Copyrights Law in Haiti

Here’s an overview of copyright law in Haiti as of 2025:

📚 Copyright Law in Haiti

1. Legal Framework

The primary legislation is the Law of 14 April 2005 on Copyright and Related Rights, which modernized Haiti's copyright system.

Administered by the Ministère de la Culture et de la Communication.

Haiti is a member of major international treaties:

Berne Convention

WIPO Copyright Treaty

TRIPS Agreement (through WTO membership)

2. Protected Works

Haitian copyright law protects original works of authorship, including:

Literary works (books, articles, software)

Artistic works (paintings, drawings, sculptures)

Musical compositions (with or without lyrics)

Cinematographic and audiovisual works

Photographs

Architectural works

Translations and adaptations

Protection is automatic upon creation and does not require registration.

3. Rights Conferred

🔹 Economic Rights:

Right to reproduce, publish, perform, broadcast, adapt, and distribute the work.

🔹 Moral Rights:

Right to be named as the author (right of attribution)

Right to the integrity of the work (to oppose distortion, mutilation, or unauthorized modification)

Moral rights are perpetual, inalienable, and imprescriptible in Haiti.

4. Duration of Protection

Life of the author + 50 years after death.

For joint works: 50 years after the last surviving author’s death.

For anonymous or pseudonymous works: 50 years from first publication.

Related rights (e.g., performers, producers): 50 years from performance or publication.

5. Limitations and Exceptions

Allowed uses without prior authorization include:

Private copying for personal use

Quotation for criticism, review, or news reporting

Educational and research use

Library and archival uses

These uses must be fair and not harm the normal exploitation of the work.

6. Enforcement

Rights can be enforced in civil and criminal courts.

Penalties for infringement include:

Injunctions

Damages

Seizure of infringing goods

Fines or imprisonment for willful infringement

📊 Summary Table

AspectDetails
Governing LawLaw of 14 April 2005 on Copyright and Related Rights
ProtectionAutomatic upon creation
Protected WorksLiterary, musical, artistic, audiovisual, software
DurationLife + 50 years
Moral RightsYes – perpetual and inalienable
ExceptionsPrivate use, quotation, teaching, libraries
EnforcementCivil and criminal remedies

 

LEAVE A COMMENT

0 comments