Copyright Comparative Guide

1 Legal framework

1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?

Copyright in Armenia is governed by:

• the Civil Code, adopted on 5 May 1998; and
• the Law on Copyright and Related Rights, adopted on 15 June 2006.

Other instruments also apply, such as decisions of the government. One example is the Government Decision on the Minimum Rates of Royalties for Using Copyright and Related Rights Works.

1.2 Is there common law protection for copyright in your jurisdiction?

No answer submitted for this question.

1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?

There are no specific regimes governing digital works, indigenous works or similar.

1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?

• The Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 (ratified on 5 February 2003);
• The Berne Convention for the Protection of Literary and Artistic Works 1886 (ratified on 19 October 2000)
• The Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of Their Phonograms 1971;
• The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961;
• The World Intellectual Property Organization Copyright Treaty 1996; and
• The Treaty on the Eurasian Economic Union (ratified on 29 May 2014), Section 23 of which regulates IP rights protection.

1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?

The police force is one of the state bodies responsible for implementing and enforcing the copyright regime in Armenia.

In accordance with Article 224 of the Code on Administrative Offences, the police tackle administrative copyright offences which cause minor damage to the copyright owner, such as:

• the appropriation of copyright;
• the illegal use of an object of copyright or related rights; and
• the realisation of a work without the consent of the copyright holder or a holder of related rights.

According to Article 47.1 of the Code on Administrative Offences, minor property damage is considered as damage with a value of up to AMD 500,000.

The other state body with competence to enforce the copyright regime is the Competition Protection Commission (CPC). The CPC investigates cases of unfair competition involving the use of intellectual property, including copyrighted works. It will consider such cases within three months of their initiation. A written notice of unfair competition may be submitted by individuals or legal entities through the e-system accessible at https://e-request.am/.

An act of unfair competition may be penalised by a fine of up to 5% of the revenue of an economic entity.

2 Copyrightabilty

2.1 What types of works qualify for copyright protection in your jurisdiction?

According to Article 3 of the Law on Copyrights and Related Rights:

This list is not exhaustive. Works not included in this list can also qualify for copyright protection if they comply with the requirements of Article 3(1).

2.2 What are the requirements for copyrightability?

According to Article 3 of the Law on Copyrights and Related Rights:

Pursuant to this provision, the requirements for copyrightability are:

• uniqueness;
• the result of a creative activity; and
• an expression spoken, written or otherwise expressed in an objectively perceivable manner.

Where a spoken work is not embodied through a material carrier, it is considered to be objectively perceivable if it is made available to the public through:

• public recitation;
• public performance; or
• another mode of expression.

2.3 What types of works are ineligible for copyright protection in your jurisdiction?

According to Article 4 of the Law on Copyrights and Related Rights, the following are ineligible for copyright protection:

• works of folklore and folk art;
• daily news or information on current facts and events;
• official documents such as legal acts, treaties and official translations thereof;
• state emblems and signs (eg, flags, coats of arms, medals, monetary signs);
• political speeches and speeches made in court; and
• results obtained with the help of technical means without human creative activity.

Article 4 further provides that copyright does not cover the following, even if they are expressed, described, disclosed or commented on in works:

• scientific discoveries, ideas, principles, methods, procedures, viewpoints, systems or processes;
• scientific theories;
• mathematical formulae;
• statistical diagrams; and
• rules of games.

3 Scope of protection

3.1 What legal rights are conferred by copyright in your jurisdiction?

Copyright encompasses the exclusive personal non-property rights and the exclusive property rights of an author to his or her works.

Non-property rights: The personal non-property rights of the author safeguard his or her intellectual and personal ties to the work.

The author owns the following personal non-property rights to the work:

• the right to be recognised as the author of the work;
• the right to use the work under his or her own name, a pseudonym or anonymously or to allow such use;
• the right to protect the work from possible distortions, changes or other encroachments that damage the reputation or dignity of the author;
• the right to publish the work in any form for the first time or to assign this right to another person; and
• the right to revoke an earlier decision to make the work public, if this does not comply with his or her principles and will have a negative effect on his or her authority, provided that the author adequately compensates for damage (including missed advantage) caused to lawful users. If the work has already been published, the author must issue a public notification about its revocation. The author also has the right to withdraw from circulation previous copies of the work, covering all necessary expenses.

The above provisions do not apply to computer programs, audiovisual works, databases and official works, except where otherwise provided for by an agreement concluded between the author and the employer.

