Copyrights Law in Mauritania
Copyright Law in Mauritania
Mauritania is a member of the World Intellectual Property Organization (WIPO) and has committed to various international agreements related to intellectual property. Here's an overview of the copyright law in Mauritania:
Legal Framework
Primary Legislation:
Law No. 2001-054 of July 19, 2001 on the protection of literary and artistic works.
This law governs copyrights and related rights in Mauritania.
International Treaties Signed:
Berne Convention for the Protection of Literary and Artistic Works.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
WIPO Copyright Treaty (WCT) – not ratified as of last update.
WIPO Performances and Phonograms Treaty (WPPT) – not ratified as of last update.
Scope of Protection
The law protects original literary, artistic, and scientific works, including:
Books, pamphlets, and other writings.
Lectures, addresses, and other oral works.
Dramatic and musical works.
Cinematographic works.
Photographic and computer software works.
Architectural works and works of applied art.
Rights Granted
Economic Rights:
Right to reproduce the work.
Right to distribute copies.
Right to perform or display the work publicly.
Right to translate or adapt the work.
Moral Rights:
Right of authorship (to be recognized as the author).
Right to object to any distortion, mutilation, or modification that would harm the author's reputation.
Duration of Protection
Economic rights:
50 years after the death of the author (post mortem auctoris).
Moral rights:
Protected in perpetuity (forever).
Limitations and Exceptions
Use for educational, scientific, or private purposes may be allowed under specific conditions.
Fair use or fair dealing principles apply similarly to other global norms.
Enforcement
Copyright infringement can result in:
Civil remedies – damages, injunctions, and confiscation.
Criminal penalties – fines and imprisonment in severe cases.
The courts in Mauritania handle disputes related to copyright.
Relevant Authorities
Ministry of Culture, Youth, Sports, and Relations with Parliament oversees copyright matters.
Mauritanian Office for Copyrights (if functioning) may handle registration and administration (Mauritania does not require registration for protection, but it may help in enforcement).
Key Considerations
While Mauritania has the legal framework, practical enforcement may be limited.
Authors are advised to keep documentation and publication records to support their rights.
Foreign works are protected in Mauritania under the Berne Convention.
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