The Copyright Law

(The Pyidaungsu Hluttaw Law No. / 2017)

The Waning of , 1379 M.E.

( , 2017)

The Pyidaungsu Hluttaw hereby enacts this law.

Chapter I

Title, Commencement and Definition

1. (a) This Law shall be called the Copyright Law.

(b) This Law shall come into force on such date as the Government may,

by notification, appoint.

2. The following expressions contained in this Law shall have the meanings given

hereunder:

(a) Union means the Republic of the Union of Myanmar;

(b) Ministry means the Union Ministry of Education;

(c) Committee means the Intellectual Property Right Committee;

(d) Department means the department assigned by the Ministry to perform

intellectual property right related matters;

(e) Director General means the head of the Department;

(f) Intellectual property right means the legal right to protect own intellectual

creations. This expression also covers copyright, patent, industrial design and

trademark;

(g) Copyright means the literary and artistic copyright related to the exclusive

rights of the original creator of the literary and artistic work in accordance

with the provisions of this Law;

(h) Related rights means the exclusive rights of performers, of producers of

phonogram, of broadcasting organizations provided in Chapter XIII of this

Law;

(i) Literary and artistic work means any literary or artistic work and derivative

work mentioned in sections 10 and 12;

(j) Author means the person who is the creator of a literary or artistic work

protected under this Law;

(k) Owner of copyright means any of the following persons and his successor,

whether person or entity, in title;

(1) the author whom economic rights are vested in automatically

(2) the person or legal entity other than the author whom economic rights

are vested in automatically

(3) the person or legal entity whom the ownership of the economic rights

has been transferred to in accordance with the law

(l) Right holder means the author or owner of copyright who retains the

copyright. This expression also includes those who have been transferred

copyright, have special license or are legal successors;

(m) Performer means musician, singer, actor, dancer or a person who entertains

by means of acting, playing, singing, lecturing, translating, storytelling or

otherwise perform the literary and artistic work or expressions of folklore;

(n) Performance means;

(1) in the case of literary or artistic work other than the audiovisual work,

reciting, singing, playing, dancing acting or otherwise performing such work,

whether directly or indirectly through an intermediary equipment or a process

(2) in the case of audiovisual work, showing the images systematically and

making the accompanying sound audible

(3) in the case of phonogram, making the recorded sound audible

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(o) Producer means the natural person or legal entity that undertakes the

initiative and responsibility for the making of the audiovisual work or

phonogram;

(p) Collective work means a work created by more than one natural person at the

initiative and under the direction of a natural person or legal entity, with the

understanding that it will be disclosed by the latter person or entity who

directs under his or its own name and that the identity of the contributing

natural persons will not be indicated;

(q) Work of joint authorship means a literary or artistic work that is created by

the combined effort of two or more than two authors;

(r) Audiovisual work means a work that consists of a series of related moving

images that are made visible, with or without accompanying sounds, and

audible where accompanied by sounds. Audiovisual work also includes

cinematographic work;

(s) Work of applied art means an artistic creation with utilitarian functions or

incorporated in a useful article, whether made by hand or by industrial

methods;

(t) Phonogram means the fixation of the sounds of a performance or of other

sounds, or of a representation of sounds, on phonographic discs, recording

tapes and other intermediary material, other than in the form of a fixation

incorporated in an audiovisual work;

(u) Photographic work means a creation culminated by the absorption or

dispersion of light on to any medium capable of capturing or releasing an

image by means of chemical, electronic technology or other technology;

(v) Fixation means the first embodiment of images or sounds or both of a

performance or of the representations thereof or other sound or moving images

or a broadcast, in a tape, record or other medium, for the purposes of seeing,

hearing, copying or transmitting;

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(w) Broadcasting means the transmission of a literary and artistic work, a

performance or a phonogram to the public by wire or wireless transmission

such as radio and television broadcasting, including transmission by satellite;

(x) “Traditional cultural expressions” or “expressions of folklore” are any

forms, whether tangible and intangible, in which traditional culture and

knowledge are expressed, appear or are manifested, and comprise the

following forms of expressions or combinations thereof:

(1) verbal expressions, such as: stories, epics, legends, poetry, riddles and

other narratives; words, signs, names, and symbols;

(2) musical expressions, such as songs and instrumental music;

(3) expressions by action, such as dances, plays, ceremonies and rituals

(4) tangible expressions (purely artistic creations) such as drawing,

decoration, painting (inclusive of body painting), sculpturing, carving,

pottery, terracotta, mosaic, woodwork, metalware, jewelry,

lithography, weaving, needlework, textiles, glassware, carpets,

traditional costumes, handicrafts, musical instruments and architectural

forms, traditional literature such as palm leave inscriptions, stone

inscriptions, brick inscriptions, bell inscriptions, and mural

inscriptions;

(y) Computer program means a set of instructions expressed in words, codes,

schemes or in any other form, which is capable, when incorporated in a

medium that the computer can read, of causing a computer to perform or

achieve a particular task or result;

(z) Rights management information is any information which identifies the

author, the work, the performer, the performance of the performer, the

producer of the phonogram, the phonogram, the broadcaster, the broadcast, the

owner of any right under this Law, or information about the terms and

conditions of use of the work, the performance, the phonogram or the

broadcast, and any numbers or codes that represent such information, when

any of these items of information is attached to a copy of a work, a fixed

performance, a phonogram or a fixed broadcast, or appears in connection with

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the broadcasting, communication to the public or making available to the

public of a work, a fixed performance, a phonogram or a broadcast;

(aa) Technological protection measures means any technology, device or

component that, in the normal course of operation, is designed to prevent or

restrict acts, in respect of literature and artistic works or objects of related

rights, which are not authorized by the right holder;

(bb) Reproduction means the making of one or more copies of a literary and

artistic work or phonogram by photocopying, imitating or reproducing the said

work or phonogram using any means, including any permanent or temporary

storage by using electronic technology;

(cc) Transmission to the public means transmitting the literary or artistic work,

performance, phonogram or broadcast to the public by means of a

communications method whether by wire or without wire, including enabling

the use of said work by each authorized individuals at the preferred time and

place;

(dd) Distribution to the public means putting into circulation the original or a

copy of a literary and artistic work, a fixation of a performance or a

phonogram in tangible form through sale or other transfer of ownership,

including importing for the purpose of such putting into circulation and public

offering for sale and other transfer of ownership;

(ee) Publication means a literary and artistic work or a phonogram, reasonable

number of copies of which had been made for the purpose of sales, rental,

transfer of ownership in any manner or possession, with the consent of the

author or the copyright holder, in the case of the literary and artistic work or

phonogram, or with the consent of the producer, in the case of a phonogram;

