Creative Commons Licensed in Kyrgyzstan

It is very pleasing that news about CC began to come from another country of the former USSR - Kyrgyzstan .

A report on the possibility of using Creative Commons licenses in Kyrgyzstan was prepared by lawyers of Kalikova & Associates at the request of the Civil Initiative for Internet Policy Public Fund . Also published is the opinion of an independent expert, former patent attorney A. Vandaev. Both documents are naturally available in Russian:

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

As a 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 Kyrgyz Republic, no changes and additions to the current legislation are required ”. However, by law, the author will be liable for losses incurred by users. A couple more points are controversial and some court, in principle, can insert sticks into the wheels.

According to the result of the Conclusion: "Based on the results of the examination of licenses, Creative Commons does not comply with the legislation of the Kyrgyz Republic. Legislation lags behind modern copyright relations. To use Creative Commons licenses in the Kyrgyz Republic, a number of changes and additions to the current legislation are required . ” It is not entirely clear whether gratuitous agreements are possible under the law (if the law "The author’s agreement must provide ... the amount of remuneration ... ", can you indicate "0 soms"?). The conclusion also states that according to the Law of the Kyrgyz Republic “On electronic document and electronic digital signature”, an electronic document is equated to a written document only if it contains an electronic digital signature, which limits the use of Creative Commons only offline (a very unexpected insanity, right? the license will work on the fence, so apparently the authors will have to hang up works throughout the district in the form of ads or hand out leaflets to passers-by in the city center =))). The remaining points of the Conclusion are nonsense, but if you want, you can discuss in the comments.

After reading the documents, there was a feeling that the whole copyright law of Kyrgyzstan brazenlystrongly borrowed from Russian law (but suddenly both ours and their law are whistled, for example, from French law =)). However, in the law of Kyrgyzstan there are also such provisions that are not in the Russian law. As luck would have it, these are precisely the provisions that put sticks in the wheels of Creative Commons. Well, let's see how Roza Otunbayeva is implementing the process of liberating the country from dictatorship and the transition to democracy. If she keeps her words, then, probably, the legislation will have to be changed to make it more consistent with the present day, the interests of the authors and raise less questions with Creative Commons. <sup>This text is licensed under the Creative Commons Attribution 3.0 Unported License .



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