Copyrights Law in Madagascar
Copyright Law in Madagascar
Madagascar's copyright system is regulated under national laws and international treaties. Below is an overview of how copyright law operates in the country:
1. Governing Law
The primary legislation governing copyright in Madagascar is:
Law No. 94-036 of 18 September 1995 on Literary and Artistic Property (updated as needed).
This law provides protections for the rights of authors and creators of intellectual works.
2. Works Protected
Under Malagasy copyright law, the following works are protected:
Literary works (books, articles, etc.)
Musical compositions
Cinematographic works
Artistic works (paintings, drawings, sculptures)
Computer programs and software
Architectural designs
Photographic works
Performances, phonograms, and broadcasts (related rights)
3. Duration of Protection
Author's lifetime plus 50 years after death (posthumous protection).
For anonymous or pseudonymous works: 50 years from the date of publication.
For cinematographic works: 50 years after publication.
For photographic works: 50 years from creation.
4. Moral and Economic Rights
Madagascar grants both moral rights and economic rights:
Moral Rights:
Right to claim authorship (attribution)
Right to object to distortion or modification of the work (integrity)
Economic Rights:
Right to reproduce the work
Right to distribute copies
Right to publicly perform or display the work
Right to make adaptations or translations
These rights can be transferred or licensed (except moral rights, which are inalienable).
5. Exceptions and Limitations
Certain uses are allowed without permission, such as:
Private and personal use
Quotation for educational or research purposes
Reporting current events
Library and archival reproductions
However, such uses must not conflict with the normal exploitation of the work.
6. Enforcement and Penalties
Infringement of copyright may lead to:
Civil actions (damages, injunctions)
Criminal penalties (fines, imprisonment in severe cases)
Seizure of infringing materials
Enforcement is done through national courts and supported by the Malagasy Office of Copyright (OMDA).
7. International Agreements
Madagascar is a member of several key international copyright treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
WIPO (World Intellectual Property Organization)
TRIPS Agreement (WTO)
Rome Convention (related rights)
This means foreign authors also enjoy copyright protection in Madagascar, and Malagasy works are protected abroad.
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