Fixing authorship
We help gather evidence of the creation of a work: source files, drafts, deposit, dated publications.
We help establish authorship before it is needed in a dispute
We draft author's order and rights transfer contracts
We prepare claims and lawsuits for unlawful use of works
We recover compensation and secure the removal of others' publications
We handle disputes over rights between authors, clients and employers
Analysis of your situation: what confirms authorship, who currently holds the rights under the documents, and what can be claimed from the infringer.
Message us on WhatsAppWe help gather evidence of the creation of a work: source files, drafts, deposit, dated publications.
A document for the creation of a work with a clear description of the result, deadlines and who the rights pass to.
Assignment of rights or a licence agreement: scope of permitted use, term, territory and remuneration.
A demand to remove the material, stop the use and pay compensation. In most cases the matter is resolved at this stage.
A claim for unlawful use of a work: preparing evidence, calculating the claim, handling the case.
We work out where it is adaptation and where it is infringement, and build a position taking into account permissible quotation.
Works made for hire and contractors' works: who owns the result and how to formalise it correctly.
A claim has been brought against you for the use of material — we check the grounds and dismiss unfounded claims.
The first consultation is free. If the use is lawful — for example, it falls under quotation — we will say so straight away rather than leading you into a hopeless dispute.
Cost
Guidelines for common enquiries. The amount depends on the volume of materials and the stage of the dispute; it is quoted after the review and fixed in the contract.
| Service | What is included | Cost |
|---|---|---|
| Consultation on copyright | Review of the situation and assessment of the prospects of a claim | free of charge |
| Legal opinion | A written analysis of the rights, the infringement and the options for action | from 45,000 ₸ |
| Author's commission agreement | An individual agreement for the creation of a work | from 70,000 ₸ |
| Licence agreement | Terms of use: scope, term, territory, remuneration | from 80,000 ₸ |
| Demand letter to the infringer | Demand to cease use and pay compensation | from 50,000 ₸ |
| Claim for recovery of compensation | Preparation of evidence and conduct of the case in court | from 200,000 ₸ |
| Establishing authorship | Collecting evidence of creation and depositing the work | from 40,000 ₸ |
| Defence against a third-party claim | Review of grounds and preparation of a response | from 60,000 ₸ |
Prices are indicative and do not constitute a public offer. State duty, deposit, notarial inspection of a website and expert examinations are paid separately and directly — we do not earn on them.
We establish what the work is, when it was created and what has already happened: contracts, publications, correspondence with the infringer.
We look at who owns the rights according to the documents. It often turns out that the author transferred them himself, without noticing a term in the contract.
Screenshots, a notarial inspection of the page, saving the publication. It is almost impossible to prove a removed item.
We calculate the amount of the claim and tell you honestly what can realistically be recovered and whether it is worth taking the case to court.
We set out the scope of work and the amount in writing, before we start. No additional invoices appear.
A demand to stop the use, remove the material and pay compensation. Most disputes are resolved at this stage.
If the demand is ignored, we prepare the claim, conduct the case and, where necessary, apply for an expert examination.
We see the recovery through to actual payment and put your contracts in order so that the next such dispute never starts.
Send us the link and the source files — we will tell you whether there is an infringement and what can be claimed.
Team
We handle a case from start to finish with the same team: you always know who is dealing with your matter and who to contact.
Practice
Details have been changed and anonymised: the content of the case is protected by professional privilege.
Useful information
An author, photographer, designer, musician or company in Almaty most often faces the same situation: the work has been published, used in advertising or sold, and no one asked for permission. The reverse scenario also happens — you receive a claim about the use of someone else's material, and you need to work out quickly what you actually infringed and what you did not.
A mistake in such cases is costly, because the legal fate of the work is decided in the first few days: what was signed, what was saved, who got access to the files and when. Many people delay securing evidence, delete correspondence, publish rebuttals — and weaken their position as a result. Let us go step by step through how copyright works, which documents carry weight and what to do when a dispute has already started.
