Copyrights Law in Brunei
Brunei Darussalam's copyright laws are governed by the Emergency (Copyright) Order, 1999, which came into force on May 1, 2000. This legislation provides automatic protection for original works of authorship and aligns with international standards, including the Berne Convention for the Protection of Literary and Artistic Works, to which Brunei is a signatory.
📘 Key Provisions of Brunei's Copyright Law
1. Automatic Protection
Copyright protection in Brunei arises automatically upon the creation of an original work, without the need for formal registration. This applies to a wide range of works, including literary, dramatic, musical, and artistic creations, as well as sound recordings, films, broadcasts, and cable programs.
2. Duration of Protection
The duration of copyright protection varies depending on the type of work:
Literary, dramatic, musical, and artistic works: The life of the author plus 50 years.
Anonymous or pseudonymous works: 50 years from the date of creation.
Computer-generated works: 50 years from the date of creation.
Sound recordings and films: 50 years from the date of publication or creation, whichever is later.
Broadcasts and cable programs: 50 years from the date of publication.
Government works: 50 years from the date of publication if published within 75 years of creation; otherwise, 125 years from the date of creation
Legislative council works: 50 years from the date of creation.
Acts or orders: 50 years from the date of assent or creation.
3. Moral Rights
Authors in Brunei are entitled to moral rights, which include:
The right to claim authorship of a work.
The right to object to any distortion, mutilation, or other modification of the work that would prejudice the author's honour or reputation.
4. Fair Dealing
Certain uses of copyrighted works are permitted without the author's permission under the doctrine of fair dealing. These include uses for the purposes of research, private study, criticism, review, or reporting current events.
5. Collective Management Organizations (CMOs)
Brunei has two main CMOs that manage the rights of copyright holders in the music industry:
BeAt Berhad: Represents music authors and composers.
BruMusic Sdn Bhd: Represents record producers.
These organizations work together to license and collect royalties on behalf of copyright holders.
🌐 International Treaties
Brunei is a member of several international treaties that facilitate the protection of copyrighted works across borders:
Berne Convention for the Protection of Literary and Artistic Works
World Trade Organization (WTO)
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
These memberships ensure that works created in Brunei are protected in other member countries.
🏛️ Enforcement and Protection
While Brunei does not require registration for copyright protection, authors may choose to register their works with the Brunei Intellectual Property Office (BruIPO) for additional legal benefits. Infringement of copyright can lead to civil and criminal penalties, including fines and imprisonment.
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