The Copyright Act, ARRANGEMENT OF SECTIONS
PART I – COPYRIGHT
PART III – ENFORCEMENT OF RIGHTS
PART IV – FINAL PROVISIONS
cultural heritage; and
individuals having the right or responsibility to do so in accordance with the customary law and practices of that community.
“fixation” means the embodiment of sounds, images or both or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;
(1) Literary and artistic works (hereinafter referred to as “works”) are original intellectual creations in the literary and artistic domain, including in particular:
(1) The following shall also be protected as works:
(2) The protection of any work referred to in subsection (1) shall be without prejudice to any protection of a pre-existing work or traditional cultural expression/expression of folklore incorporated in or utilized for the making of such a work.
Subject Matter Not Protected
(1) Notwithstanding the provisions of Sections 3 and 4, no protection shall extend under this Law to:
(1) The author or other owner of copyright shall have the exclusive right to carry out or to authorize the following acts in relation to the work:
(1) Independently of his economic rights, and even where he is no longer the owner of the said rights, the author of a work shall have the following moral rights:
(2) The rights mentioned in subsection (1) shall not be transmissible during the life of the author, but the right to exercise any of those rights may be transferred by testamentary disposition or by operation of law following the death of the author.
(3) The author may waive any of the moral rights mentioned in subsection (1), provided that such a waiver is in writing and clearly specifies the right or rights waived and the circumstances in which the waiver applies and provided further, that any waiver of the right under item (c) of subsection (1) specifies the nature and extent of the modification or other action in respect of which the right is Following the death of the author, the natural person or legal entity upon whom or which the moral rights have devolved shall have the right to waive the said rights.
Private Reproduction for Personal Purposes
(1) Subject to the provisions of subsection (2), the private reproduction of a published work in a single copy shall be permitted without the authorization of the author or owner of copyright, where the reproduction is made by a natural person exclusively for his own personal
(1)The temporary reproduction of a work shall be permitted if all the following conditions are met:
Reproduction and other Utilization for Teaching
(1) The following acts shall be permitted without authorization of the author, or other owner of copyright:
(2) The source of the work and the name of the author shall be indicated as far as practicable on all copies made under paragraph (1) or otherwise in reasonable connection with the work.
Reproduction by Libraries and Archives
Any library or archive whose activities do not serve direct or indirect gain may, without the authorization of the author or other owner of copyright, make a [single] copy of a work:
Reproduction, Broadcasting and Other Communication to the Public for Informatory Purposes
The following acts shall be permitted in respect of a work without the authorization of the author or other owner of copyright, subject to the obligation to indicate the source and the name of the author as far as practicable:
Reproduction and Adaptation of Computer Programs
(1) The reproduction, in a single copy, or the adaptation of a computer program by the lawful owner of a copy of that computer program shall be permitted without the authorization of the author or other owner of copyright, provided that the copy or adaptation is necessary:
(2) No copy or adaptation of a computer program shall be used for any purpose other than those specified in subsection (1), and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.
Visually Impaired Persons
(1) It shall be permitted without the authorization of the author or other owner of copyright to reproduce a published work for visually impaired persons in an alternative manner or form which enables their perception of the work, and to distribute the copies exclusively to those persons, provided that the work is not reasonably available in an identical or largely equivalent form enabling its perception by the visually impaired; and the reproduction and distribution are made on a non-profit
the reproduction in a newspaper or periodical, the broadcasting or other communication to the public of a lecture, address, sermon or other work of a similar nature delivered in public, to the extent justified by the purpose of providing current
Any broadcasting organization may make, without the authorization of the author or other owner of copyright, for the purpose of its own broadcasts and by means of its own facilities, an ephemeral recording of any work which it is authorized to All copies of it shall be destroyed within six months of the making or within any longer term agreed to by the author; however, where such recording has an exceptional documentary character, one copy of it may be preserved in official archives.
Use for public security and for the performance or reporting of proceedings
A work may be used for the purposes of public security and to ensure the proper performance or reporting of administrative, parliamentary or judicial
Duration of Copyright
(1) The economic and moral rights shall be protected during the life of the author and for fifty years after his death.
Original Ownership of Economic Rights
(1) Subject to the provisions of subsections (2) to (4), the original owner of economic rights in respect of a work is the author who has created the
(2) In respect of a work of joint authorship, the co-authors shall be the original owners of the economic If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the economic rights in the part that he has created.
