10 Limitations and Exceptions of Economic Rights under Myanmar’s Copyright Law You Need To Know

Download

The limitations and exceptions to the economic rights of copyright holders in Myanmar are provided under Articles 24 through 33 of Myanmar’s Copyright Law. These provisions ensure a balanced approach, allowing for certain uses of copyrighted works without the authorization of the right holder under specific circumstances, aiming to foster education, cultural exchange, and access to information while still protecting the interests of copyright owners. KENFOX provides below such limitations and exceptions to the economic rights so that copyright holders could take proper actions.

1. Personal use and fair use: Individuals are allowed under Article 24 to reproduce parts of published works for personal use, provided it adheres to fair use principles, does not conflict with normal exploitation, and does not harm the right holder’s interests. Exceptions include significant reproductions of books, musical works, databases, and computer programs.

2. Temporary digital reproductions: Temporary reproduction necessary for digital transmission or making a digitally stored work perceptible is permitted under Article 25, aligning with modern digital use practices.

3. Quotations: The use of quotations from legally publicized works for purposes such as criticism, review, or scholarly work is permitted under Article 26, with the condition of fair practice and source attribution.

4. Educational reproductions: Reproduction for teaching, incorporating works into course packs, and use in academic assignments is allowed as per Article 27, under fair practice and to the extent justified by the purpose.

5. Library and archive reproductions: Libraries and archives can reproduce works for study, preservation, or inter-library exchanges without commercial gain, ensuring access to information and cultural preservation under Article 28.

6. News reporting and current events: The reproduction, broadcasting, or public communication of political, economic, or religious articles, speeches, and events coverage for informational purposes are allowed under Article 29, subject to certain conditions.

7. Computer programs: Lawful owners may reproduce or adapt a computer program for personal use, archival purposes, or to maintain usability under Article 30, reflecting the unique nature of software.

8. Importation for personal use: Individuals may import copies of works for non-commercial personal use, facilitating access to cultural and intellectual works under Article 31.

9. Ephemeral recordings by broadcasting organizations: Broadcasting organizations may make temporary recordings of works for their broadcasts, with provisions for archival preservation under certain conditions as per Article 32.

10. Accessible format copies for persons with visual impairment: Article 33 authorizes the creation, distribution, and communication of accessible format copies for visually impaired persons under the Marrakesh Treaty framework, enhancing access to literary and artistic works for those with disabilities.

It can be said that the above limitations and exceptions to economic rights under Myanmar’s Copyright Law facilitates educational, scholarly, and personal access to copyrighted works while ensuring that reproduction does not harm the market for the original work or the rights holders’ interests and balancing the economic rights of copyright holders with the public’s interest in accessing, using, and experiencing cultural and intellectual content.