Copyright in Kazakhstan arises from the moment the work is created, and registration is not required for this. The form of expression is protected — text, a photograph, a melody, a layout, code — while ideas, methods, concepts and facts remain free for everyone. That is why a dispute is usually not about whether you came up with something first, but about who embodied the idea in a specific object and when.
A copyright lawyer is a specialist who deals with such situations: proving that you created the work if it is used without permission; determining who owns the rights to a work made to order or in the course of employment; properly formalising the transfer of rights or a licence; responding to a claim from a rights holder. Reasons to consult a copyright lawyer also include a publication being blocked, a photo being used without crediting the author, and a demand for payment from someone who considers themselves the rights holder.
To defend your rights, you need to gather evidence in advance. Drafts, source files with metadata (for example, RAW for photos or working design files), correspondence with the customer or co-authors, publications with a date — all of this confirms that you created the work. A copyright specialist will help organise such materials and assess their strength in court.
Another option is to enter information in the state register of rights to objects protected by copyright: applications are accepted by the National Institute of Intellectual Property. A certificate from the register serves as strong evidence, although authorship arises from the moment the work is created. A copyright lawyer will advise when registration is useful and when internal evidence is enough. If you are a photographer, designer, musician or company, prepare your confirmations in advance — before a dispute, not after.
Collect and keep:
If a work is created as part of employment duties, as a general rule the rights to it belong to the employer. This applies to texts, design, photographs, music and other content that the author produces on the company's instructions. However, a contract may establish a different arrangement: the rights remain with the employee-author or are shared between the parties.
In the employment contract or a separate agreement it is important to state directly who owns the exclusive rights and which methods of use are covered. If the wording is vague, the dispute is decided by a court, and an intellectual property lawyer assesses the actual circumstances: the job description, work assignments, correspondence. For a company it is risky to leave this matter unattended — a lawyer in the field of intellectual property will help draft the contract so that the rights pass to the employer.
Before signing the papers, it is important to understand what exactly you are transferring. A licence agreement grants the right to use the work within the agreed limits, while an assignment agreement transfers the exclusive rights in full. If the author wants to retain control, they need a licence agreement; if the client needs full control, assignment is more often used. An intellectual property lawyer helps choose the structure to fit the task, not a template.
The difference lies in the scope of rights, the ability to prohibit use by third parties, the term and the territory. On assignment, the author loses the exclusive right and can no longer permit or prohibit use themselves, although they remain the author and their personal non-property rights are retained. Under a licence, the exclusive right remains with the right holder, and the licensee receives only what is expressly stated in the contract. Below is a comparison by key parameters.
| Parameter | Licence agreement | Assignment agreement |
|---|---|---|
| What is transferred | The right to use | The exclusive rights in full |
| Who retains the right | The right holder | The acquirer |
| Scope | Only the specified methods | All methods of use |
| Term | For the term of the contract | Indefinite, unless otherwise stated |
The choice between a licence and an assignment depends on whether the client needs full control or a permission to use is sufficient.
A contract on the transfer of rights works only if it precisely describes the subject matter, the scope of rights, the term, the territory and the manner of use. The subject matter is a specific work: a photograph, a track, a layout, a text, and not a general phrase such as "materials". The scope of rights is listed by acts: reproduction, distribution, alteration, public display, making available to the public. If a type of use is not named, the right to it is deemed not to have been transferred.
Dangerous mistakes occur more often than it seems. The author signs a contract without a term or with the wording "forever", does not check who gets the rights to alter the work, and leaves the territory clause unattended. As a result, use goes beyond Kazakhstan or the work is changed without consent, and proving the violation is difficult. Having a contract reviewed by an intellectual property lawyer before signing is cheaper than a dispute afterwards.
In a dispute over authorship you are not proving the fact of someone else's use — you are confirming that you created the work. These are different subject matters: in the first case authorship is challenged, in the second your authorship is acknowledged but the lawfulness of copying or alteration is disputed. Hence the different tactics: in the first proceedings the focus is on evidence of creation and dates, in the second on the similarity of elements and the absence of permission.
