Introduction to a New Copyright Law in Myanmar

Introduction to a New Copyright Law in Myanmar

 

Introduction

 

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, rights of reproduction, communication to the public, adaptation and translation of the work. The Copyright laws acts as a shield to protect the creators and authors of original works. With the advancement in the technology, there are many amendments introduced in the copyright law. A recent amendment in the copyright law of Myanmar which was introduced on 18 October 2023 and come into force on October 31,2023.

Amendment in new copyright law

 

The old law only protected works first published in Myanmar or created by Myanmar citizens or residents. The protection period was the lifetime of the creator and 30 years after the death. In contrast, the new law introduces several key positive changes:

• The first most notable feature of the new copyright law is that it explicitly provides protection to foreign works. However, such works are only protected if they are first published in Myanmar or published within 30 days of such publication, outside the territory. The country is not a signatory to the Berne Convention which ensures that the countries grant the same copyright protection as given to the nationals, regardless of where the work was published.
• The new law covers neighboring rights, including the exclusive rights of performers, producers of sound and video recordings and broadcasting organizations. These rights cover not only communication to the public, but also importation, uploading to the Internet and sale to the public for the purpose of distribution.
• If the existing copyright and neighboring rights under the old law have not expired when the new law comes into effect, the existing copyright and neighboring rights will continue to be protected during the period prescribed by the new law.
• The new law does not affect contracts concluded before its entry into force in respect of copyrighted works, performances, sound recordings and broadcasts.
• The new law introduces the new concept of collective management organizations (CMOs) and provides details on the formation and responsibilities of such organizations. Regulations relating to collective management organizations may be published at the same time as the new law or subsequent to it.
• The new law incorporates the concept of fair use, allowing the use of copyrighted works for personal study, non-commercial research, criticism, comment or reporting purposes.

Protection term

 

The protection period of copyright protection is now 50 years before it was 30 years after his death. For other types of works, the protection period is 50 years from the date of creation or publication, except for photography and works of applied art, which is 25 years from the date of creation. 

Infringement term

 

The new act includes measures to address infringement, such as the unauthorized distribution, transmission, and replication of copyrighted works, commercial use of infringing goods, and their importation into Myanmar. The minimum penalty for such offenses includes imprisonment for a term not exceeding three years or a fine of at least 1 million kyats (equivalent to 500 USD), or both.

Conclusion

 

The enforcement of copyright law brings a positive change for IPR in the country. The comprehensive framework, simplified procedures and enhanced protection measures will contribute to growth of innovation and creativity.