Personal non-property rights are:

• inalienable and non-transferable;
• retained indefinitely; and
• subject to exhaustion, with the exception of the of the right of revocation, which is valid only during the author's lifetime.

Property rights: Property rights safeguard the material interests of the author, granting him or her the exclusive right to allow or prohibit the use of his or her work and its copies.

The author has the exclusive right to use his or her work in any way or form, and to allow third parties to use or prohibit them from using his or her work – in particular:

• to reproduce the work;
• to distribute the work;
• to rent the original or copies of the work;
• to transfer the original or copies of the work for gratuitous use;
• to translate the work;
• to arrange, rearrange, illustrate, adapt or transform the work in any other way;
• to make the work available to the public;
• to perform the work publicly;
• to display the work;
• to broadcast the work;
• to simultaneously broadcast or further rebroadcast the work;
• to transmit the work by cable or similar means;
• to use the work in other forms and modes which do not contradict with Armenian law;
• to prohibit the import of copies of works without his or her permission; and
• to receive remuneration for the use of his or her works.

3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?

No answer submitted for this question.

3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.

Neighbouring rights are protected in Armenia under:

• the Civil Code; and
• the Law on Copyrights and Related Rights.

The following neighbouring rights are protected:

• the rights of performers to their performances;
• the rights of producers of phonographs to the phonographs they record;
• the rights of film producers to the films they record;
• the rights of broadcasting organisations to their programmes;
• the rights of publishers to the publishing design of their publications; and
• the rights of database creators to the databases they create.

3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.

The moral rights of authors are protected in Armenia. Moral rights are the same in their content as the non-property rights of authors.

3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?

The Law on Copyright and Related Rights includes some exceptions to copyright use, as follows.

Free use of the work: A work may be used without the consent or remuneration of the author, but with an obligatory indication of the author's name and the source of the work, where such use:

• does not contradict the requirements of normal use of the work; and
• does not prejudice the legitimate interests of the author in relation to the work.

The following types of free use are permitted:

• citations of officially published works for scientific, research, discussion, critical and informative purposes;
• the use of literary and artistic works published legally and excerpts therefrom for the purpose of coverage in educational publications, broadcasts, audio recordings and videos of a broadcasting organisation to an extent which justifies an educational purpose and, in the case of databases, to an extent which justifies a non-commercial purpose;
• the reproduction in print and broadcasting of articles on current economic, political, social or religious issues and published in the press legally, or works broadcast in a similar way, unless the author has prohibited such use in advance;
• the reproduction in the press and broadcasting of publicly delivered speeches, reports, statements and other similar works, to an extent that justifies the purpose of the information;
• the reproduction and public transmission of literary and artistic works in order to report on current events through photography, cinematography or broadcasting, to an extent that justifies the purpose of information;
• the use of works for the purposes of judicial and administrative proceedings, to an extent that justifies this purpose, with the exception of computer programs. In such cases, an indication of the author's name and the original source of the work is not mandatory;
• the public performance of a musical work:
• • during official, religious or ritual ceremonies, to the extent appropriate to the nature of the ceremony; or
  • when carrying out educational activities in educational institutions with the participation of teachers and students, if the listeners are teachers and students, or persons directly related to the educational institution (eg, parents, guardians, trustees, mentors);
• the reproduction of a legally published work in Braille or other special methods intended for the blind, without making a profit, except for the reproduction of works created specifically in this way;
• the reproduction and distribution of works presented at exhibitions, auctions, fairs or collections by a person organising a display in catalogues published for this purpose, indicating the name of each work and the name of the author, if indicated on the work; and
• the conversion of a published work:
• • for personal or other internal purposes that is not intended for or accessible to the public; or
  • into a parody or caricature, provided that there is no confusion with the original work.

Short-term or rare temporary actions for the reproduction of a work without the consent or remuneration of the author are permitted where:

• in themselves, they have no economic significance;
• they are an integral part of the technological process; and
• their purpose is to:
• • provide an opportunity to distribute the work on a network between third parties through an intermediary; or
  • provide an opportunity for legitimate use of the work.

Reproduction of works for personal purposes: Reproduction of a work without the author's consent and without remuneration is allowed where this:

• is exclusively for personal non-commercial purposes; and
• does not prejudice the legitimate interests of the author.

Unless otherwise prescribed in the law, this rule does not apply to the reproduction of:

• architectural works in the form of buildings and similar structures;
• machine-readable databases or their essential parts;
• computer programs;
• complete books; or
• printed musical scores.

