27 March

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How does a Certificate of Copyright Registration in Myanmar benefit you?

Download Copyright registration is not mandatory in Myanmar. The provisons about this non-obligatory registration of copyright can be found in Article 17, 46 and 54 of Myanmar's Copyright Law. In detai, Article 17 which provides the term of copyright states that the protection for economic rights and moral rights applies to literary or artistic works “whether or not they are registered” (regardless of registration status) under this Law. This indicates that copyright protection is automatic upon the creation of the work and does not require formal registration to come into effect. Article 46 to 54 of Myanmar's Copyright Law clarify on the...

27 March

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Registering a work for a foreign author and/or owner of copyright in Myanmar: What is the process?

Posted by Ly Dinh

in Copyright, Myanmar

Download Registering a work under Myanmar's Copyright Law for a foreign author or copyright owner involves a systematic process that aligns with the stipulations laid out in Articles 46 to 54. KENFOX would like to provide below a detailed guide for copyright authors/owners to successfully register their works in Myanmar. Step 1: Preparation (Articles 13, 15 & 16): • Understand eligible works: Review the types of works that can be registered under Myanmar’s Copyright Law to ensure your work qualifies. This includes a wide range of literary and artistic works deemed to be original intellectual creations. • Confirm copyright ownership: Ensure that your work...

27 March

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Rights of broadcasting organizations under Myanmar’s Copyright Law: What are they?

Posted by Ly Dinh

in Copyright, Myanmar

Download Article 40 establishes a comprehensive framework that recognizes the value and investment involved in broadcasting activities. By granting exclusive economic rights, Myanmar’s Copyright Law provides broadcasting organizations with necessary tools to control and monetize their content effectively. These rights are pivotal for the management, control, and commercial exploitation of their broadcasts. KENFOX would like to provide below analysis on the rights and protections afforded to broadcasting organizations and specific entities (e.g., cable TV companies), ensuring a comprehensive understanding and practical application of the laws, thereby maximizing the utilization of their legitimate rights. 1. Exclusive Economic Rights Per Article 40 (a), a broadcasting...

27 March

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How can a foreign work be protected under copyright law of Myanmar?

Posted by Ly Dinh

in Copyright, Myanmar

Download Myanmar is not a member of the Berne Convention. Consequently, authors and/or owners of foreign works from Berne Convention countries do not automatically enjoy copyright protection in Myanmar. For foreign works to be protected in Myanmar, they must meet the conditions set out in Myanmar's Copyright Law 2019, as Myanmar's obligations to protect foreign works are defined solely by its own legislation and any treaties it has joined. Article 12 of Myanmar’s Copyright Law 2019 sets out conditions for national and international literary and artistic works, as well as performances, phonograms, and broadcasts. KENFOX would like to provide below the...

27 March

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Rights and Protections for Phonogram Producers Under Myanmar’s Copyright Law

Posted by Ly Dinh

in Copyright, Myanmar

Download A producer of a phonogram is entitled to the related rights as per Articles 39, 41, and 42. These articles grant producers exclusive economic rights, ensuring that producers can control and benefit from the use of their phonograms in various ways. The provisions also set forth provisions for equitable remuneration, limitations, and exceptions to these rights, marking a significant consideration for the music industry and related sectors. KENFOX would like to provide below analysis on the rights and protections afforded to producers of phonograms as well as performers, ensuring a comprehensive understanding and practical application of the laws, thereby maximizing...

27 March

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What Are Performers’ Economic and Moral Rights Under Myanmar’s Copyright Law?

Posted by Ly Dinh

in Copyright, Myanmar

Download Performers are granted the related rights, including “economic rights” and “moral rights” under Articles 37, 38, and 41 of Myanmar’s Copyright Law. These provisions cover a range of protections for performances, whether unfixed or fixed, live or recorded, ensuring performers are adequately compensated for their work and have a say in how their performances are used, reflecting a balance between protecting creators' rights and allowing for the dissemination and enjoyment of cultural works. Importantly, these regulations provides a legal framework that respects performers' contributions to cultural and creative industries, ensuring their performances are protected against unauthorized use that could undermine...

27 March

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

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

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...

26 March

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Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download Myanmar's Copyright Law, enacted as The Pyidaungsu Hluttaw Law No. 15, 2019, comprises 24 chapters, each addressing various aspects of copyright and related rights protection, administration, enforcement, and penalties. KENFOX would like to provide below some basic details of the law with a hope that they will help IPR holders understand about the key provisions and mechanisms thereof and how to effectively manage, protect, and enforce their copyright and related rights in Myanmar. Chapter I - Title, enforcement, and definitions (including 02 articles, Articles 1-2) Establishes the law's title, its effective date, and provides definitions for terms (e.g., "author," "copyright," "intellectual property...

26 March

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Term of copyright protection under Myanmar’s Copyright Law: How long?

Posted by Ly Dinh

in Copyright, Myanmar

Download Knowing the duration of copyright protection ensures compliance with the law, helping to avoid unintentional infringements that could lead to legal disputes, penalties, or loss of rights. It also informs users about when a work enters the public domain and can be used without permission. For creators and copyright owners, understanding the duration of protection is essential for planning how to exploit their works commercially. The term of copyright protection is provided as per Article 17 of Myanmar's Copyright Law, even for works that are not registered. Under Myanmar's Copyright Law and the copyright laws of many other jurisdictions, the protection...

26 March

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Cancelling a copyright or related right registration in Myanmar: How?

Posted by Ly Dinh

in Copyright, Myanmar

Download Articles 55, 56, and 57 of Myanmar's Copyright Law provide for the grounds and procedures for canceling a copyright or related rights registration. KENFOX would like to provide below essential insights and details to help the concerned parties to take propeer actions concerning copyright/related cancellation in Myanmar. 1. Filing an application for cancellation Under Article 55, if it is found that a registered copyright or related rights is “prejudicial” to any person or to public interests, a cancellation can be requested. Such adverse impact, or prejudiciality, can manifest in various ways: • Monopolization of public domain works: If a work that should...