Copyrights Law in Comoros
Comoros' copyright framework is primarily governed by the Law of March 11, 1957, on Literary and Artistic Property, which provides protection for various creative works. Additionally, Comoros is a member of the African Intellectual Property Organization (OAPI), adhering to the Revised Bangui Agreement, which further influences copyright regulations in the country
📜 Legal Framework
National Law: The Law of March 11, 1957, is the foundational legislation governing copyright in Comoros. It outlines the rights of authors over their literary and artistic works, including the duration of protection and the scope of exclusive rights.
Regional Law: As a member of OAPI, Comoros is bound by the Revised Bangui Agreement, which harmonizes intellectual property laws across member states. This agreement includes provisions on copyright, establishing a unified legal framework for the protection of creative works within the OAPI region.
📚 Subject Matter Eligible for Protection
Under the 1957 law, the following works are eligible for copyright protection in Comoros
Written works, including computer programs
Oral works, such as lectures, addresses, and sermons
Musical works, with or without accompanying words
Dramatic and dramatico-musical works
Choreographic and mimed works
Audiovisual works
Works of fine art, including drawings, paintings, sculptures, engravings, and lithographs(Adams & Adams)
Architectural works
Photographic works
Applied art works
Illustrations, maps, plans, sketches, and three-dimensional works related to geography, topography, architecture, or science
Traditional cultural expressions
Additionally, translations, adaptations, arrangements, and other transformations of works and expressions of folklore are also protected. Collections of works or data, such as encyclopedias and anthologies, are protected if they constitute original creations due to the selection, coordination, or arrangement of their contents.
⏳ Duration of Protection
The duration of copyright protection in Comoros varies based on the type of work:
General Rule: The copyright lasts for the lifetime of the author plus 50 years after their death.
Works of Joint Authorship: The duration is calculated from the lifetime of the last surviving author plus 50 years.
Anonymous and Pseudonymous Works: Protection lasts for 50 years from the end of the calendar year of publication or, if not published, 50 years from the making of the work.
Collective Works: Protection lasts for 50 years from the end of the calendar year of publication or, if not published, 50 years from the making of the work.
Posthumous Works: Protection lasts for 50 years from the date of publication.
Applied Art Works: Protection lasts for 25 years from the making of the work.
⚖️ Limitations and Exceptions
The 1957 law outlines specific exceptions to copyright protection, which include:
Private and Gratuitous Representations: Made exclusively within the family circle.
Private Copies: Reproductions strictly reserved for the private use of the copier and not intended for collective use.
Analyses and Short Quotations: Justified by the critical, polemical,
Press Reviews: Dissemination of news via the press or radio.(
Parody, Pastiche, and Caricature: Use of works in a manner that is transformative and humorous. (
These exceptions are more limited compared to the fair use or fair dealing models found in some other jurisdictions, which may restrict the lawful use of copyrighted works by others.
🏛️ Enforcement and Administration
In Comoros, copyright matters are overseen by the Ministry of Youth, Employment, Workforce Development, Culture, and Sport, which is responsible for cultural affairs and the enforcement of copyright laws. The Comorian Intellectual Property Office (OCPI), under the Ministry of the Economy, Planning, Energy, Industry, Handicrafts, Tourism, Investments, Private Sector, and Land Affairs, handles industrial property matters, including patents and trademarks.
🌐 International Treaties
Comoros is a member of several international treaties related to copyright:
Berne Convention for the Protection of Literary and Artistic Works: Comoros has been a member since April 17, 2005, ensuring international recognition of its copyright protections.
WIPO Copyright Treaty (WCT): Comoros acceded to the WCT on January 25, 2021, with the treaty entering into force on April 25, 2021.
Revised Bangui Agreement: Comoros became a member on May 25, 2013, aligning its copyright laws with regional standards set by OAPI.
RELATED Blog
0 comments