(ff) Visually impaired person means the following;

(i) a person who is visually impaired since birth

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(ii) a person whose visual capabilities show no improvement to the same

level as those who do not have any visual or intellectual or literacy

impairment

(iii) a person who is not even capable of holding a book due to physical

disability or not capable of focusing or moving the eye within the

normal distance required to be able to read

(gg) Responsible organization means organizations sanctioned by the union

government to support by providing books, literature or information adapted

for the use of visually impaired persons, educating or training without aiming

to make a profit. This expression also includes not-for-profit organization as

well as governmental organizations;

(hh) Collective Management Organization means an organization established

under Chapter XVIII of this Law;

(ii) Copyright infringed materials means copies made without the consent of the

right holder and copies that violate the copyrights under the Law directly or

indirectly;

(jj) Registrar means the officer whose ranking is no lower than the Director of

the Department that performs the copyright registration related matters;

(kk) Court means the court established by the Union Supreme Court in accordance

with the Law to preside over intellectual property related cases. This

expression also includes the courts with conferred jurisdiction and power by

the Union Supreme Court to preside over intellectual property related cases

before the establishment of courts under this Law;

(ll) Member State means any member of the conventions, treaties and

agreements, or of international organizations and regional organizations

relating to intellectual property of which the Union of Myanmar is a member.

Chapter II

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Objectives

3. The objectives of this Law are as follows:

(a) to promote the production standards of literary and artistic work by

encouraging the development of the literary and artistic works, performances,

phonogram productions and broadcasting;

(b) to protect the literary and artistic copyrights of the author and the owner of the

copyright in accordance with this Law;

(c) to protect the related rights of performer, producer of phonogram and

broadcasting organization;

(d) to contribute to the protection and promotion of traditional cultural

expressions and traditional heritage.

Chapter III

Formation of Committee and Functions

4. The union government shall –

(a) form the Intellectual Property Committee composed of the Union Minister of

the Ministry of Education as the chairman, deputy ministers or director

generals of the relevant ministries, representatives of the non-governmental

organizations, technical experts and professionals as the members, and the

Director General of the Department as the secretary;

(b) appoint the deputy chairman and joint secretaries of the Committee from

among the members;

(c) adjust the Committee formed under the sub-section (a) as necessary.

5. The functions of the Committee are as follows:

(a) prescribing the national level intellectual property policies, strategies and

programs in order to promote the development of the intellectual property

system of the Union, and providing supervision and guidance regarding the

implementation

(b) advising the Union to become a member of intellectual property conventions,

treaties and agreements

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(c) forming working groups required to take action on intellectual property right

violations and prescribing their functions

(d) performing intellectual property right related duties as assigned by the union

government from time to time.

Chapter IV

Functions of the Department

6. The Department shall perform the following functions in order to manage and

implement intellectual property related matters:

(a) coordinating intellectual property related activities

(b) implementing national level intellectual property related policies, strategies

and programs prescribed by the Committee

(c) studying and presenting to the Committee the intellectual property

conventions, treaties and agreements that the Union shall be a member of

(d) advising the Committee regarding the formation of working groups required to

take action on intellectual property right violations the prescription of the

functions of these groups

(e) implementing in accordance with the provisions prescribed by the intellectual

property conventions, treaties and agreements that the Union is a signatory of

(f) cooperating with the intellectual property related domestic organizations,

international organizations, regional organizations and the member states

(g) permitting the formation of prescribed literary and artistic copyright sectorial

collective management organizations, prescribing their functions and

coordinating them if necessary

(h) ratifying the stamp to be used to sanction intellectual property right

registration related matters

(i) forming working groups to perform intellectual property right related matters

and prescribing their functions

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(j) prescribing fees in accordance with this Law with the approval of the union

government

(k) announcing intellectual property right related registration matters

(l) maintaining records of intellectual property right related registrations

(m) performing intellectual property right related duties assigned by the union

government, ministry and Committee from time to time.

Chapter V

Appointment of Registrar and Functions

7. The Director General may appoint the Registrar to perform the intellectual property

related matters at the Department with the approval of the Ministry.

8. The functions of the Registrar are as follows:

(a) supervising copyright registration related matters

(b) examining copyright registration applications

(c) interviewing and requesting documents as needed when performing copyright

registration related duties

(d) making decisions on approving or rejecting copyright registration

(e) performing intellectual property right related duties as assigned by the

Committee and the Department.

Chapter VI

Scope of Application

9. The provisions of this Law shall apply to the protection of the following literary and

artistic works as well as performers and performances, phonograms and

broadcasting organizations and broadcasts:

(a) in the case of a literary and artistic work:

(1) literary and artistic works of authors who are nationals of, or have their

habitual residence in the Union or a member state;

(2) literary and artistic works first published in the Republic of the Union

or in a member state, or works published in the Union or a member

state within 30 days after first publishing in a non-member state

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(3) works of the audiovisual producer who has headquarters or residency

in the Union or a member state;

(4) works of architecture constructed in Union or a member state, or a

building or an artistic work incorporated in other form of building

located in the Union or a member state;

(b) in the case of a performer who is a Myanmar national or a national of a

member state:

(1) Performance conducted within the Union or a member state;

(2) Performance incorporated in a phonogram protected under sub-section

(c) or included in the broadcasting qualified for protection under the

sub-section (d) even before the fixation to the phonogram;

(c) in the case of the phonogram producer who is a Myanmar national or a

national of a member state, the first fixation in a phonogram in the Union or a

member state, or the first production of a phonogram in the Union or a

member state;

(d) in the case of a broadcasting organization, locating the headquarter of the

broadcasting organization in the Union or a member state, or locating the

transmitting device in the Union or a member state.

Chapter VII

Literary and Artistic Works Protected and Literary and Artistic Matters Not Protected

10. The following literary and artistic works, which are the original intellectual property

creations, shall be protected:

(a) books, pamphlets, poems, novels, articles, computer programs and other

writings;

(b) speeches, lectures, addresses, sermons and other oral works;

(c) dramatic, dramatico-musical works, pantomimes, choreographic works

and other works created for stage productions;

(d) musical works, with or without the accompanying lyrics;

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(e) audiovisual works including cinematographic works;

(f) works of architecture;

(g) works of drawing, sketching, painting, carving, sculpture, engraving, mosaic,

wood work, pottery, metal ware, terra-cotta, jewelry, handicrafts, traditional

costumes, indigenous textiles;

(h) lithography, weaving, tapestry and other works of fine art;

(i) photographic works;

(j) works of applied art;

(k) textile designs;

(l) models, maps, plans, sketches and three-dimensional works related

to geography, topography, architecture or science;

11. Literary and artistic works contained in section 10 shall be protected by the sole fact

of their creation and irrespective of their mode or form of expression, content, quality

and purpose.

