Copyrights Law in Mauritius
Sure! Here's a detailed overview of Copyright Law in Mauritius:
Copyright Law in Mauritius
Mauritius has a structured legal framework to protect copyright and related rights. It is a member of international treaties on intellectual property and has adopted legislation consistent with international standards.
Legal Framework
Primary Legislation:
The Copyright Act 2014 (replacing the older 1997 law).
The Act came into force to modernize copyright protection and align Mauritius with global standards.
International Treaties Mauritius is Party To:
Berne Convention for the Protection of Literary and Artistic Works.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
WIPO Copyright Treaty (WCT).
WIPO Performances and Phonograms Treaty (WPPT).
Rome Convention (for protection of performers, producers, and broadcasters).
Works Protected
Original literary, artistic, and scientific works such as:
Books, pamphlets, articles, computer programs.
Musical compositions and lyrics.
Cinematographic films and audiovisual works.
Dramatic works, choreography.
Paintings, drawings, sculptures, photographs.
Architectural works.
Sound recordings.
Rights Granted
Economic Rights:
Right to reproduce the work.
Right to distribute copies.
Right to publicly perform or communicate the work.
Right to adapt or translate the work.
Right to rent or lend the work.
Moral Rights:
Right to be identified as the author.
Right to object to derogatory treatment of the work that harms the author’s honor or reputation.
Duration of Protection
General rule:
Life of the author plus 70 years after death.
For works with multiple authors: 70 years after the death of the last surviving author.
For anonymous or pseudonymous works: 70 years from publication.
For cinematographic works: 70 years from publication.
For sound recordings and broadcasts: 50 years from fixation or broadcast.
Limitations and Exceptions
Fair dealing exceptions for:
Research and private study.
Criticism or review.
Reporting current events.
Teaching and education.
Exceptions are strictly defined and must not conflict with normal exploitation of the work or unreasonably prejudice the rights of the author.
Enforcement
The law provides for both civil and criminal remedies.
Remedies include:
Injunctions to stop infringement.
Damages or account of profits.
Destruction or forfeiture of infringing copies.
Criminal penalties include fines and imprisonment for intentional copyright infringement.
Administration and Registration
Copyright protection in Mauritius does not require formal registration.
However, authors can voluntarily register their works with the Mauritius Industrial Property Office as evidence of ownership.
The Ministry of Arts and Culture plays a key role in policy and administration.
Additional Notes
Mauritius has adopted the WIPO Internet Treaties, enhancing protection in the digital environment.
The Copyright Act includes provisions for protection of technological measures and rights management information against circumvention.
Collective management organizations exist to administer rights for authors and performers.
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