On 23 October 2023, the Ministry of Commerce under the State Administration Council (“SAC”) issued the Copyright Registration Rules (“CRR”) with the authority granted under the Copyright Law of 2019 (“CL”), established through Pyihtaungsu Hluttaw Law No. 15/2019. CRR will be fully enforced on 31 October 2023. With the introduction of the new Copyright Law, designed to replace the outdated Copyright Act of 1914, copyright holders can voluntarily register their copyrights per the new legislation’s guidelines.
There are two types of Intellectual Property rights under the CL. The first type is known as ‘Copyright’, which covers literary and artistic works and is granted to the creators of those works. The second type is Related Rights (neighbouring rights), which are given to performers, phonogram producers, and broadcasting organizations. In creating a song, the composer or songwriter owns the copyright, while the performer, singer, music producer, and broadcasting organization owns the related rights. The CL stipulates that the original artist can register their artistic work for its first publishing, whether it occurs within the Union or in another country, as long as they are a resident in the Union or a non-habitual resident. The registration must occur within 30 days for non-habitual residents for their artistic works created in another country. This principle applies also to the production of phonograms. Owners of Economic and Moral Rights are entitled to protection within the framework of CL, safeguarding both their economic and moral rights. Economic Rights owners, as specified in CL, have the privilege to receive economic benefits from their creative works, as well as for those to whom they have transferred these rights. The original creators, co-creators, and performers of an original literary and artistic work are entitled to Moral Rights throughout their lifetime and for all time after their demise. They retain the authority to demand proper attribution for their works, exercise control over reproductions of their creations, and object to any actions that may compromise their artistic integrity.
While copyright ownership is automatically granted upon the creation of a work, it is advisable to register with the Intellectual Property Department (IPD). Registration as a notice provides a robust and formal means of safeguarding copyright ownership and compelling evidence of one’s rights in case of any disputes or infringement claims.
The CRR outlines various procedures for registering and transferring Copyright and Related Rights in a step-by-step manner, addressing a wide range of situations. This includes the registration of copyright or related rights by individuals or legal organizations and the transfer of copyright or related rights from one party to another. The CRR provides forms labelled CR-1 to CR-12 for applicants to submit. The rules specify that applicants can be either individuals or legal organizations, and registration can be carried out by a representative acting on behalf of the applicant, as stated in rule 40 of the CRR. CR-1 is for the registration of copyright, and CR-2 is for the registration of related rights.
For further details on the rules, please contact [email protected]