12. The following derivative works shall be protected without prejudice to the

original literary and artistic works contained in section 10:

(a) translations, adaptations, arrangements and other transformations or

modification of literary or artistic works;

(b) collections of literary or artistic works, collections of original data (databases)

of the literary or artistic works, whether in machine readable or other form,

and collections of the original traditional cultural expressions, by means of

selection or arrangement.

13. Notwithstanding the provisions of sections 10, 11 and 12, if the literary or artistic

work is applicable by any of the following points, copyright protection shall not

extend to:

(a) idea, procedure, method of operation, mathematical concept, principle,

discovery or data;

(b) a variety of information that has the characteristic of daily news or press

information

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(c) constitution and laws

(d) procedures, rules, instructions, notifications, explanations and departmental

instructions from the ministries, releases from departments or other

governmental organizations or regional organizations

(e) court decisions, orders, sentences, and departmental announcements

(f) translation and collection of the information under sub-section (c) to (e).

Chapter VIII

Term of Copyright

14. Although there is no registration in respect of literary and artistic works under this

Law:

(a) the term of protection for the economic rights are as follows:

(1) the lifetime of the author and 50 years after his/her death;

(2) the lifetime of the last surviving author and 50 years after his/her

death;

(3) in the case of a collective work, other than a work of applied art, and

in the case of an audiovisual work, for 50 years from the date on which

the work was first created or first made available to the public, or first

published, whichever date is later;

(4) in the case of work published anonymously or under a pseudonym or

an alias, for 50 years from the date on which the work was first created

or first made available to the public or first published, whichever date

is later; however, if the author's identity is revealed without doubt

before the expiration of the said period, the provisions of clauses (1)

and (2) of this sub-section shall apply;

(5) in the case of a literary or artistic work of a government department or

an organization, for 50 years from the date on which the literary or

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artistic work was first created or first made available to the public or

first published by the aforementioned government department or

organization as the first copyright owner, whichever date is later.

(6) in the case of work of applied art, for 25 years from the date on which

the said work is made.

(b) the term of protection for the moral rights shall be during the lifetime of the

author and for an unlimited period after his/her death;

(c) the term stated under the sub-section (a) shall be until the last day of the end of

the year in which it would expire, unless stated otherwise.

Chapter IX

Economic Rights and Moral Rights

15. Subject to the provisions of Chapter XI of this Law, the author or owner of copyright

shall have the exclusive economic right to carry out or to authorize any other person in

respect of the following acts:

(a) reproduction;

(b) translation, adaptation, arrangement or other transformation or

modification;

(c) the distribution to the public by sale or other transfer of ownership of the

original or a copy;

Proviso: The right of distribution does not apply to the original or a copy

of the work that has already been subject to a sale or other

transfer of ownership in any country with the authorization of

the author or the owner of the copyright.

(d) rental of the original or a copy of computer program, an audiovisual work, a

work embodied in a phonogram, a database or a musical work in the form of

notation;

Proviso: The rights of rental do not apply to rental of computer

programs where the program itself is not the essential object of

the rental.

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(e) public performance;

(h) broadcasting;

(i) other transmission to the public.

16. The author or owner of copyright may transfer the economic rights to any person in

accordance with the provisions contained in Chapter XII of this Law.

17. The author, even where he is no longer the owner of rights under section 15 regarding

the literary and artistic work, shall have the following moral right as an exclusive

right:

(a) to have his name indicated prominently on the copies in connection

with any public use of his work, as far as practicable;

(b) to have his name indicated in pseudonym or alias on the copies if the literary

or artistic work is published under the said pseudonym or alias originally;

(c) to object to any distortion, mutilation or other modification of, the original

form and essence or other derogatory action in relation to his work which

would be prejudicial to his honor or reputation.

18. The author

(a) shall not have the right to transfer any moral rights under section 17 while he

is still alive;

(b) after death, the official successor as per the will or the legal successor of the

author has the right to request a moral right under section 17;

(c) may relinquish the moral right for special purpose. The author shall put into

writing that he relinquishes the right and sign the document.

Chapter X

Original Ownership of Economic Rights

19. The author who has created the literary and artistic work shall be the original owner

of economic rights. However,

(a) in the case of a literary and artistic work of joint authorship,

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(1) the co-authors shall be the original owners of the economic rights.

(2) If the 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;

(b) in the case of an audiovisual work,

(1) the producer shall be the original owner of the economic rights unless

provided otherwise in a contract.

(2) 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 separate economic rights

from the audiovisual work for their contributions or for their pre-

existing works.

(3) The economic rights obtained under sub-section (2) shall be applicable

only to the extent of the contributions or the pre-existing work

included in the audiovisual work;

(c) in the case of a collective work, the natural person or legal entity at the

initiative and under the direction of whom or which the work has been created

shall be the original owner of the economic rights;

(d) in the case of a photographic work,

(1) the photographer of the original creation shall be the original owner of

the economic rights.

(2) the person who commissioned the creation of the photographic work

shall be the original owner of the economic rights if the photographer

created the work under a separate written agreement for a fee and

provided that there is nothing contrary to the agreement;

(e) in respect of a literary and artistic work created according to an agreement

between an employer and an employee or during the work hours by the

employee under paid employment as per the agreement, the employer shall be

the original owner of the economic rights unless provided otherwise in a

contract by the employer and employee.

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Proviso: Employer includes the official management representative of

the employer as well as the legal successor or the shareholders

of the private company in the case of the employer’s death.

20. With respect to the author and a representative of the author:

(a) the natural person whose name, pseudonym or alias 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 work;

(b) in the case of a pseudonymous or alias or anonymous work,

(1) the publisher whose name appears on the work shall, in the absence of

proof to the contrary, be presumed to represent the author and, shall be

entitled the economic rights and moral rights of the author.

(2) The rights under sub-section (1) shall cease to apply when the author

reveals his identity.

Chapter XI

Limitations and Exceptions of Economic Rights

21. Notwithstanding the provisions of sub-section (a) of section 15, a person may

reproduce a copy of a published work for his own personal use without the

authorization of the author or owner of copyright. Such reproduction shall not conflict

with a normal use of the work or would otherwise unreasonably prejudice the

legitimate interests of the author and any owner of copyright. This exception does not

apply in case of:

(a) reproduction of a work of architecture in the form of building or other

construction;

(b) reproduction of the whole or of a substantial part of a book or of a musical

work in the form of notation;

(c) reproduction of the whole or of a substantial part of a database in digital form;

(d) reproduction of a computer program, except as provided in section 27.

