TV and copyright

TV and copyright

ՀCopyright of related TV companies These rights are provided by Internet service providers (Cable TV, OTT, IPTV, Web Streaming TV) to violate about civil liability


According to the RA Law on "Copyright and Related Rights" TV Company is a legal entity with copyright and related rights, which, according to the RA Law on Television and Radio, rebroadcasts television and radio programs.

RA Law on Television and Radio Article 3 according to TV and radio program It is a set of TV and radio programs, advertisements and other materials intended for broadcasting, pre-arranged by the TV and radio company.

According to the same article TV and radio program Television or radio broadcasts image (or) sounds and (or) material containing a live performance or a fixed constraint containing other information that is 'organizationally independent' of the content is considered complete Copyright and (or) related object object.


RA Law on "Copyright and Related Rights" Article 50 according to Report of the broadcasting organization is considered to be a set of live performances or recorded material containing images (or) sounds or other information intended for broadcast, prepared by the broadcasting or cable-broadcasting company or by its order և by other means.

Advertising that makes up the content of the TV and radio program and Other materials, for example:  audio-visual works (motion pictures, animation, cartoons, short music videos, commercials, documentaries, documentaries և other films) in accordance with the RA Law on Related Rights Article 3, Part 4, sub-item f) are also object of copyright.


Audiovisual work saying the same law  Article 34 According to this we mean a fixed series of images accompanied or without sound, which is a unique result of creative work; it is possible to watch with the help of appropriate technical devices, and in case of sound, to listen.

According to the same Article 34 complete audio-visual work are the authors the director, the author of the script, especially the author of the musical work created for the given work, the author of the dialogue, the director

The TV company is a copyright holder by virtue of the law on copyright agreements.

Thus, according to the RA Law on "Copyright and Related Rights" Article 33 The TV company is the employer - the property rights to the work created by the employees in the order of performance of official assignments or official duties belong to it.

The same law Article 34 The property rights of the authors under the contract concluded with the producer on the creation of the audiovisual work shall be transferred to the producer of the first fixation of the audiovisual work, which is the Television Company, under the contract concluded with the producer.

TV Company Article 48 of the law is by force holder of related rights, because on his own initiative և responsibly fixed films that are shown in his TV programs.

TV is the law Article 50 he is by force. " holder of related rights, as a broadcasting company, as it is considered the person on whose initiative և responsibly broadcasts or prepares and broadcasts programs.

Moreover, in addition to the above, the results of non-proprietary intellectual activity (programs, cartoons, TV series, movies, etc.) that are included in TV programs are usually obtained by the TV company for a fee for use with the appropriate local և foreign copyright holder. on Rights >> of the RA Law Articles 39 and 40 by concluding copyright agreements in accordance with the requirements.

Thus, in view of the above, it is obvious that the TV company, as a legal entity, has exclusive rights to use the copyright related to its content, as well as the right to allow or prohibit third parties.

According to Article 13 of the RA Law on "Copyright and Related Rights", these basic rights are:

  1. reproduction of the work (reproduction right), which, within the meaning of Article 14 of the same law, is considered the direct or indirect, temporary or permanent fixation of the work on any medium, by any means, in whole or in part.
  2. dissemination of work (Distribution right), within the meaning of Article 15 of the same law, the circulation of the original or copies of a work by other means of sale or other transfer of ownership, as well as their import.
  3. transmission of the work to the public (to the public transmission right), which in the sense of Article 19 of the same law is considered to make the work available to the members of the public in a non-materialized way through direct performance or through the transmission of its video recording, with or without a cable. Communicating to the public is also making the work available to members of the public in such a way that it is accessible to members of the public at any time and place of their choice, particularly through computers or similar networks.
  4. broadcast of the work (Broadcast right) which, within the meaning of Article 21 of the same law, is the propagation of images կամ (or) sounds or their signals by means of electromagnetic waves with or without a cable (including cable communication) (including radio, television or satellite communication) - those images or sounds to the public to make it accessible to members. Broadcasting is the dissemination of coded signals if the means of decoding them have been provided to the public by the broadcaster or with its consent.
  5. Simultaneous or subsequent rebroadcast of the work (rebroadcast right), which, within the meaning of Article 21 of the same law, is considered to be the simultaneous broadcasting of a program of a broadcasting organization simultaneously or an already broadcast և recorded program by another broadcasting organization.
  6. transmission of the work by cable or similar means (cable transmission right).

According to Article 51 of the RA Law on "Copyright and Related Rights" the broadcasting organization has the right to use his / her program for any horse ու to receive a fee for each horse using the program. The broadcaster has the exclusive right to prohibit or authorize third parties to perform the following actions:

  1. program reservation
  2. Direct or indirect reproduction of a fixed transmission.
  3. Dissemination of copies of fixed transmission, including import.
  4. rebroadcast of the program.
  5. broadcasting in public places with paid access.
  6. making the program available to the public.

RA Law on "Copyright and Related Rights" Articles 39, 49, 51 Logically, other persons can use the objects of copyright և related objects only with the permission of the person holding the property rights (author of the work or another person to whom those rights have been transferred in the manner prescribed by law, hereinafter the copyright holder), unless otherwise provided by law. not provided. Otherwise, according to Article 65 of the same law, any use of the work protected by law or a substantial part of it or an object of related rights is illegal, if in advance, before such

use not acquired by copyright or related rights holder

Thus, it is illegal for any person who organizes Cabel TV, OTT, IP TV, Web Streeming TV և to provide such a service ապ to broadcast TV programs until the latter has obtained the copyright և related rights from the TV company before using it in this way.

Illegal use is detected in particular on hosting servers for reproduction (Article 13, part 1, point "a", Article 14, Article 51, part 2, point "b"), strong "re-broadcasting" (Article 13, part 1, point "j", Article 21) և making it available to the public in such a way that it is available to members of the public at any place of their choice և at present, in particular through computers or similar networks (Article 13, part 1, point "e", Article 19).

Therefore, without the permission of the right holder, the person using the work is obliged to compensate the right holder for the damages he has suffered, that is, to pay him at the request of the right holder:

a) Royalty or double the amount of compensation, which: The copyright holder would have received it if the offender had obtained permission to use the copyright object, or'

(b) compensation commensurate with the actual damage caused by the infringement, including lost benefit / Civil ․ day. Article 1137 /.

Author: Arthur Varderesyan, Executive Director of MSIA NGO