Commons:Copyright rules by territory/Myanmar
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Copyright rules: Myanmar Shortcut: COM:MYANMAR | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Creation + 50 years or Publish + 50 years |
| Government | Publish + 50 years |
| Applied art | Creation + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Myanmar}} |
| ISO 3166-1 alpha-3 | MMR |
| Treaties | |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Myanmar (formerly Burma) relevant to uploading works into Wikimedia Commons. Note that any work originating in Myanmar must be in the public domain, or available under a free license, in both Myanmar and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Myanmar, refer to the relevant laws for clarification.
Background
Burma became a British colony after 1886. The country regained independence on 4 January 1948. Its official name was changed to Myanmar in 1989, although the name Burma is still widely used.[1]
Myanmar has been a member of the World Trade Organization since 1 January 1995.[2]
As of 2022 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 15/2019 of May 24, 2019 as the main copyright law enacted by the legislature of Myanmar.[2] WIPO holds the official Burmese text of the law in their WIPO Lex database.[3] An unofficial English translation is provided by Lincoln Legal Services (Myanmar) Ltd..
The 2019 act repealed the British colonial-era Copyright Act of 1911, promulgated in 1914 and incorporated the United Kingdom Copyright Act of 1911 with some modifications concerning administration. WIPO Lex also holds the text of this abolished law.[4]
The 2019 act appears to be retroactive: "A Copyright protected according to the Myanmar Copyright Act 1914 shall be subject to the protection and the protection period of this law."[2019 Section 87] In another provision: "Copies of a Reproduced Work made without the authorisation of the Copyright Owner or Related Rights Owner, but according to the law before the effective date of this law may be distributed to the public within two years from the effective date of this law."[2019 Section 90]
Applicability
According to Law No. 15/2019 of May 24, 2019, copyright covers the following works (enumerated a to l):[2019 Section 13]
- books, pamphlets, poems, novels, articles, Computer Programs and other writings
- speeches, lectures, addresses, sermons and other oral works
- dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions
- musical works, with or without accompanying words
- Audiovisual Works including Cinematographic Work
- works of architecture
- works of drawing, sketching, painting, carving, sculpture, engraving, mosaic, wood work, pottery, metal ware, terra-cotta, jewellery, handicrafts, costumes, indigenous textiles
- lithography, weaving, tapestry and other works of fine art
- Photographic Works
- works of applied art
- textile designs
- three-dimensional works related to geography, topography, architecture or science
General rules
According to the Law No. 15/2019 of May 24, 2019,
- The economic rights shall be protected during the lifetime of the Author and for 50 years after his death;[2019 Section 17(a)(1)]
- In the case of a Work of Joint Authorship, the economic right shall be protected during the life of the last surviving Author and for 50 years after his death;.[2019 Section 17(a)(2)]
- In the case of Audiovisual Work or Cinematographic Work, the economic right shall be protected for 50 years after the work is made available to the public with the approval of the Author or if there is no such engagement, the economic right of the work shall be protected for 50 years after its creation.[2019 Section 17(a)(3)]
- In the case of a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest, provided that where the Author's identity is revealed or is no longer in doubt before the expiration of the said period, the provisions of sub-section (1) or sub-section (2) shall apply, as the case may be.[2019 Section 17(a)(4)]
- In the case of government work, apart from the matters that don't have protection made under section 16, where a Government department or organisation is the first owner of the Copyright, the Copyright shall subsist until 50 years from the beginning of the calendar year following the year in which the work is first published or made available to the public.[2019 Section 17(a)(5)]
- In the case of a Work of Applied Art, the economic rights shall be protected for 25 years from the making of the work.[2019 Section 17(a)(6)]
Not protected
Unprotected works according to Law No. 15/2019 of May 24, 2019, Section 16 (a to f) are:[2019 Section 16]
- (a) idea, procedure, system, concept, mathematical concept, principle, discovery or data
- (b) news of the day as mere items of information;
- (c) the constitution and laws
- (d) procedures, rules, directives, notifications, explanations from a ministry, government organisation or regional or state government;
- (e) judgments and orders from a court.
- (f) translations and collections of (c) and (e)
Copyright tags
See also: Commons:Copyright tags
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK Chapter 12 (Sections 24–33) of the Law No. 15/2019 of May 24, 2019, containing the limitations and exceptions to copyright, does not contain a provision resembling freedom of panorama.
The repealed Burma Copyright Act 1911 had a British-style freedom of panorama that covered depictions of works of architecture, sculpture, and artistic craftsmanship permanently found in public spaces through paintings, drawings, engravings, and photographs, as well as publication of such depictions.[1914 Section 2(1){iii)] This did not cover paintings, drawings, sculptures, engravings, and photographs found in public spaces.
- Notes
- As the 2019 act appears to be retroactive, the British-style freedom of panorama is rendered void.
- "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Myanmar (Burma). On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."
See also: Category:Burmese FOP cases. Stamps
See also: Commons:Stamps
Under Sec. 17(a)(5) of the Law No. 15/2019, Government works of Myanmar are copyrighted for 50 years from first publication (before 1 January 1974).
Citations
- ↑ Should it be Burma or Myanmar?. BBC (26 September 2007). Retrieved on 2019-01-27.
- ↑ a b Myanmar Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Copyright Law (Law No. 15/2019 of May 24, 2019) (24 May 2019). Retrieved on 2021-02-20.
- ↑ Copyright Act of 1911. Burma (1914). Retrieved on 2018-11-08.