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22. Notwithstanding the provisions of sub-section (a) of section 15, the temporary

reproduction of a work shall be permitted if all the following conditions are

met:

(a) the reproduction is made perceptible in the process of a digital transmission of

the work or an act of making a digitally stored work;

(b) the reproduction under sub-section (a) is made by a person authorized to make

such reproduction;

23. (a) Notwithstanding the provisions of sub-section (a) of section 15, the

reproduction of a section of the published literary or artistic works for the purpose of

referencing or quoting shall be permitted without the authorization of the rights

owner.

(b) Reproducing under sub-section (a) shall be compatible with appropriate

practical use and shall not exceed the extent justified by the purpose.

(c) The name and citation of shall be included in the reference if the literary or

artistic work that is referenced or quoted contains the name of the author.

24. Notwithstanding the provisions of sub-section (a) of section 15, the following

reproductions shall be permitted without authorization of the right holder. Such

reproduction shall be compatible with appropriate practical use and shall not exceed

the extent justified by the purpose. The source of the work reproduced and the name

of the author shall be indicated as far as practicable on all such copies:

(a) the reproduction, as a written or audio or visual record, of a published work or

part of an article in a newspaper, magazine or journal for the purpose of

education;

(b) only the teachers and students authorized to use a computer network making

use of the utilization under sub-section (a) through the said network;

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(c) the reproduction of a part or an extract of a published article or a literary or

artistic work to the number and extent desired for the purpose of education,

without incurring commercial gain directly or indirectly;

(d) the integration and use of electronic curriculums, which are used in education

through a website on a secure computer network accessible only to the lectures

and students or in the area of research support and library or in the lectured

classes, in the printed copies made under sub-section (a) by educational

institutions;

(e) the integration and use of parts of the literary and artistic work in print or

electronic format in the papers or research thesis personally written by the

persons studying the said curriculums for personal use or to be kept at the

library.

25. Notwithstanding the provisions of sub-section (a) of section 15, any library or archive

may, without the authorization of the right holder, make a single copy of the work by

reproduction for the following acts without incurring direct or indirect commercial gain:

(a) the literary and artistic work reproduced shall be a part or an extract of a

published article or other literary and artistic work, where the purpose of the

reproduction is to satisfy the request of a natural person, provided that:

(1) the library or archive is satisfied that the copy will be used solely for

the purposes of study, scholarship or private research;

(2) the act of reproduction is an isolated case occurring, if repeated, on

separate and unrelated occasions.

(b) where the copy is made in order to preserve and, if necessary, to replace, or to

replace a copy which has been lost, destroyed or rendered unusable in the

permanent collection of another similar library or archive, provided that,

(1) it is impossible to obtain a copy under reasonable conditions;

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(2) the act of reproduction is an isolated case occurring, if repeated, on

separate and unrelated occasions.

(c) copies are allowed to be made as follows for the purpose of reproducing and

preserving literary and artistic works –

(1) a library or an archive may, in making a collection for an organization,

copy or attempt to obtain a copy of the missing parts from another

library or archive in the case that the literary and artistic work or its

copy is incomplete or if it is not possible to obtain it from the market

or the publisher;

(2) a library or an archive may make a copy of the literary and artistic

work if it is not possible to obtain the authorization from the right

holder despite making an attempt to or if it is not possible to obtain it

from the market or the publisher;

(3) the users may study the copies made under sub-section (1) and (2) in

the premises of the library or the archive. Moreover, the library or the

archive may also lend such copies to the users for personal use or for

study within its premises.

(d) libraries may provide support to each other through post, fax or a secure form

of electronic communications. However, the electronic file of the copy shall

be immediately deleted after the said electronic file of the copy is printed out

in the document form. Moreover, the receiving library may provide the

physical copy to the users of the said library.

(e) a library or an archive may translate for research and education purposes the

literary and artistic work that it has officially received or is officially

authorized to use in the case that the literary and artistic works are not

available in the required language for the users. The said translation shall not

be used for other purposes.

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(f) A person or an organization may translate the literary and artistic works from

a minority language or vice versa in order to provide information to the public,

without commercial purpose.

26. Notwithstanding the provisions of sub-sections (a), (f) and (g) of section 15, the

following acts shall be permitted in respect of a work without the authorization of the

right holder, subject to the obligation to indicate the source and the name of the author

as far as practicable:

(a) the reproduction in a newspaper or periodical, the broadcasting or other

transmission to the public, of an article published in a newspaper or periodical

on current political, economic or religious topics or a broadcast work of the

same character;

Proviso: This permission shall not apply where reproduction,

broadcasting or other transmission to the public is expressly

restricted by the right holder.

(b) for the purpose of reporting current events, the appropriate reproduction and

the broadcasting or other transmission to the public of short excerpts of

published literary and artistic works;

(c) the publication and reproduction in a newspaper, periodical or by other means,

the broadcasting or other transmission to the public of a political speech, a

lecture, address, sermon, other similar literary and artistic declamation or other

work of a similar nature delivered in public for the purpose of providing

current information. Provided that such act shall be to the extent justified and

not for commercial purpose.

27. With respect to the computer program:

(a) Notwithstanding the provisions of sub-sections (a) and (b) of section 15, 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 right holder. Provided that the reproduction or

adaptation of a computer program shall conform to any of the following:

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(1) for use of the computer program for the purpose and extent for which

the computer program has been obtained;

(2) for archival purposes and for the replacement of the lawfully owned

copy of the computer program in the event that the said copy of the

computer program is lost, destroyed or rendered unusable;

(3) for reproduction of a back-up copy of a computer program by the

owner of the computer program solely for his own use.

(b) no copy or original of the computer program shall be adapted for any purpose

other than those specified in sub-section (a), 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.

28. The importation of a copy of a literary and artistic work by a person shall be permitted

without the authorization of the right holder if it is not for a commercial purpose.

29. (a) Notwithstanding the provisions of sub-section (a) of section 15, a broadcasting

organization may make, by means of its own facilities, an ephemeral recording of a

literary and artistic work which it is authorized to broadcast. All copies of such

ephemeral recording shall be destroyed within six months of the making or within any

longer term agreed to by the author.

(b) In the case of a literary and artistic work with exceptional character, the said

ephemeral recording may be sent to a government archive for preserving.

30. (a) Notwithstanding the provisions of sub-sections (a) (c) (e) and (g) of section

15, responsible organizations shall be permitted without the authorization of

the right holder to reproduce a literary and artistic work for visually impaired

persons in an alternative manner or form which enables their perception of the

work, and to obtain the said copies from responsible organizations that provide

service to visually impaired people and to distribute the said copies to visually

impaired persons by any means including through rental on a non-commercial

basis, through wire or wireless transmission, provided that the followings are

complied:

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(1) the responsible organization that desires to undertake the activities

under sub-section (a) being officially authorized to use the said literary or

artistic work;

(2) in altering the literary and artistic work to the form that can be used by

visually impaired persons, providing guidance on the information contained in

the altered copy without making any changes other than those that enable the

visually impaired persons to perceive the work;

(3) providing the said copies exclusively to the visually impaired persons;

(4) working on a non-profit basis.

