Entry Into Force Of The New Copyright Law In Myanmar

• Published date: 06 November 2023
• Subject Matter: Intellectual Property, Copyright
• Law Firm: Rouse
• Author: Mr Fabrice Mattei and Tin Hla

Enhancing foreign copyright owners rights

Myanmar's Copyright Law (referred to as "the New Act"), which was enacted on May 24, 2019, has come into effect on October 31, 2023, as per Notification No. 218/2023 dated October 18, 2023, thereby repealing the Myanmar Copyright Act of 1914 (referred to as "the Old Act").

Similar to copyright laws in many other countries, copyright protection in Myanmar is now granted automatically upon the creation of a work. As a result, registering copyrights in Myanmar is considered optional but recommended for enforcement purposes.

Aligned with international copyright protection standards, the New Act encompasses various categories, including:

• Literary works, including computer programs
• Dramatic works
• Artistic works
• Musical works
• Audiovisual works, such as cinematographic works
• Architectural works
• Works of drawings, applied art, fine art
• Photographic works
• Textile design
• Any other works in the literary, scientific, or artistic nature

In contrast to the Old Act, which only protected works first published in Myanmar or created by Myanmar citizens or residents with a protection term extending to the creator's life plus thirty years after their death, the New Act introduces several key and positive changes:

• Myanmar is not a member of the Berne Convention. Therefore copyright works created abroad must be published in Myanmar within 30 days following their creation date to receive copyright protection in Myanmar, unless the work is created by a Myanmar citizen.
• It now covers related rights, including the exclusive rights of performers, phonogram producers, and broadcasting organizations These rights extend not only to communication to the public but also cover importation, uploading to the internet, and selling to the public for distribution purposes.
• Existing copyrights and related rights will continue to be protected for the term provided in the new law if those rights under the Old Act have not yet expired at the time the New Act takes effect.
• The New Act does not affect contracts executed before its entry into force for copyright works, performances, phonograms, and broadcasts.
• The introduction of the Collective Management Organization (CMO) is a new feature, with details about its formation and responsibilities outlined in the New Act. Regulations related to the CMO may be issued concurrently with the New Act or at a later date.
• The concept of Fair Use, which allows the use of copyrighted works for private study...