Reproduction of a work by reprint (reprographic reproduction): Reproduction by reprint involves the exact reproduction of the original or one or more copies of a written or other graphic work of any size (enlarged or reduced) and shape in any way (eg, photocopying or other technical means), except for the use of printing methods.

Reproduction by reprint does not include the storage or reproduction of the specified copy in electronic (including digital), optical or other machine-readable form.

The following is allowed without the consent of the author and without remuneration, but with an obligatory indication of the author's name and source, and only for non-commercial purposes:

• reproduction by reprint of one copy of a work by libraries, archives or educational or cultural institutions in order to:
• • restore or replace lost or damaged copies; or
  • provide a copy to other such institutions that have lost their own copy,
• if under normal conditions it would be impossible to purchase a copy in any other way;
• reproduction by reprint in a single copy of individual articles, small-volume works and short excerpts of other written works published in collections, newspapers and other periodicals by libraries and archives for educational and research purposes (at the request of individuals), as well as educational institutions for classroom classes, with the exception of computer programs;
• reproduction by reprint of one copy of a complete book, if such a work was published at least two years ago; and
• the handwritten reproduction of one copy of printed sheet music of a musical work.

Freedom panorama: The reproduction, broadcast or distribution of reproduced copies, including via the Internet, of works that have been permanently posted on any medium in parks, squares or other places open to the public is allowed without the consent of the author or remuneration.

Creation of a recording for short-term, free use by a broadcasting organisation: A broadcasting organisation has the right to make a recording or video recording of a work for which it has received the right to broadcast for short-term use, without the consent of the author and for an additional fee, if the broadcasting organisation makes this recording using its own technical means and for its own broadcasts.

The broadcasting organisation must delete and remove the recording within six months of its creation if further use of the recording has not been agreed with the author.

A recording for short-term use may be stored in official archives if they are exclusively documentary in nature.

3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?

No answer submitted for this question.

3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?

No answer submitted for this question.

4 Duration, publication and renewal

4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?

Works enjoy copyright protection from the moment of their creation.

Non-property rights are:

• inalienable and non-transferable;
• retained indefinitely; and
• subject to exhaustion with the exception of the of the right of revocation, which is valid only during the author's lifetime.

Property rights are valid during the author's lifetime and for 70 years thereafter.

4.2 What is required for a work to be published in your jurisdiction?

No answer submitted for this question.

4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?

The duration of copyright protection cannot be renewed or extended under Armenian law.

5 Ownership

5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?

According to Article 6 of the Law on Copyright and Related Rights, the author is the individual who creates the work.

5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?

The collective ownership of copyrighted works or co-authorship is recognised in Armenia. Separate parts of a work created by co-authors are deemed to have independent existence and can be used independently of other parts of the work.

Each co-author has the right to use the separate part of the work which was created by him or her and which has independent existence at his or her discretion, unless otherwise provided in the co-authorship agreement.

The work as a whole can only be used by the co-authors together. The relationship between the co-authors is defined by the co-authorship agreement concluded between them. If there is no such agreement:

• the rights to the copyrighted work will belong to all co-authors together; and
• the income received will be distributed equally between them.

5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?

The ownership of a copyrighted work can be transferred in Armenia.

However, the following rights cannot be transferred:

• the right to be recognised as the author of the work;
• the right to use the work under his or her own name, a pseudonym or anonymously, or to allow such use; and
• the right to protect the work from possible distortions, changes or other encroachments that damage the reputation or dignity of the author.

All property rights can be transferred by the author through the conclusion of an agreement. Such agreements are always revocable.

Copyright can also be inherited, subject to the above exceptions.

5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?

The property rights to a work created by an employee in the course of fulfilling his or her official duties belong to the employer, unless otherwise agreed between the parties. Personal non-property rights remain with the employee.

The agreement concluded between the employer and employee may include provisions on the procedures for calculating and paying remuneration to the author for each form of use of works created in the course of fulfilling his or her official duties.

These rules do not apply to certain works created by employees in the course of their official duties, such as:

• encyclopaedias;
• encyclopaedic dictionaries;
• scientific works;
• periodicals and continuing collections;
• newspapers;
• magazines; and
• other periodicals.

An employee can secure his or her rights through the inclusion of provisions in the employment agreement on the terms of use for works created by the employee.

5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?

Armenian copyright law does not explicitly address the ownership of copyrightable works created during the fulfilment of duties under a contracting relationship.

This issue is typically addressed on a case-by-case basis. In most instances, the rights to the work will be retained by the contractor unless otherwise specified in the contracting agreement.