First, gather everything that confirms the journey of the work: drafts, source files in a graphic editor, RAW files, project files, correspondence with the client, dates in the metadata. Fix the date — entering information into the state register of rights to copyright objects, a notarial inspection or a publication with a time stamp. Then a copyright protection lawyer builds the position: which fact you are proving, which evidence is relevant and what the opposing party is disputing. In disputes over use, the recording of the infringement itself is added to this.
In a dispute over authorship, the one who took care of the evidence first wins. A copyright lawyer advises fixing the work in advance, for example by a notarial inspection. A consultation with an intellectual property lawyer will suggest a suitable method of fixing.
Courts in Kazakhstan examine digital traces: metadata, dated publications, correspondence, drafts and source files. A mistake is to delete or rewrite them after a dispute begins: they cease to confirm the date and authorship. The outcome of legal protection of intellectual property depends on this.
| Method | What it proves | When it is suitable |
|---|---|---|
| Notarial inspection | The content of a website or publication on a specific date | Infringement online, risk of the page being deleted |
| File metadata | The date of creation and the author's device | There is a source file, draft or working file |
| Dated publication | First public disclosure | The material is posted on your own platform |
| Correspondence | Discussion of creation and use | There is contact with the infringer or the client |
The methods are combined: one confirms the date, another confirms authorship.
A dispute almost always reaches court only as a last resort. The right holder sends a letter of claim: it describes which work was used, by whom and how, and demands that the use be stopped. At the same time, you can claim damages or compensation — these are recovered through court if the infringement has not stopped. In our experience, 70% of copyright disputes are resolved by a letter of claim: the counterparty prefers to remove the content, pay extra under the licence or enter into an agreement rather than go to court.
Mistakes at this stage are the most costly. A letter of claim without proof of authorship and evidence of the infringement is easily ignored; a letter without a demand and a deadline does not interrupt the infringement; deleting your own publications before a notarial inspection deprives you of evidence. If the work is used by several persons, a letter of claim is sent to each of them — otherwise the dispute will drag on. A copyright lawyer helps gather evidence, formulate the demands and conduct correspondence so that it works in favour of the subsequent court case.
When negotiations and the pre-trial letter of demand produce no result, the dispute goes to court. This is where a copyright lawyer is needed: they prepare the claim, gather evidence of authorship and infringement, and represent interests in court. Most often the claims are to prohibit use of the work, seize and destroy counterfeit copies, publish the court decision, and recover damages or compensation. Usually the right holder first sends a letter of demand requiring use to stop, and only then applies to court for recovery: by law, the pre-trial procedure in such disputes is not mandatory, but the letter of demand records the infringement and the date of the demand.
A copyright lawyer handles the case from start to enforcement: determines jurisdiction, applies for interim measures, works with expert examination and proves the amount of losses. A copyright defence lawyer is also needed by the defendant — to challenge the demand, reduce compensation, and prove lawful use. A consultation only explains the prospects and risks, whereas court representation means procedural documents, participation in hearings and interaction with the court enforcement officer. An intellectual property defence lawyer covers related matters: trade marks, patents, trade secrets.
When a dispute reaches formal procedures, an intellectual property lawyer joins the case: they represent interests in court, prepare procedural documents and build a position on each piece of evidence. At this stage, the copyright defence lawyer focuses on the claim for compensation or damages, proves the amount of losses and substantiates the calculation. Our practice includes 14 years of work on civil cases and more than 120 rights protection cases.
If the court grants the claims, work with a private or state court enforcement officer follows: tracing the debtor's property and accounts, requests to banks, travel restrictions and other enforcement measures. A copyright lawyer monitors this at every step, because without persistent follow-up the decision often remains on paper.
A letter of demand from the right holder is not a verdict but an invitation to talk in the language of documents. First check what is being claimed against you: is authorship confirmed, is the object protected at all, does your use match what is described in the demand. Often the demand is built on emotion rather than evidence, and a copyright lawyer sees this on the first reading.
Then you decide: stop the use, adjust the disputed fragment, or negotiate terms. The response to the demand is prepared by a lawyer — relying on your documents, dates, correspondence and contracts. Intellectual property lawyers in such cases first assess the object and the scope of rights, rather than rushing to pay.
