “Neolit” family-recreation center, for the illegal use of the film “Far Shores” on the television channels of the republic, for showing a commercial for commercial purposes and for copyright infringement.

Local Economic Court No. 1 of the Republic of Azerbaijan

On December 22, 2005

“Azerbaijanfilm” film studio of the Professional Film Directors Guild

responsible for copyright infringement on behalf of

Opposite the “Neolit” Family-Recreation Center shown below

considering the claim:

1. Prohibition of showing the advertisement on TV channels created by the defendant “Neolit” restaurant illegally for commercial purposes using the film “Uzakh Sahilda” and confiscation and destruction of counterfeit copies of that advertisement;

 

2. Payment of compensation in the amount of 275 (two hundred and seventy-five) million manats for material damage caused in accordance with clause “b” of Article 45 of the Law “On Copyright and Related Rights” of the Republic of Azerbaijan;

 

3. In accordance with Article 14 of the Law of the Republic of Azerbaijan “On Copyright and Related Rights” and Article 23 of the Civil Code, issue a resolution on payment of a fine in the amount of 500 (five hundred) million manats for the moral damage caused, partially satisfying the claim in the following content

Adopted a resolution:

Let the claim be partially satisfied.

Defendant, to prohibit the showing of the commercial created by the “Neolit” Family-Recreation Center using the film “Far Shores” produced by the “Azerbayjanfilm” Film Studio for illegal commercial purposes on TV channels.

Defendant, to confiscate and destroy the counterfeit copies of the advertisement made by the “Neolit” Family-Recreation center using the film “Uzag sahilde” produced by the “Azerbayjanfilm” Cinema Studio for illegal commercial purposes.

The Defendant, “Neolit” Family-Recreation center, illegally for commercial purposes, compensation in the amount of 5,000 times the conditional financial unit – 27,500,000 manats for the benefit of “Azerbayjanfilm” Film Studio.

Defendant, the “Neolit” Family-Recreation Center illegally collects a state fee of 20,000 manats for the benefit of the “Azerbayjanfilm” Film Studio for commercial purposes.

In accordance with Article 45, Clause “b” of the Law of the Republic of Azerbaijan “On Copyright and Related Rights” from the respondent “Neolit” restaurant, the part of compensation in the amount of 247,500,000 manats – 45 thousand times the conditional financial unit should be rejected.

The claim for moral damages in the amount of 500,000,000 manats should be rejected.

An appeal can be filed within one month from the day of submission (received) of the court decision.

On 07.03.2006

The defendant “Neolit” Family Recreation Center appealed to the Economic Court of Appeal of the Republic of Azerbaijan.

On 12.04.2006

The Appellate Economic Court of the Republic of Azerbaijan considered the appeal of the Javabdeh “Neolit” Family Recreation Center and adopted a resolution on maintaining the decision of the Local Economic Court No. 1 of the Republic of Azerbaijan dated 22.12.2006 unchanged and rejecting the appeal.

On 02.08.2006

The defendant “Neolit” Family Recreation Center filed a cassation complaint with the Judicial Panel on Economic Disputes of the Supreme Court of the Republic of Azerbaijan.

on 15.09.2006

The Judicial Collegium of the Supreme Court of the Republic of Azerbaijan on Cases Concerning Economic Disputes considered the cassation appeal of the Javabdeh “Neolit” Family Recreation Center, upheld the cassation appeal and annulled the decision of the Appellate Economic Court of the Republic of Azerbaijan dated 12.04.2006 and sent the case to that court for reconsideration. sent

on 08.11.2006

The Economic Court of the Republic of Azerbaijan, considering the appeal of the Javabdeh “Neolit” Family Recreation Center, adopted a resolution on changing the resolution of the Local Economic Court No. 1 of the Republic of Azerbaijan dated 22.12.2006 and rejecting the part of the resolution on withholding compensation and partially satisfying the Appeal. has done

on 19.02.2007

The Professional Film Directors Guild, on behalf of the “Azerbaijanfilm” film studio, filed a cassation appeal of the Supreme Court of the Republic of Azerbaijan with a cassation appeal, requesting that the resolution of the Economic Court of the Republic of Azerbaijan dated 09.08.2006 be annulled and returned to the Economic Court of the Republic of Azerbaijan for reconsideration, as it is illegal and groundless. He appealed to the Judicial Collegium

on 06.04.2007

The Judicial Collegium of the Supreme Court of the Republic of Azerbaijan on Cases on Economic Disputes, considering the cassation appeal case, made a decision to uphold the cassation appeal, cancel the resolution of the Economic Court of the Republic of Azerbaijan dated 09.08.2006 and send the case to the Economic Court for reconsideration

on 28.06.2007

The Economic Court of the Republic of Azerbaijan, considering the appeal of the Javabdeh “Neolit” Family Recreation Center, made a decision to uphold the resolution of the Local Economic Court No. 1 of the Republic of Azerbaijan dated 22.12.2006 without change and to reject the appeal of the “Neolit” Family Recreation Center.

On 06.07.2007

Implementation No. 1568/3-271 dated 07.06.2006 to ensure the implementation of the resolution of the Local Economic Court No. 1 of the Republic of Azerbaijan, Nizami District Court Supervisors and Court Executors Department dated 22.12.2006 sent the leaflet.

