Copyrights Law in Gibraltar (BOT)
Here’s an overview of copyright law in Gibraltar (British Overseas Territory):
📚 Copyright Law in Gibraltar (BOT)
1. Governing Legislation
Copyright in Gibraltar is governed by the Copyright Act 2012, which came into force on December 1, 2012.
The Act modernized Gibraltar’s copyright law and brought it in line with the UK's Copyright, Designs and Patents Act 1988 and relevant EU Directives (before Brexit).
Administered by the Gibraltar Intellectual Property Office (GIPO), under the Ministry of Commerce.
2. Protected Works
The law protects original expressions of ideas, including:
Literary works (books, articles, software)
Artistic works (drawings, paintings, sculptures)
Musical works
Dramatic and choreographic works
Films and audiovisual works
Sound recordings
Broadcasts and cable programs
Typographical arrangements of published editions
3. Rights Granted
Economic rights:
Copying and reproduction
Distribution and sale
Public performance and broadcasting
Adaptation and translation
Moral rights:
Right of attribution (to be identified as the author)
Right to object to derogatory treatment of the work
4. Duration of Protection
Literary, dramatic, musical, artistic works:
Life of the author + 70 years
Sound recordings and films:
70 years from publication or creation (whichever is later)
Broadcasts:
50 years from first transmission
Typographical arrangements:
25 years from first publication
5. Registration
Not required for copyright protection (rights arise automatically).
No official registration system for copyright in Gibraltar.
Authors may use other means (e.g., notarization, timestamped copies) to prove ownership if needed.
6. International Treaties
As a British Overseas Territory, Gibraltar benefits from the UK's membership in:
Berne Convention
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement (through the UK’s WTO membership)
7. Enforcement
Infringement may be pursued through civil or criminal courts in Gibraltar.
Remedies include:
Injunctions
Damages
Account of profits
Seizure or destruction of infringing materials
Criminal fines and possible imprisonment for willful infringement
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Copyright Act 2012 |
| Administering Body | Gibraltar Intellectual Property Office (GIPO) |
| Duration | Life + 70 years (general); varies by work type |
| Registration | Not required or available |
| International Treaties | Berne, TRIPS, WIPO Treaties (via UK) |
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