(3)In respect of a work created by an author, employed by a natural person or legal entity, in the course of his employment, the original owner of the economic rights shall be, unless provided otherwise in a contract, the
(4) In respect of an audiovisual work, the original owner of the economic rights shall be the producer, unless provided otherwise in a The co-authors of the audiovisual work and the authors of the pre-existing works included in or adapted for the making of the audiovisual work shall, however, maintain their economic rights in their contributions or pre- existing works, respectively, to the extent that those contributions or pre-existing works can be subject of acts covered by their economic rights separately from the audiovisual work.
Presumption regarding Authorship, Producers of Audiovisual Works and Publishers
(1) The natural person whose name is indicated as the author on a work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the author of the This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the author.
Assignment and Licensing of Authors’ Rights
(1) Economic rights shall be assignable in whole or in
Rights of Performers
(1) A performer shall have the exclusive right to carry out or to authorize any of the following acts:
(2) Once the performer has authorized the incorporation of his performance in an audiovisual fixation, [the provisions of subsection (1) shall have no further ] [he shall, in the absence of contractual provisions to the contrary, be deemed to have assigned his exclusive economic rights with respect to that fixation to its producer.
(3) The right of distribution under item (d) of subsection (1) shall not apply to a copy of a fixation of his performance that has already been subject to a sale or other transfer of ownership in [any country] [the national territory] authorized by the
(4) Independently of the performer’s economic rights, and even after the transfer of those rights, the performer shall have the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his [Modifications consistent with the normal exploitation of a performance in the course of a use authorized by the performer shall not be considered prejudicial to the performer’s reputation.] The provisions of subsections (2) and (3) of Section 7 apply mutatis mutandis to the rights granted under this subsection.
(5) The rights under this Section shall be protected until the end of the fiftieth calendar year following the year in which the performance was fixed.
Rights of Phonogram Producers
(1) A producer of a phonogram shall have the exclusive right to carry out or to authorize any of the following acts:
Equitable Remuneration for Use of Phonograms
(1) If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer or performers and the producer of the phonogram shall be paid by the user to the producer.
(2) Unless otherwise agreed between the performers and the producer, half of the amount received by the producer under subsection (1) shall be paid by the producer to the performer or performers.
(3) The right to an equitable remuneration under this Section shall subsist from the date of publication of the phonogram until the end of the fiftieth calendar year following the year of publication, provided that the phonogram is still protected under Section 23(3).
(4) For the purposes of this Section, phonograms that have been made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if they have been published for commercial
(5) Subsection (1) does not apply to the extent that the use of the phonogram is covered by an exclusive right under.
Rights of Broadcasting Organizations
(1) A broadcasting organization shall have the exclusive right to carry out or to authorize any of the following acts:
Limitations on Protection
Sections 22, 23, 24 and 25 shall not apply where the acts referred to in those Sections are related to:
(1) Upon the request of the right owner, the court having jurisdiction of a civil action arising under this Law may, in accordance with [the relevant provisions of the national legislation on judicial procedure], and on such terms as it may deem reasonable:
(2) The provisions of [the relevant provisions of the national legislation on search and seizure] shall apply to infringements of rights under this Law.
(1) Where an act has been found to be an infringement of any right protected under this Law, the court may, upon the request of the right owner, order the infringer to desist from such
(1) In keeping with [the relevant provisions of the Penal Code and the Code on Criminal Procedure], any infringement of a right protected under this Law, if committed willfully and on a commercial scale, shall be punished by imprisonment for a period of .. and …, or by a fine of between … and … or by both. The amount of the fine shall be fixed by the court, taking into particular account the defendant’s profits attributable to the infringement.
(2) The court may increase up to double the upper limit of the penalties specified in paragraph (1), where the defendant has been convicted for a new act of infringement committed within five years of a previous conviction for an infringement
(3) The court may apply the measures and remedies referred to in Section 27(1)(b) and (2) and Section 28(3) and (4) also in criminal proceedings.
Technological Protection Measures
(1) It is prohibited to:
Technological protection measures are “effective” where the use of a work or object of related right protected under this Law is controlled by the right holder through application of an access control or protection process – such as encryption, scrambling or other transformation of the work or other subject-matter, or a copy control mechanism – which, in the normal course of its operation, achieves the protection objective.
(2) Notwithstanding subsection (1), upon the request by the beneficiary of an exception or limitation in accordance with Sections 11, 12, 13, 15, 16 or 17, a [competent administrative authority] [court] may order that the necessary means be made available to the extent required to benefit from it.
(3) The provisions of paragraph (2) shall not apply to works or other subject matter made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.
Protection of Rights Management Information
(1) It is prohibited to:
Prohibited Acts Assimilated to Infringement of Rights
The acts prohibited according to Section 25(3) and Sections 30 and 31 shall be deemed to be an infringement of a right protected under this law, for the purposes