6 Registration

6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?

There is no copyright registration procedure under Armenian law. Authors can deposit their work with the ArmAuthor Copyright and Related Rights Collective Management non-governmental organisation and receive a certificate accordingly. Registration with ArmAuthor is not the equivalent of registration with state bodies and ArmAuthor stresses that such registration does not establish the copyrights and authorship of the individual.

The protection afforded to a copyrighted work is always established by virtue of the fact of creation alone.

6.2 What are the advantages of registration?

No answer submitted for this question.

6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?

No answer submitted for this question.

6.4 What are the formal, procedural and substantive requirements for registration?

No answer submitted for this question.

6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?

No answer submitted for this question.

6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?

No answer submitted for this question.

6.7 If copyright registration is refused, can the applicant appeal? If so, how?

No answer submitted for this question.

6.8 Can the reviewing body's decision be appealed? If so, how?

No answer submitted for this question.

7 Enforcement and remedies

7.1 What constitutes copyright infringement in your jurisdiction?

According to Article 65 of the Law on Copyright and Related Rights, any use of a work protected by the law or an essential part thereof, or an object of related rights, constitutes copyright infringement if the permission of the copyright holder or related rights has not been obtained in advance.

An ‘essential part' of a work is considered to be any part of the work that anyone familiar with the work can independently identify as part of the work.

7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?

Armenian copyright law does not recognise secondary liability for copyright infringement. The party that violates the copyright of the author is liable for the infringement.

International practice recognises secondary liability where the secondary infringer knew or had reason to know of the direct infringement.

7.3 Is criminal enforcement of copyright law possible in your jurisdiction?

Article 227 of the Criminal Code provides for criminal liability for copyright offences which cause major damage to the copyright owner, such as:

• the appropriation of copyright;
• the illegal use of an object of copyright or related rights; and
• the realisation of a work without the consent of the copyright holder or a holder of related rights.

Such offences may be punished by:

• a fine;
• a public works order with a term of 80 to 150 hours;
• deprivation of the right to hold certain positions or engage in certain activities for up to three years;
• restriction of freedom for up to two years;
• short-term imprisonment for up to two months; or
• imprisonment for up to two years.

The penalties are higher where these criminal acts:

• cause particularly severe property damage to the author or another rights holder;
• are performed utilising information or communication technologies;
• involve forced co-authorship;
• are committed through the use of authority or official powers or their influence; or
• are committed by a group of individuals with prior consent.

In such cases, the penalties are as follows:

• a fine of between 10 and 30 times the damage;
• a public works order with a term of 100 to 200 hours;
• deprivation of the right to hold certain official positions or engage in certain activities for between two and five years;
• restriction of freedom for up to three years;
• short-term imprisonment for up to two months; or
• imprisonment for up to three years.

7.4 What is the statute of limitations for copyright infringement?

The statute of limitations for copyright infringement is three years from the moment the rights holder knew or should have known of the infringement.

There is no statute of limitations for infringements of personal non-property rights.

7.5 Who has standing to bring copyright claims?

No answer submitted for this question.

7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?

A plaintiff should pursue a claims for copyright infringement:

• within three years of the moment at which he or she knew or should have known of the infringement of his or her property rights; or
• at any time for the protection of personal non-property rights.

A claim can be brought through a representative or personally. From 1 February 2024, all claims before the Court of First Instance in civil litigation must be brought through the electronic system accessible at https://cabinet.armlex.am/ when they are brought through a representative.

Claims that are brought personally by the plaintiff can still be sent directly to the Court of First Instance.

On receiving a claim, the Court of First Instance will decide, within seven days, whether to:

• accept the claim;
• refuse the claim; or
• return the claim where there are formal flaws in the claim, in which case the plaintiff has 10 days to submit a corrected claim to the court.

This is the procedure for bringing claims in both civil proceedings and administrative litigation.

The rights holder can initiate either civil proceedings or administrative litigation where the damage caused does not exceed AMD 500,000. In administrative proceedings, the infringer is fined; while in civil proceedings, the defendant pays compensation to the plaintiff.

In choosing the court in which to pursue a claim, the rights holder should take into account the difference between the forms of liability in administrative and civil proceedings.

7.7 What fees and costs are usually incurred in infringement actions?

No answer submitted for this question.

7.8 What typical defences are available to a defendant in copyright litigation?

One of the typical defences of the defendant in the copyright litigation is its response to the claim.

The defendant can answer the plaintiff's claims in part or in full. When bringing a response to the claim, the defendant can submit new evidence to support its legal position and arguments.

