Copyrights Law in Macau
Here’s a clear overview of Copyright Law in Macau (Macau Special Administrative Region of China):
📚 Legal Framework
1. Primary Legislation
The main law governing copyright in Macau is:
Law No. 16/2001 (Copyright Law of Macau), enacted on August 10, 2001.
It was updated by Law No. 22/2018, which introduced some amendments to align with international standards and modern digital realities.
2. International Treaties Macau Adheres To
Macau, under the “one country, two systems” principle, maintains its own legal system and copyright regime.
Macau is a party or observer to several international treaties via China or independently:
Berne Convention (through China’s accession)
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement (via China)
🖋️ Scope of Protection
Copyright protects original works fixed in a tangible medium, including:
Literary works
Musical works
Artistic works (paintings, sculptures, photographs)
Audiovisual works (films, videos)
Computer software
Databases
⏳ Duration of Protection
Author’s life + 50 years after death.
If a work is published anonymously or pseudonymously: 50 years from publication.
For audiovisual works: 50 years from creation or publication, depending on the circumstances.
For related rights (performers, producers, broadcasters): usually 50 years from performance or first publication.
✅ Requirements for Protection
Automatic protection upon creation without any formal registration or deposit.
The work must be original and expressed in some material form.
📥 Rights Granted
Moral Rights (non-transferable)
Right to claim authorship
Right to object to any distortion or modification harmful to the author's reputation
Economic Rights (transferable/licensable)
Reproduction
Distribution
Public performance and communication
Adaptation or translation
⚖️ Exceptions and Limitations
Macau copyright law provides exceptions such as:
Private and personal use
Quotation for criticism or research
Educational use and teaching
Use by libraries and archives
News reporting
🛡️ Enforcement
Copyright infringement can lead to:
Civil remedies: damages, injunctions, and account of profits.
Criminal penalties: fines and imprisonment for serious violations.
Customs authorities have powers to seize pirated goods.
Courts in Macau have jurisdiction over copyright disputes.
📌 Additional Notes
Macau’s copyright system is separate from mainland China’s.
The law addresses digital works and online copyright enforcement.
Collective management organizations exist for licensing and royalty collection, but are less developed compared to other regions.
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