(b) the visually impaired person himself or his ward or a care taker or a person

that represents the visually impaired person may produce an altered copy for

personal use of the said persons as well as provide help in the production and

use of the altered copy of the authorized original work or the copy thereof.

(c) Responsible organizations shall be allowed without the permission of the right

holder to distribute or to permit exclusive use of altered copies to the

responsible organization of a member country of the Marakesh Treaty which

allows visually impaired persons to use published works.

(d) Responsible organizations shall be allowed without the permission of the

right holder to distribute or to permit exclusive use of altered copies to the

visually impaired persons of a member country of the Marakesh Treaty which

allows visually impaired persons to use published works.

(e) The provisions sanctioned under Sub-sections (c) and (d) shall apply to the

actions of the responsible organization that initiates the pre-distribution or

that enables the use of the altered copies for persons other than visually

impaired people without knowing or having a reason to know.

Chapter XII

Transfer of the Economic Rights

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31. (a) The owner of copyright may transfer the economic rights to another person or

to a legally established organization in whole or in part. Transfer includes both

assigning and licensing.

(b) The owner of copyright may transfer economic rights to any other person or to

a legally established organization by any of the following means:

(1) inheritance under any existing Law or custom;

(2) gift by will;

(3) gift or donation;

(4) transfer of ownership under any of the existing Law.

(c) Any transfer by the owner of copyright of an economic right shall be in

writing and signed.

32. When the registered copyright is transferred:

(a) the transferee shall apply to the Department to record the transfer by

subscribing the prescribed fees;

(b) both parties shall apply to the Department for amendment or cancellation of

the record of a transfer accompanied by the supporting documents in the

manner prescribed.

33. The Registrar shall, with respect to application under Section 32, record the said

transfer, amendment or cancellation and publish it in the manner prescribed.

Chapter XIII

Terms of Protection of the Related Rights

34. A performer shall have the exclusive rights to carry out or to authorize any of the

following acts:

(a) broadcasting or transmission to the public of his own performance that is not

fixed, excepting the case of broadcasting or transmission by conducting one of

the following points;

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(1) fixation of a performance with the authorization of the performer or

conducting one of the activities under Section 38 without the

authorization of the relevant performer

(2) a rebroadcasting made or authorized by the organization initially

broadcasting the performance;

(b) the fixation of his unfixed performance;

(c) the direct or indirect reproduction of a fixation of his performance, in any

manner or form;

(d) the distribution of a fixation of his performance or copies thereof to the public

excepting in the case that copy of a fixation of his performance is subject to

sale or transfer of ownership in any country with the authorization of the

performer;

(e) rental to the public of a fixation of his performance, or copies thereof,

irrespective of the ownership of the copy rented;

(f) making his fixed performance available to the public, by wire, wireless or by

other method of communication, in such a way that enables each authorized

individual to access it at the preferred time and place.

35. With respect to the rights of performers:

(a) if the performer has agreed one time to the incorporation of his performance in

an audiovisual fixation, the provisions of Section 34 shall have no further

application to the performer given that there is no differing agreement between

the performer and the producer;

(b) even after the transfer of economic rights,, the performer shall, regarding his

live performances and the fixed performances in the phonograms, 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. In

addition, he shall also have the right to object to any distortion, mutilation, or

other modification of his performances that would be prejudicial to his

reputation;

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(c) the duration of protection of the performers’ rights under this section shall be

until the end of the 50th calendar year following the year in which the

performance was fixed in a phonogram, or in the absence of such a fixation,

until the end of the 50th calendar year from the end of the year in which the

performance took place;

(d) nothing in this section shall be construed to deprive performers of the right to

agree by contracts on terms and conditions more favorable for them in respect

of their performances.

36. With respect to the rights of producer of phonogram:

(a) a producer shall have the exclusive rights to carry out or to authorize any of

the following acts, subject to the provisions contained in section 34:

(1) direct or indirect reproduction of the phonogram in any manner

or form;

(2) importation of copies of the phonogram;

(3) the distribution of the originals or copies of the phonogram to the

public excepting the phonogram originals or copies which had been

subject to sale or transfer of ownership in any country with the

authorization of the producer;

(4) rental to the public of a copy of the phonogram irrespective of

the ownership of the copy rented;

(5) making the phonogram available to the public, by wire or wireless

means to the public, in such a way that enables each authorized

individual to access it at the preferred time and place..

(b) the phonogram producers’ rights under this section shall be protected from the

publication of the phonogram until the end of the 50 th calendar year

following the year of publication or, if the phonogram has not been published,

until the end of the 50th calendar year following the year of fixation of the

phonogram.

37. With respect to the rights of broadcasting organization:

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(a) a broadcasting organization shall have the exclusive rights to carry out

or to authorize any of the following acts:

(1) the rebroadcasting of its broadcast;

(2) the transmission to the public of its broadcast;

(3) the fixation of its broadcast;

(4) the reproduction of a fixation of its broadcast.

(b) the broadcast captured by the organization authorized to receive the broadcast

from the satellites that are not intended for direct reception by the public may

be transmitted by means of cable or transmission. Such transmission may be

carried out only with the permission of the said organization.

(c) the broadcasting organizations’ rights under this section shall be protected

from the moment when the broadcasting takes place until the end of the 50th

calendar year following the year in which the broadcast takes place.

38. The provisions in respect of protection under sections 34, 35, 36, 37 and 39 shall not

apply to the following acts:

(a) using short excerpts for reporting current events to the extent justified by the

purpose of providing current information;

(b) reproduction solely for scientific research;

(c) reproduction solely for the purpose of face-to-face teaching activities, except

for performances and phonograms which have been published as teaching or

instructional materials;

(d) uses of performances, phonograms or broadcasts in the literary and artistic

works used under the provisions of Chapter XI of this Law.

39. (a) If a phonogram published for commercial purposes, or a reproduction of such

phonogram, is used directly for broadcasting or other transmission 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.

26

(b) Unless otherwise agreed between the performers and the producer, half of the

amount received by the producer under sub-section (a) shall be paid by the

producer to the performer or performers.

(c) 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. The said phonogram shall continue to be

protected under section 35 (c).

(d) For the purposes of this section, making phonograms available to the public by

wire or wireless means in such a way that the authorized individuals may

access them from their preferred time and place shall be considered as

publishing for commercial purposes.