The next typical defence available for the defendant is a counterclaim. The defendant can bring a counterclaim if:

• there are sufficient grounds to believe that satisfaction of the counterclaim would either completely or partially exclude satisfaction of the initial claim;
• there a mutual link between the initial claim and the counterclaim, and their joint consideration by the court would contribute to the effective resolution of the case; and
• the counterclaim is aimed at offsetting the initial claim.

7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?

Holders of copyright or related rights can demand the following remedies:

• recognition of their rights;
• restitution of the situation that existed before the infringement and cessation of the infringing or potentially infringing actions;
• seizure or destruction of infringing copies, materials and equipment used for their manufacture;
• compensation for the damages caused (including lost profits);
• compensation of double the fee or remuneration that the rights holder would have received had the infringer obtained permission to use the copyrighted work;
• publication of the court decision in the Armenian mass media, to the extent specified by the court, at the expense of the infringer; and
• the application of other remedies established by Armenian law in connection with their rights.

7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?

Damages are one of the available remedies for copyright infringement. Compensation for damages includes:

• the actual injury to the rights holder; and
• lost profits.

In determining the amount of compensation for damages to award, the court will consider the evidence presented to it. The plaintiff must show that, as a result of the infringement, it suffered damages in the amount for which it is seeking compensation.

A new draft law is under discussion that would establish statutory damages in the amount of AMD 20,000 to AMD 1 million for copyright infringement.

7.11 What is the procedure for appealing a decision in copyright litigation?

In the month before the first-instance decision enters into force, the rights holder can appeal the decision before the Court of Appeal.

The rights holder must submit the appeal and all documents attached thereto to the Court of Appeal. It must also send the appeal and copies of the documents attached thereto both to the defendant and to the Court of First Instance.

The appeal can be brought personally or through a representative.

The decision of the Court of Appeal can be appealed to the Court of Cassation within one month of issue of the decision of the Court of Appeal but before it has entered into legal force.

This one-month also applies to appeals before the Criminal Court of Appeal and the Administrative Court of Appeal.

The decision of the Court of First Instance can be appealed to the Court of Appeal if:

• the decision involved a violation or the improper application of substantive norms of law by the court;
• the decision involved a violation or the improper application of the norms of procedural law by the court; or
• there are newly discovered or new circumstances that should be considered.

A decision of the Court of Appeal may be appealed before the Court of Cassation only:

• on the basis of one of the above grounds; and
• if one of the grounds for the admissibility of a cassation appeal is met, as follows:
• • the decision of the Court of Cassation on the issue raised is essential for the uniform application of the laws and other normative acts of Armenia; or
  • there may have been a fundamental violation of human rights and freedoms.

A decision of the Court of Cassation may be essential for the uniform application of the laws and other normative acts of Armenia if:

• lower-instance courts have applied contradictory interpretations of the relevant norm or provision;
• the interpretation of any norm in the contested judicial act contradicts the interpretation given to this norm in a decision of the Court of Cassation; or
• there is a problem relating to the development of law connected with the norm of substantive or procedural law applied by the court.

There may have been a fundamental violation of human rights and freedoms if:

• when passing the contested judicial act, the court breached the norms of substantive or procedural law in a way that violates the very essence of justice; or
• there are new or newly discovered circumstances.

7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?

Armenian law provides for a general enforcement regime for all types of works.

7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?

The steps that copyright owners can take to prevent infringement include the following:

• Record the work by depositing it with a public organisation that manages copyright and related rights on a collective basis, such as ArmAuthor (see question 6.1). Alternatively, send a copy of the work by mail to your address without opening the envelope and keep it until it is needed during a dispute (record which envelope contains which work, so that if necessary, the court can open the envelope containing the relevant work itself).
• Include copyright notices in your works. If you have pages on social networks or a website, affix a copyright notice thereto also.
• Use digital rights protection technologies such as digital watermarks and digital rights management tools to prevent unauthorised copying or distribution of your content.
• Be sure to enter into contracts first, so that the use or transfer of the rights to the work is clearly defined.

8 Licensing

8.1 What types of copyright licences are available in your jurisdiction?

Simple (non-exclusive), unique and exclusive licences are available in Armenia:

• A simple or non-exclusive licence provides the right to use the work while preserving the licensor's right to use it and grant licences to third parties.
• A unique licence provides the right to use the work while preserving the licensor's right to use it but not to grant licences to third parties.
• An exclusive licence provides the right to use of the work while not preserving the licensor's rights to use the work or grant licences to third parties.

