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Azerbaijani media can appeal to court in case of copyright violation - National Council

Society Materials 1 March 2018 21:17 (UTC +04:00)

Baku, Azerbaijan, March 1

By Elchin Mehdiyev - Trend:

Unfortunately, the issue of lack of reference to primary sources is topical in electronic media of Azerbaijan today. In a number of cases, one can see that no reference is made to primary sources in the news and news releases of TV and radio channels, Tevekkul Dadashev, the head of the Monitoring Department at the National Broadcasting Council told Trend on March 1.

Although not massively, but still such cases can be seen, he said.

"Certainly, every media outlet, journalist, correspondent must respect his/ her colleague and appreciate his/her work. This is also a kind of culture, but the most important thing is the legal side of this issue. Every person, every physical and legal entity has the right to authorship. And demanding to ensure the rights within the framework of the opportunities provided by law is normal," Dadashev said.

He noted that if there is a court decision on copyright infringement, this will create a precedent, and the others will refrain from such violations.

"The Law "On Television and Radio Broadcasting" has a special Article (39) on copyright, which regulates copyright issues of TV and radio broadcasters and references to the source. The article reads that broadcasters have copyright in the framework of obligations granted to them under the contracts signed on broadcast of shows (films) and TV programs. The broadcaster can use the programs (shows) of other TV and radio broadcasters only with their official permission, " Dadashev said.

He reminded that the broadcasting, replication, sale and mass display of programs (shows) by other organizations without the consent of their owner are prohibited.

"Consent is not required in cases when short fragments from programs (shows) of other broadcasters are used (no more than 20 seconds from each program or show and not more than five minutes from the film), as well as when used in educational institutions. In case the program (show) is used without the appropriate permission by violating the law's requirements, the broadcaster can file a claim at the court for compensation of the inflicted damage .Presently, there no disputes on this issue. As you can see, the final decision on copyright infringement is made by the court. In this regard, in such cases, the electronic media can appeal to the court and demand the enforcement of their rights, "said Dadashev.

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