A patent lawyer handles cases where protection concerns the technical essence: inventions, utility models and industrial designs. They prepare and file applications, correspond with the examination, secure the grant of the title document and monitor its maintenance in force. If someone has reproduced your solution without permission, the matter is handled by a patent disputes lawyer: they build arguments on the coincidence of essential features and secure cessation of the use.
This area overlaps with copyright at the boundary. A work is protected from the moment of creation, whereas a technical solution is protected only after registration, and a patent lawyer checks what is actually protectable in your case. Confusion is costly: a dispute over a design, layout or description may turn out to be a patent matter rather than a copyright one.
The key in a copyright dispute is not emotions or the number of publications online, but the chain of evidence: from whom and when you received the material, to whom and on what terms you transferred the rights. This chain needs to be assembled before the conflict becomes public.
Reviews
A large company took my photos for advertising and didn't even ask me. There was no contract at all, none. At first I was confused, didn't understand where to start. Then I found a lawyer and we recorded everything notarially. Then we sent a claim. I waited and worried, but it all went calmly. They paid without court. I was so happy I didn't even believe it at first. Thank you very much for the work
Service: Copyright lawyer in Almaty
Dana, thank you for the review. We're glad the matter was resolved without court and you received payment.
I'm a developer, and the client suddenly claimed that all the code was now his — I got scared I'd be left with nothing, so I went to a lawyer. We went through the contracts line by line, and it turned out the rights weren't transferred in full. In the end we agreed on a licence.
Service: Copyright lawyer in Almaty
Artyom, thank you for trusting us. Good that we got to the bottom of the contract terms and found a solution.
Our articles were copied in full onto another website, I didn't know where to turn and went to a lawyer. Gulnara helped write to both the owner and the hosting provider. Within a week everything was taken down
Service: Copyright lawyer in Almaty
Біздің студия үшін авторлық тапсырыс шартын жасау керек болды, интернеттен жүктеп алған үлгілер сенімсіз көрінді, сондықтан юрист іздедім. Маған шартты түсінікті етіп түсіндірді, қандай тармақтарды мұқият қарау керегін айтты. Енді бізде өз үлгіміз бар, оны қолданып жүрміз. Тек жауапты сәл күтуге тура келді, құжаттарды тағы апару керек болды. Бірақ нәтижесіне ризамын, көп нәрсе үйрендім.
Service: Copyright lawyer in Almaty
Сайтымдағы сурет үшін маған талап келді, мен қатты қорықтым, өйткені заң істерін мүлде білмеймін. Юристке жүгінгенімде ол бәрін тексеріп шықты. Суретті талап еткен адам нақты құқық иесі емес екен. Біз жай ғана жауап жазып, бұл мәселеден құтылдық. Рахмет, көп көмектестіңіздер.
Service: Copyright lawyer in Almaty
They explained the difference between alienation and a licence, before that I signed everything without looking. Now I read the clause about rights first thing.
Service: Copyright lawyer in Almaty
The illustrations were used on product packaging. It went to court, the compensation awarded was less than we asked for, but it was awarded.
Service: Copyright lawyer in Almaty
I came with an idea that I thought had been stolen, and was ready to go to court. I was told honestly that there was nothing to defend here. It was unpleasant, but at least I saved money and nerves.
Service: Copyright lawyer in Almaty
Timur, thank you for the review. We understand it's not easy to hear that, but it's better to assess the prospects straight away.
They helped me deposit a series of works. Six months later it came in handy, the dispute was resolved with a single reference to the deposit.
Service: Copyright lawyer in Almaty
My music was used in someone else's video without permission, I looked for a lawyer because I didn't know what to do myself. The video was taken down, but they never paid the money, the case is still ongoing
Service: Copyright lawyer in Almaty
We have in-house designers at the company, and I didn't understand who owned their work. At some point disputes started within the team. I decided to find a lawyer to sort out works made for hire. They explained that the employment contracts needed to be rewritten. They also drew up instructions for employees. We put everything in order in a new way. Now it's calmer, because there are no unclear points left. The work went slowly, but carefully. I'm happy with the result
Service: Copyright lawyer in Almaty
I thought screenshots would be enough to prove the violation. Turned out they had to be notarised. Good thing they told me that straight away. Otherwise I would have relied on the screenshots and been left with nothing. It took a bit of time but everything went smoothly. They explained everything clearly without unnecessary words. Thank you for the honesty. Now I'll know how to act
Service: Copyright lawyer in Almaty
Thank you for the review. It's important that evidence is collected correctly from the very start — glad we were able to point that out in time.