8.2 What terms do licences typically include (both express and/or implied licences)?

Licence agreements usually include the following terms:

• the rights provided by the agreement;
• the scope and methods of use of the rights;
• the term of use;
• the remuneration or/and the procedure for determining the amount of remuneration;
• the terms of payment of the remuneration; and
• other clauses (eg, the territory of use, any right to sub-license).

In the absence of a term clause, the agreement is presumed to be valid for a term of five years.

8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?

Armenia has a collective rights management regime. Collective rights management non-governmental organisations (NGO) have been established in order to manage the property rights of rights holders – in particular, to:

• collect royalties; and
• conclude licence agreements with the users of works.

These NGOs are authorised to undertake the collective management of the following property rights:

• public performance;
• public information;
• reproduction via video recording;
• broadcast and retransmission; and
• transmission and retransmission over a cable connection.

Rights of remuneration (royalties) can be collectively managed where an NGO performs the following functions:

• concludes licence agreements with users of works of copyright and related rights;
• agrees with users the amount of remuneration payable and the other clauses of the licence agreement;
• agrees with users the amount of remuneration payable in cases where a licence agreement has not been concluded (eg, renting; utilising phonographs for commercial purposes);
• collects royalties and distributes and pays them to the rights holders it represents;
• at the request of the copyright holder, deposits an author's work or an object of related rights and issues an appropriate document about it (a certificate which does not have legal force);
• concludes mutual protection agreements with similar organisations in foreign countries;
• makes deductions from the collected amounts of royalties in accordance with the established procedure to cover the actual expenses incurred during the collection, distribution and payment of royalties;
• in the case of simultaneous use of protected and unprotected objects, transfers the amount calculated for the use of unprotected objects to special funds that are created by it with the consent of the rights holders it represents and in their interests;
• in case of non-identification of the author of the work or related rights holders during the claim period set by the law, uses the amount due to it in the interests of other rights holders and the development of the organisation;
• performs other legal activities necessary for the protection of the rights of the rights holders it manages;
• performs any other activities under the authority granted to it by rights holders; and
• at the request of rights holders, provides them with all necessary information on the use of the works.

The key player in Armenia is the ArmAuthor Copyright and Related Rights Collective Management NGO. ArmAuthor has also been a member of the International Confederation of Societies of Authors and Composers since 2001. ArmAuthor cooperates with about 46 foreign collective rights management organisations on the bases of bilateral agreements concluded between them.

8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?

Compulsory licences are not available in Armenia in relation to copyright and related rights.

However, compulsory licences are recognised in the field of patent law.

8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.

No answer submitted for this question.

8.6 Can or must copyright licences be officially recorded in your jurisdiction?

The Armenian copyright regime does not require the mandatory registration of copyright licences.

8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?

Specific requirements on the validity of a copyright licence agreement are not set out in the law. The mandatory clauses (eg, the scope of the rights, remuneration and the procedure for payment and determination of remuneration) must be included in the agreement in order for the latter to be valid.

9 Protection of foreign copyright

9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?

Foreign copyrighted works are protected in Armenia in several ways:

• Under Armenian copyright law, the works of foreigners who are permanently living in Armenia are protected if those works were first published in Armenia.
• The works of foreigners are also protected under Armenian law on the basis of:
• • international agreements and treaties to which Armenia is a party; or
  • the principle of reciprocity.

9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?

Article 5 of the Berne Convention provides as follows:

Under the convention, rights holders will be granted rights under Armenian law if their works have been created outside the jurisdiction. Foreign copyright holders should be aware of the provisions of Armenian law to ensure that their works are protected in this jurisdiction.

10 Trends and predictions

10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The current copyright landscape in Armenia is continually evolving.

New developments include:

• an upcoming legislative draft on providing statutory damages for copyright infringement in an amount of between AMD 20,000 and AMD 1 million;
• a legislative draft that would revise the Law on Copyright and Related Rights in order to expand the list of copyrightable works and introduce new provisions on co-authorship, among other things; and
• a potential increase in the royalties due for the use of works.

10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.

No answer submitted for this question.

10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?

No answer submitted for this question.

11 Tips and traps

11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?

Our top tips for protecting copyright in Armenia are as follows:

• Deposit copyrightable works with a collective rights management organisation.
• Always conclude licence agreements.
• Always add a digital watermark or copyright sign where possible or use other alternatives (eg, a signature).
• Keep a copy of the work in a sealed envelope.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.