Copyrights Law in Bhutan
Certainly! Here's an overview of Copyright Law in Bhutan:
π§πΉ Copyright Law in Bhutan
Bhutan's copyright framework is governed by the Copyright Act of the Kingdom of Bhutan, 2001, which came into force on July 17, 2001. This law provides protection for the rights of authors over their original works, including literary, artistic, and musical creations.(
π Key Features of Bhutanβs Copyright Law
1. Protected Works
The Act protects a wide range of works, including:
Literary works (e.g., books, articles, computer programs)
Artistic works (e.g., paintings, sculptures, photographs)
Musical compositions
Audiovisual works (e.g., films, videos)
Architectural works
Applied art
Derivative works (e.g., translations, adaptations)
Protection is granted automatically upon creation, without the need for formal registration.
2. Duration of Protection
The duration of copyright protection varies based on the type of work:
Individual works: Life of the author plus 50 years after death.
Joint works: 50 years after the death of the last surviving author.
Collective works: 50 years from the date of publication.
Anonymous or pseudonymous works: 50 years from the date of publication.
Applied art: 25 years from the date of creation.
Performers' rights: 50 years from the date of performance.
Producers of sound recordings: 50 years from the date of fixation.
Broadcasting organizations: 50 years from the date of broadcast.(
The Act recognizes both economic and moral rights of authors
Economic rights: Reproduction, distribution, public performance, broadcasting, adaptation, and translation.
Moral rights: Right to claim authorship and to object to any distortion or mutilation of the work.
Economic rights can be assigned in whole or in part through a formal agreement, while moral rights are inalienable and cannot be assigned during the lifetime of the author
4. Registration
While copyright protection is automatic, Bhutan has established a voluntary registration system. The Intellectual Property Division (IPD) of the Ministry of Economic Affairs maintains a copyright registry. Registration serves as prima facie evidence of authorship and ownership. To register, creators submit their works to the IPD, and if there are no objections within a specified period, a certificate of registration is issued. However, registration is not mandatory for copyright protection.
5. Enforcement and Remedies
Infringement of copyright is a criminal offense under the Act. If committed willfully or by gross negligence for profit-making purposes, the infringer may be subject to:(
Or both(
Enforcement is primarily the responsibility of the copyright owner, who must monitor and take action against infringements. The government provides support but does not directly engage in enforcement operations.
6. International Treaties
Bhutan is a member of the Berne Convention for the Protection of Literary and Artistic Works, having joined on November 25, 2004. This membership ensures that Bhutanese works are protected in other member countries and vice versa
π Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Copyright Act of the Kingdom of Bhutan, 2001 |
| Duration | Varies (50 years after author's death for most works) |
| Protected Works | Literary, artistic, musical, audiovisual, applied art, etc. |
| Registration | Voluntary; administered by the Intellectual Property Division |
| Enforcement | Primarily by copyright owner; penalties include fines and imprisonment |
| International Treaties | Berne Convention (since 2004) |
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