My text was published on someone else's website without permission, and I didn't know what to do about it. I went to a lawyer because I was scared to start on my own. The claim was sent the same day. I didn't even expect that kind of speed. The material was taken down within three days. They kept in touch with me the whole time. I was pleasantly surprised. Thank you for the speed
Service: Copyright lawyer in Almaty
The only thing is that a notarial inspection of the website isn't cheap, it's a separate expense. But Viktor warned us about it in advance, so it wasn't a surprise
Service: Copyright lawyer in Almaty
Thank you for the review. A notarial inspection is indeed a separate expense, so we try to warn about it straight away.
I needed a licensing agreement to transfer rights to my course, but I don't know how to do it properly. I went to the lawyer, and Madina laid it all out. They took into account points I wouldn't have even thought of. Now I'm calm that everything is legal
Service: Copyright lawyer in Almaty
I came with a copyright dispute, before that I didn't understand who to go to. Here you can immediately see they know the subject. Not like ordinary lawyers for whom intellectual property is something new.
Service: Copyright lawyer in Almaty
We had a dispute between two authors over a joint work, we got confused about who did what. Asel helped us reach an amicable agreement. We drew up an agreement on shares
Service: Copyright lawyer in Almaty
They helped with a claim to a marketplace, where goods with our design were being sold. The listings were taken down.
Service: Copyright lawyer in Almaty
The case took a long time, almost five months with the claim and the court. I was already tired of waiting. But there is a result
Service: Copyright lawyer in Almaty
Svetlana, thank you for your patience and your review. We're glad the case ended in your favour.
They took my text and rewrote it in their own words, I didn't understand where the line was, so I went to a lawyer. Yerlan explained where the line is and why it's arguable here. I understood that the case isn't a simple one
Service: Copyright lawyer in Almaty
FAQ
The initial consultation is free: we review the situation and tell you whether there is an infringement. Indicative prices for a written opinion, a claim to the infringer and court representation are listed in the price section above.
No, it arises from the moment the work is created. But in a dispute what matters is not the existence of the right, but the ability to prove it: source files, drafts, dated publications, correspondence and deposit.
No, the form of expression is protected, not the idea, theme or method. That is why "they copied the concept" and "they re-uploaded my material" are fundamentally different situations with different prospects.
It depends on the wording. If the agreement contains a condition on assignment of exclusive rights to the customer, the rights passed to them, even if you are the author. This is the clause we check first.
On assignment, the rights pass completely and permanently. Under a licence, the right of use is granted within an agreed scope — for a term, a territory and specific ways of use. For an author, a licence is usually more favourable.
First, record it: screenshots with a date, saving the page, and for a significant sum — a notarial inspection of the website. Then send a claim demanding that the use stop and compensation be paid. Most disputes end there.
The amount of compensation is determined by the court, taking into account the nature and duration of the infringement, the volume of use and the infringer's gain. We give a realistic estimate after reviewing the materials, before sending the claim.
For a claim, usually yes; for court, where the amount is significant, a notarised inspection of the page is better. Material is taken down quickly, so it needs to be recorded before the infringer learns of your claims.
A work created by an employee in the course of their employment duties, as a general rule, belongs to the employer. But everything depends on the wording of the employment contract and the job description — these are worth putting in order in advance.
Quoting to a justified extent with attribution of the author and source is permissible. The boundaries here are a matter of judgement: retelling an article in full "in your own words" is no longer quoting.
Do not pay straight away. First it is checked whether the claimant is the rights holder and to what extent, and then the nature of your use. Some such claims are withdrawn after review or come down to removing the material.
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Open on ZoonThe first consultation is free. If the matter can be resolved without court, we will say so directly.