- As a founding member of the WTO and in accordance with the provisions of the TRIPS Agreement, Macau has passed legislation for Copyright Protection, Decree Law No. 43/99/M for the Copyright Code, which came into force on 1 October 1999. The legislation is in compliance with the 1886 Berne Convention for Protection of Literary and Artistic Works, the 1952 Geneva Universal Copyright Convention and all subsequent updates to date. Additionally, in compliance with the TRIPS Agreement, Macau law protects computer software programs as literary works.
- As is the case in many other countries, Macau does not have a registration system for literary and artistic property. However, a high level of protection of copyright can be ensured by the existing law, which includes economic and personal rights.
- The protection granted by the Author’s Right Law presumes the manifestation of the work. In accordance with the Code, the following in particular are protected works provided they are original:
- Literary, journalistic, scientific and other writings, including computer programs.
- Lectures, speeches, addresses and sermons.
- Works of choreography or miming that are expressed in either written form or any other form.
- Musical compositions, with or without words.
- Cinematographic, television, video, and other audiovisual works.
- Works of drawing, tapestry, painting, sculpture, ceramics, glazing, engraving, lithography and architecture.
- Photographic works and works produced by processes analogous to photography.
- Works of applied art, industrial designs or models and designer works that constitute artistic creations.
- Maps and illustrations.
- Plans, sketches, and three-dimensional works relating to architecture, geography or other sciences.
- Parodies and other literary or musical compositions, even if inspired by the theme or subject of another piece of work.
- Databases and other compilations that are original in the arrangement of their subject matter or the selection of their contents.
The author’s rights is both automatic and prescriptive in the Macao SAR, as per stipulated in the Berne Convention. Whilst no registration formalities are required to obtain protection for works regardless of its disclosure, publication, use or economic exploitation, this same protection will, in accordance with the law, lapse mainly 50 years after the death of the creator of said works. This applies to posthumous disclosures or publications.
If the above information does not fully address questions you may have please do not hesitate to contact us.