Myanmar

The new Copyright Law was approved by the Myanmar Parliament on May 24, 2019 replacing the old Myanmar Copyright Act 1914. The prior act from 1914 is unmistakably repealed and replaced by the new statute. With the assistance of the World Intellectual Property Organisation (WIPO), the draft law was created. The following principles guide the new copyright regime’s efforts to safeguard works of art:

• The fact that foreign works are expressly protected by the new Copyright Law is its first and most important characteristic. These works are only protected, nevertheless, if they are first published outside of Myanmar or within 30 days of such publication. The nation is not a party to the Berne Convention, which mandates that nations guarantee all authors the same level of copyright protection, no matter where their works are published.
• If a work is first published in Myanmar and is then published outside the country within 30 days of that initial publication, copyright protection for those works—including literary, artistic, performing arts, and phonograms—created and published by citizens of Myanmar and for works covered by a copyright convention to which Myanmar is a signatory is automatic and requires no registration.
• Additionally, the statute states that literary and artistic works may be printed, applied art, musical, choreographic, traditional expressions, or any type of illustration.
• Period of protection: Literary works are protected for fifty years following the author’s passing and during their lifetime up to the date of their first publication. Since the date the work was published or made public until the period of fifty years, collaborative works, audiovisual works, and works published under a pseudonym are protected. The applied arts are protected for a period of 25 years starting from the date of creation. It is important to remember that authors retain lifetime moral rights.
• The owners of the copyrighted work have the sole authority to reproduce, translate, adapt, arrange, alter, distribute, sell, transfer, or assign the work.
• Period of protection: Literary works are protected for fifty years following the author’s passing and during their lifetime up to the date of their first publication. Since the date the work was published or made public until the period of fifty years, collaborative works, audiovisual works, and works published under a pseudonym are protected. The applied arts are protected for a period of 25 years starting from the date of creation. It is important to remember that authors retain lifetime moral rights.
• The owners of the copyrighted work have the sole authority to reproduce, translate, adapt, arrange, alter, distribute, sell, transfer, or assign the work.
• Under specific exceptions, such as for educational or personal purposes, the reproduction of a copyright work without the consent of the rights holder shall be permitted, provided that it does not violate the rights of any copyright owner.
• The law also allows for the creation of certain collective management organisations, which, after receiving the necessary authorisation, will have the power to represent right owners and manage particular rights that have been delegated to them.
• The statute also lists specific offences such unlicensed duplication or transmission for profit. The minimum punishments are a year or less in jail and a fine that can’t be more than MMK 1 million. The habitual offenders may face a minimum fine of MMK and a term of imprisonment of up to 10 years.