(e) The exclusive rights for phonogram under sub-section (f) of section 34 shall

not apply to the sub-section (1) under this section.

Chapter XIV

Protection of Rights Management Information and Technical Protection Measures

40. (a) In respect of rights management information –

(1) electronic rights management information shall not be removed or

changed without the consent of the right holder;

(2) copyright works or other matters protected under this Law shall not be

distributed, imported for distribution, broadcasted or transmitted to the

public after being removed or changed under sub-section (1).

(b) The provisions under sub-section (a) shall not be applicable to any

government activity sanctioned by the law for the purpose of policy or security

relevant to the public.

41. In respect of technical protection measures –

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(a) It is prohibited to evade, avoid, remove, void or cause damage to effective

technical protection measures;

Note: evasion from technical protection measures also covers restoring the

altered original works and related rights work to the original form.

(b) It is prohibited to produce, import, distribute, sell, rent, advertise or possess

for the purposes of sales or rent, the tools, products, product components or

services that are made for commercial use with the purpose of evading or

enabling or supporting the evasion from effective technical protection

measures.

42. (a) Those who enjoy the limitation and exemption that comply with the provisions

under section 34 sub-section (a), (c), section 25 sub-section (b) and section 30 shall,

in order to be able to use the works made with technical protection measures, be

entitled to enjoy the right to evade from the said measures regardless of what is stated

under section 41.

(b) The provisions under sub-section (a) shall not apply to the literary and artistic

works or other literary and artistic matters under contractual agreements made

for the purpose of use by the authorized individuals at the preferred time and

place.

Chapter XV

Registration of Copyright

43. Any author or owner of copyright, if desirous of the registration of copyright work for

the purpose of retaining a concrete record of copyright may, file an application to the

Department in accordance with the stipulations.

44. The Registrar shall examine the application for the registration of copyright work and

notify the applicant to present necessary additions and amendments in the case of the

application that does not comply with the stipulations.

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45, The applicant for the registration of copyright –

(a) may, before the Registrar makes the decision regarding the registration or the

Director General makes a decision regarding the appeal on the Registrar’s

decision, apply to the Registrar by submitting prescribed fees to make

amendments in respect of errors in the application or in a document or other

errors that are permitted to be amended in accordance with the stipulations;

(b) may withdraw the application to register the literary or artistic work before the

Registrar makes the decision regarding the registration or the Director General

makes a decision regarding the appeal on the Registrar’s decision.

46. The application to register the literary or artistic work shall be presumed to be

withdrawn if the applicant does not fulfill and present the requirements within 30 days

from the day of receiving the notification under section 44.

47. In respect of applications to register literary or artistic work that meet the stipulations,

the Registrar –

(a) may approve or deny the registration after examining whether one of the

points under section 13 is applicable or not;

(b) shall, in addition to notifying the applicant after recording the decision to

approve or deny under sub-section (a) in the copyright registry, make

announcement in accordance with the stipulation if the registration is allowed.

(c) shall issue the copyright registration certificate to the applicant if the

registration is allowed.

48. (a) The owner of the registration may, in the case of damaging or losing his

original copyright registration certificate, apply to the Registrar to issue a correct copy

by submitting the prescribed fees.

(b) The Registrar shall make examinations and issue the correct copy of the

copyright registration certificate.

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49. The applicant shall not be entitled to the refund of the registration fees deposited if the

application for the registration of the literary or artistic work is withdrawn or the

registration application is denied.

50. The right holder related to copyright may, if desirous of registering a performance or

a phonogram for the purpose of retaining a concrete record of copyright related right,

apply to the Department in accordance with the provisions related to copyright

registration under this Chapter.

51. The rights under this Law shall be applicable to the copyrights of the literary and

artistic work and to the related rights of the performers, phonogram producers and

broadcasting organizations regardless of whether they are registered under this Law or

not.

Chapter XVI

Cancellation of Registered Copyright

52. The relevant person or organization may, if it is found that any of the rights related to

the registered copyright is prejudicial to him or to public interest due to a violation of

one of the provisions under section 13, apply to the Registrar for a whole or partial

cancellation of the said registration.

53. The Registrar may, upon finding that one of the following conditions applies as it is

stated in the application of the relevant person or organization, cancel the whole or

partial of the registration –

(a) finding that the work is the literary or artistic work not protected under section

13;

(b) finding that the author or owner of copyright is not entitled to registration;

(c) finding that the registration certificate of registered copyright has been

obtained by fraud, misrepresentation or concealment of any significant

information that is prescribed;

(d) passing of final decision or judgment, order and decree by the court regarding

the invalidation of registration;

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54. The Registrar shall, when the relevant person presents that there is a litigation case

filed under either criminal or civil action or both on the dispute with respect to

registration of copyright, suspend the cancellation of the registration from the

copyright registry within the pending period of such case.

55. The Registrar shall, if the registration has been cancelled or removed from the

copyright registry, record such cancellation or removal, inform the owner of the

registered copyrights, and publish in the manner prescribed.

Chapter XVII

Appeal

56. (a) Any person aggrieved by the decision made under this Law by the Registrar

may, appeal to the Director General within 60 days from the date of issuance

of such a decision.

(b) The Director General may, on appeal under sub-section (a), confirm, repeal or

revise the decision of the Registrar, or to obtain further evidence.

57. Any person aggrieved by the decision made by the Director General may, within 90

days from the date of receiving notice of such decision, appeal in respect of this

matter to the court authorized with the jurisdiction by the Union Supreme Court

Chapter XVIII

Formation of the Copyright Collective Management Organizations and Functions and

Duties thereof

58. Those who want to form copyright collective management organization may –

(a) apply to the Department, along with the articles of association of the

organization, to allow the formation of collective management organization

according to respective literary or artistic field of copyright prescribed;

(b) in applying for the formation of the copyright organizations under the sub-

section (a), form the said organization comprising the authors, owners of the

copyright, performers, producers of the phonogram, publishers, distributors

31

and relevant experts according to the respective literary or artistic field of

copyright prescribed.

59. The Department may –

(a) scrutinize the application under section 58, and approve it with accompanying

terms and conditions or reject;

(b) give guidance in respect of the function and duties of the copyright

organizations permitted to be formed according to respective literary or artistic

field of copyright prescribed, and coordinate them if necessary.

60. The copyright organization, according to respective copyright field, –

(a) shall perform functions that encourage and promote literary and artistic

creations;

(b) may negotiate and mediate to ensure that the authors and copyright owners

receive their rights, or to give protection regarding the infringement of such

rights;

(c) may keep the literary and artistic works, performances and phonograms

entrusted by the author and owner of copyright and may collect the equitable

remuneration from the users and distribute the same to the author or owner of

copyright.

