Copyright Infringement in the Digital Age: The Case for Reform to Kazakhstan’s Copyright Laws

Abstract

Background: The rapid digitalisation of copyrighted materials and the creation of new digital products pose significant challenges to copyright law in the era of globalisation. Digitisation has revolutionised access to information by converting it into a digital format, thus making it easier for anyone who surfs the internet to reproduce and share data. However, new technologies have also resulted in illegal activities such as online copyright infringement. That being the case, the development of digital technologies requires new relevant approaches and provisions from the national copyright law of Kazakhstan to handle copyright infringement on the internet. It could be argued that the current legislation cannot handle legal issues related to copyright, especially the responsibility of internet service providers (ISPs) for the violation of the copyright. This article aims to identify shortcomings in the legal regulation of ISPs in the Republic of Kazakhstan and to offer recommendations for improving legislation in this area. The novelty of the paper lies in Kazakhstan’s legislation, lacking regulation on the legal status of ISPs and their role in protecting copyright on the internet. By comparing Kazakh legislative developments with practices in the US, UK, and Ukraine, the paper provides insights into potential reforms for better handling digital copyright infringement. Methods: This paper applies several research methods, including systemic, comparative legal, and historical legal analysis. The primary focus is on examining the legislation and case law of the US, UK and Ukraine regarding copyright issues to enhance Kazakhstan’s existing legislative framework. Results and conclusions: This article argues that national acts of Kazakhstan on copyright were obsolete before the advancement of digital technologies and therefore, need to be updated to keep pace with modern technologies.