                           

In the field of copyright

 

legislation and enforcement mechanisms

 

MONITORING

 

(results)

1. Inquiry:
2. Are you familiar with copyright and related rights legislation?

• Yes – 31%
• No – 12.2%
• Partially – 56.8%

2. Do you think that the legislation of the Republic of Azerbaijan on copyright complies with international standards?

• Yes – 9%
• No – 57%
• Partially – 34%

3. Does the legislation in this field work in the Republic of Azerbaijan?

• Yes – 8.3%
• No – 57%
• Partial – 34.7%

4. Your proposals regarding the improvement of legislation in the field of copyright

• Adaptation to European experience – 21.6%
• Strengthen and strengthen the fight against piracy – 28.7%
• Complying with International Conventions – 19.3%
• Joining the world civilization system – 12.7%
• Increase assistance to organizations operating in this field – 4.6%
• Improve law enforcement mechanisms – 7.6%
• Does not believe that the proposals will be realized – 5.5%
• Increase transparency in this area – 1 person
• Signing a contract with Euroimage – 1 person
• Copyright should be applied to “producer” – 1 person

5. Are you satisfied with the activity of state bodies in the field of copyright?

• Yes – 8.3%
• No – 50%
• Partial – 41.7%

6. Are you satisfied with the activities of public organizations in the field of copyright?

• Yes – 18.1%
• No – 15.1%
• Partially – 66.8%

7. Your suggestions for improving the activity of state bodies in this area:

• To strengthen and strengthen the fight against piracy together with the Ministry of Interior,–28.0
• Adaptation to European practice – 21.0%
• Increase copyright awareness among authors – 17.3%
• Increase assistance to social organizations – 8.9%
• Does not believe that the proposals will be realized – 5.3%
• Preparing highly qualified personnel – 8.1%
• Fine for TV channels for copyright infringement – ​​11.4%
• There are several people who lead piracy in our country, take measures against them – 1 person

8. Your suggestions for improving the activities of public organizations in this field

• Strengthen and toughen the fight against piracy – 26.6%
• To increase the capabilities, powers and support of public organizations – 22.5%
• Raising awareness among authors – 21.2%
• Establishing their own activities in coordination with state organizations – 8.5%
• Being more active – 5.8%
• Does not believe that the proposals will be realized – 5.1%
• Strengthen nature in the press -2.8%
• Recruiting professional personnel – 1.8%
• Organizing meetings and getting to know each other’s problems – 1.5%
• The attitude of state bodies should be changed in a positive direction – 1.9%
• Periodic monitoring – 1.4%
• Conducting trainings and seminars for authors -0.9%
• To lobby the Milli Majlis for the adoption of laws in accordance with European standards – 1 person

9. Which legal protection do you think is more effective in protecting copyrights?

• Criminal legal protection – 54.0%
• Administrative legal protection –15.6%
• Civil legal protection – 30.4%

10. Are the copyright norms related to audiovisual works satisfactory for the protection of these rights?

• Yes – 9.8%
• No – 56.1%
• Partial – 34.1%

11. Have you personally been copyrighted?

• Yes – 51.8%
• No –48.2%

12. Have you ever had a copyright dispute?

From copyrighted authors:

• Yes – 52.8%
• No –47.2%

13. If so, were you able to recover your rights?

• Yes – 7.1%
• No – 68.9%
• Partial – 24.0%

14. What method have you tried to restore these rights?

• Did not try – 17%
• Verbal – 20.1%
• Official negotiations – 38.9%
• Court – 24.0%

15. Is there a need to change the legislation in the field of copyrights?

• Yes – 93.8%
• No –6.2%

16. Your proposals regarding changes to legislation in the field of copyrights

• Adapting to world requirements – 28.5%
• Prevention of piracy, giving importance to the development of independent cinema – 18.2%
• Giving broad rights to the public sector – 15.2%
• Large fines and criminal liability – 11.6%
• Strengthen control over the implementation of laws – 7.7%
• Increasing the powers of organizations operating in this field – 5.8%
• Apply harsh sanctions – 3.8%
• Does not believe that the proposals will be realized – 3.5%
• Reduce the percentage of the fee deducted from the authors’ royalties – 3.1%
• Adoption of the strategic state program – 2.6%

1. Violation of copyright during the creation and use of audiovisual works:
2. Violation of copyright during the creation and use of an audiovisual work:

• During creation – 45%
• During use – 55%

2. Violation of copyright during the creation of the work:

• In the direction of state investment – ​​68%
• In the direction of non-state investment – ​​32%

3. Violation of copyright during the use of the work:

• In state areas – 9%
• In non-state areas – 91%

4. Status of violations of copyright in the areas of use of the work:

• Use of audiovisual works in cinemas – 4%
• Use of audiovisual works by broadcast and cable television – 25%
• Circulation and mass distribution of audiovisual works in video format – 15%
• Use of audiovisual works for personal purposes – 56%

5. Violation of personal and property rights during the use of audiovisual works:

• Personal (non-property) rights – 52%
• Property (economic) rights – 48%

6. Directions (forms) of violations of copyright during the use of audiovisual works:

• Unauthorized use of audiovisual work (property rights) – 25%
• Illegal use of a musical work recorded in an audiovisual work (property rights) – 23%
• Unauthorized use of individual elements of audiovisual works in a newly created audiovisual work (personal rights) – 20.5%
• Use of documentaries and chronicle materials in films, TV shows and other forms without indicating the name of the film and the director (personal rights) – 14%

Editing of an audiovisual work during use (personal rights) – 6%

• Not showing or abbreviating the names of authors and performers in the credits (personal rights) – 5.5
• Changing the format of an audiovisual work – compressing or enlarging the image (private rights) – 3%
• Improper display of the audiovisual work and authors’ names in the press and other information sources (personal rights) – 2%
• When using audiovisual works in other formats – 1%

7. The dynamics of the use of audiovisual works on TV channels from 2001 to the present day:

 

8. The level of piracy in the field of circulation and mass distribution of audiovisual works in videocassette, disc and other formats:

 In the monitoring, copyright infringements registered in the Guild of Film Directors in the last five years, statistical and accounting figures, data on the use of films, and the current situation during the creation and use of audiovisual works produced on that eve were taken as the basis.