(d) may collect and maintain the required literary and artistic works, performances

and phonograms so as not to be obscured by purchasing them or with the

consent of the author or the copyright owner.

(e) may engage with and accept and give assistance to foreign collective

management organizations, international organizations and regional

organizations.

(f) shall comply with the regulations and instructions prescribed for copyright

collective management organizations by the Ministry.

Chapter XIX

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Protection of Copyright by the Customs

61. A right holder, who has sufficient grounds to suspect that the importation of the goods

accused of copyright infringement have taken place or is taking place or will take

place, may submit an application as prescribed to the Customs to issue suspension

order and /or detention order on the said goods from entering the trade routes freely.

62. (a) The Custom officials –

(1) shall notify the applicant within 30 working days after receiving the

application under section 61 whether the application is accepted or

rejected;

(2) shall postpone the decision and issue a notice to the applicant to send

additional information within 10 working days after the issuance of the

notice in the case that the information necessary to process the

application is not complete;

(3) may prescribe a deposit to be paid by the applicant when the

application is accepted;

(4) shall state the reasons clearly if the application is rejected.

(b) Unless the right holder requests for a shorter period, the activities under sub-

section (a) shall be applicable for six months.

63. (a) Customs officials shall, after accepting the application under section 62,

suspend the free entry of goods into the trade routes if there is valid evidence to

suspect that the said imported goods infringe copyrights.

(b) Custom officials shall, to prove that the said good is copyright infringed as per

the applicant’s request, permit sufficient examination of the suspended goods

to the applicant and the importer without exposing confidential information.

64. (a) The said goods shall be exempted if the customs is not notified within 10

working days after the applicant had been notified of the suspension order, that the

applicant has initiated actions to begin processing the case or that the temporary

33

action of the court to suspend the flow of goods is being delayed. Under appropriate

circumstances, the prescribed period may be extended to additional 10 working days

by the decision of the customs before the first 10 working days period is up.

(b) The prescribed period shall be reduced from 10 working days to 3 working

days if the goods are perishable. The aforementioned 3 days period shall not

be extended.

65. The importer may apply to the relevant court to reexamine the suspension order and

allow a hearing after receiving the suspension order. The court shall amend, repeal or

approve the suspension order within 20 working days from the day the court receives

the reexamination request.

66. If the court decides that the goods are copyright infringed, the importer shall pay for

the expenses to keep, destroy, remove the said goods to the customs. If the customs

does not receive payment for the aforementioned expenses from the importer, the

applicant shall pay for the said expenses and is entitled to the right to be compensated

for any expense incurred by such payment from the importer.

67. If the court decides that the goods are not copyright infringed, the applicant shall pay

the importer the amount decided by the court to compensate for the wrong suspension

and temporary detention of the said goods.

68. The provisions in this chapter shall not apply to the goods that are brought in the

luggage for personal use, and not for commercial purpose, by the importer or goods

that are brought only in small quantities.

69. The customs may exchange information and cooperate with the world’s customs or

customs from other countries or copyright collective management organizations

regarding copyright infringed materials.

Chapter XX

Establishing Court

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70. The Union Supreme Court has the authority to –

(a) establish courts in suitable geographic areas and appoint judges to preside over

criminal and civil cases concerning intellectual property rights;

(b) authorize the judges appointed under sub-section (a) with the jurisdiction and

power to preside over intellectual property right cases;

(c) authorize the courts delegated to preside over intellectual property right cases

with the jurisdiction and power of the intellectual property courts before the

establishment of courts under sub-section (a);

(d) prescribe the jurisdiction and power of the courts that have the power to

appeal and amend the sentences, orders and decisions of the courts.

(e) authorize suitable courts with the jurisdiction and power to preside over the

appeals on the decisions of the Director General.

Chapter XXI

Remedies that may be passed by the Court regarding the Infringement of

Copyright

71. (a) Any aggrieved person may, with respect to copyright infringement, file to the

court to take temporary action in accordance with the provisions under section 72 and

73;

(b) Any aggrieved person may, with respect to copyright infringement, file to the

court to take either criminal or civil action.

72. (a) The court may, with respect to copyright infringement, pass one or more of the

following orders to take temporary civil action on the cases filed under section 71

sub-section (a);

(1) appropriate order to prevent copyright infringement and the entry of

copyright infringed material into the Union’s trade routes including the

imports cleared by the customs.

35

(2) appropriate order to preserve the original state of the evidences

relevant to the copyright infringement case.

(3) order to amend, repeal or ratify the suspension order issued by the

relevant customs office.

(b) The court may demand the following from the plaintiff in order to take

temporary action –

(1) presentation of any evidence needed to confirm that the plaintiff is the

right holder and that his or her rights are being infringed or are likely

to be infringed.

(2) submittal of sufficient deposit to prevent the abuse of the temporary

action

(c) The court may instruct the plaintiff to submit any additional information

needed to classify the materials accused of copyright infringement when it is

taking temporary action under the order issued.

(d) If the court is unable to initiate the litigation of the civil case in order to pass

the judgment on the grievance within the period prescribed by the court from

the date of taking temporary action as requested by the plaintiff or, in the case

that there is no such period prescribed, within 20 working days or 31 calendar

days, whichever is longer, from the date of passing the order to take temporary

action, the court shall, by the request of the defendant, repeal or cease the

effect of the temporary actions taken under the sub-section (a) and section 73

sub-section (a) without affecting section 73 sub-section (b).

(e) If the temporary actions are revoked or ceased due to the failure or an action

of the plaintiff or if it is found that there is no copyright infringement or that

there is no potential for the infringement, the court may order the plaintiff to

pay an appropriate amount compensation to the defendant for the grievances

caused by the said actions taken at the request of the plaintiff.

36

73. (a) The court may pass orders to take unilateral temporary action in one of the

following circumstances –

(1) in the case of delay that may cause grievances to the right

holder that cannot be remedied.

(2) in the case of concern that the evidences are in danger of being

destroyed.

(b) In taking unilateral temporary action, the court shall –

(1) notify the defendant of the temporary action order immediately after

taking action without delay.

(2) complete the action if the person notified does not comply within an

appropriate timeframe prescribed by the court, or in the case of the

lack thereof, within 20 working days from the date of the issuance of

the notification.

(3) convene a hearing from both parties within an appropriate timeframe if

there is request from the defendants to amend, repeal or approve the

temporary actions.

74. (a) The court may, with respect to copyright infringement, pass one or more of the

following orders without affecting the Civil Laws and the Code of Civil Procedures:

(1) appropriate order to stop copyright infringement including preventing

the entry of copyright infringed materials cleared by the Customs into

the Union’s trade routes.

(2) (aa) order for the payment of sufficient compensation by the infringer

to the right holder for the right holder’s grievances caused by the

copyright infringement, or the order for the repayment of the

compensation prescribed in advance and demanded by the right holder

or of the benefits reaped by the infringer or both under suitable

circumstances.

37

(bb) order for the payment of appropriate expenses of the right holder

including the litigation and lawyer fees.

(3) order to remove or destroy the copyright infringed materials from the

trade routes in order to protect the right holder against grievances,

without the payment of compensation.

(4) order to remove or destroy the tools essential to making copyright

infringed materials from the trade routes.

(b) The court shall, when considering passing an order under the sub-section (a)

(3) and (4), balance the measures of the said order and the copyright

infringement proportionately in the decision as well as consider the interests of

relevant stakeholders.

75. If it is found that the copyright infringement case was filed falsely with a deliberate

purpose, the plaintiff shall pay compensation to the defendant who had been falsely

impeded by the said filing, and the court may order the plaintiff to pay the litigation

fees including the lawyer fees and other expenses of the defendant.

76. (a) The court shall, without violating the provisions under the existing laws, pass

an order for the opposing party in the litigation to present the evidences while

protecting confidential information under the following circumstances –

(1) when the right holder had presented robust evidence sufficient to

support his demands,

(2) when it is definitively stated that the robust evidences related to the

said demands are in the hands of the opposing party.

(b) The court may, in the case of autonomous infringement without robust reason,

convene a hearing of the accusations or the evidences of the aggrieved person

and the infringer, and pass preliminary and final decisions that approve or

disapprove based on the accusations and information from the said parties

under the following circumstances –

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(1) if there is refusal in obtaining necessary information

(2) if necessary information cannot be provided within an appropriate

period

(3) if there is clear obstruction to the procedures related to taking action

77. The court may pass an order to pay the aggrieved person all or part of the fines as

compensation in the case that financial penalty is imposed for one of the offences

prosecuted under this Law.

78. If both criminal and civil cases are prosecuted on the basis of the same matter, the

court may set off the money given as compensation from the fine imposed under

section 77, when passing the judgment, order and decree to pay money for the

grievances in civil case.

79. The court may pass the order to the infringer to reveal the identities of the other

people involved in the distribution or production of the copyright infringed materials.

80. If it is not provided expressly in this Law in respect of the orders to take action

against copyright infringement, the provisions contained in the Evidence Act, the

Code of Criminal Procedure and the Code of Civil Procedure may be applied and

exercised.

Chapter XXII

Offences and Penalties

81 Whoever commits one of the following offences shall, upon conviction, be punished

with imprisonment for a term not exceeding 3 years or with a fine not exceeding 1,000,000 or

with both –

(a) Conducting the following for commercial purpose without the authorization of

the right holder –

(1) Directly or indirectly reproducing the protected work

(2) Owning or trading the copyright infringed material

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(3) Importing copyright infringed material into Myanmar

(4) Committing an act prohibited under sections 40 and 41

(b) Owning a tool essential to the production of a copyright infringed material.

82. Whoever commits the same offence within 5 years after the conviction of one of the

acts provided in section 81 shall, upon conviction, be punished with imprisonment for

a term not exceeding 10 years or with a fine not exceeding 5,000,000 Kyats or with

both.

83. Whoever commits one of the following offences shall, on conviction, be punished

with imprisonment for a term not exceeding 1 year or with a fine not exceeding

2,000,000 or with both.

(a) Issuing or causing to issue the copyright registration certificate dishonestly

(b) Making a false entry or causing to make a false entry in the copyright registry

with a dishonest intent

84. Whoever violates the prohibition contained in section 79 shall, on conviction be

punished with imprisonment for a term not exceeding 6 months or with a fine not

exceeding 1,500,000 Kyats or with both.

85. Whoever attempts to commit any offence contained in this Law or conspires and does

an act amounting to an offence or abets the commissions of an offence shall be liable

to the punishment provided for such offence in this Law.

Chapter XXIII

Miscellaneous

86. Where the term of protection for copyright has expired under this Law, such copyright

shall be presumed deemed as public domain. The public domain work may be freely

used, without authorization of the author or owner of copyright; provided that the user

shall not prejudice to the name and the moral right of the author.

40

87. Copyright the term of which has not expired under the Myanmar Copyright Act, 1914

repealed by this Law, shall have the right to continue enjoying the rights relating to

copyright in accordance with the term of copyright provided in this Law.

88. The related rights of the performers, producers of phonogram and broadcasting

organizations before this Law has come into force shall be enjoyed in accordance with

the term provided in Chapter XIII of this Law.

89. The provisions under this Law shall not be applicable to the contracts of the works,

performances, phonograms and broadcasts that were signed before the day the Law

comes into force.

90. The copies that were legally reproduced but without the permission of the owner of

the copyright before the Law comes into force may be publicly distributed without the

permission of the owner of the copyright for two years from the day the Law comes

into force.

91. Notwithstanding anything contained in any other existing Laws, action shall be taken

only under this Law for any offence relating to copyright.

92. The copy of registration certificate, particulars and documents certified and sealed by

the Registrar are permitted to be submitted as evidence in the relevant Court.

93. If an exhibit involved in any offence prosecuted under this Law is not easily produced

before the Court, such exhibit need not be produced before the Court. However, a

report or other relevant documentary evidence as to the manner of custody of the

same may be submitted. Such submission shall be deemed as if it were a submission

of the exhibit before the Court and the relevant Court shall pass an order to administer

the same in accordance with Law.

94. The Court shall have the authority to pass an appropriate administrative order to

detain or seize as public property or dispose or otherwise process the copyright

infringed materials and the tools used to commit the violation.

41

95. Notwithstanding the provisions of sub-section (a) of section 15, the literary or artistic

work may be applied in respect of public security and governance, as legislative or

judiciary process related documents and for other appropriate actions.

96. The offences under this Law shall be deemed as the police cognizable offences.

97. The disputes regarding the literary and artistic rights may be resolved by means of

peaceful resolution or through litigation.

98. In implementing the provisions contained in this Law:

(a) the Union Supreme Court may issue rules, regulations, notifications, orders,

directives and procedures;

(b) the Ministry may

(1) issue rules and regulations with the approval from the union

government.

(2) issue notifications, orders, directives and procedures.

(c) the Ministry in charge of the customs shall issue rules and regulations with the

approval of the union government.

(d) the Department may issue notifications, orders, directives and procedures with

the approval of the Ministry.

99. The Myanmar Copyright Act, 1914 is hereby repealed.

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

President

The Republic of the Union of Myanmar

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