Copyright and related rights in Algeria

The law relating to copyright and related rights goes back to 2003 (Ordinance n° 03-05 of 19 Joumada El Oula 1424, corresponding to July 19, 2003 relating to copyright and related rights). Algeria is party to the Berne Convention (Paris Act, 1971), to the Rome Convention and to the WIPO Convention. There is in Algeria a collective management body, the National Office for Copyright and Related Rights (ONDA – Office National du Droit d'Auteur et de Droits Voisins), a public-owned body placed under the supervision of the Ministry in charge of Culture.

1. INTERNATIONAL INSTRUMENTS

Algeria is bound by the following instruments:

  • Berne Convention (on literary and artistic works) since April 1998;
  • WIPO Convention, since April 1975;
  • Rome Convention since November 2006.

2. NATIONAL LEGISLATION

  • Ordinance n° 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 relating to copyright and related rights.
  • Executive decree n° 05-316 of 6 Chaâbane 1426, corresponding to September 10, 2005 and bearing composition, organisation and operation of the conciliation body charged to settle disputes relative to the use of works and performances managed by the National Office for copyright and related rights.
  • Executive decree n° 05-356 of 17 Chaâbane 1426 corresponding to September 21, 2005 bearing constitution, organisation and operation of the National Office for copyright and related rights.
  • Executive decree n° 05-357 of 17 Chaâbane 1426 corresponding to September 21, 2005 establishing formalities of declaration and control regarding the remuneration for private copying.
  • Executive decree n° 05-400 of 13 Ramadhan 1426 corresponding to October 16, 2005 relating to the communication of operating revenues for audiovisual works and to calculation of royalties.
  • Law 09-04 of August 5, 2009 establishing specific rules regarding prevention and fight against offences in the field of information and communication technologies
  • Executive decree n° 11-356 of October 17, 2011 amending Executive decree n° 05-356 of September 21, 2005 bearing constitution, organisation and operation of the National Office for copyright and related rights.

National law regulation of cinematographic and audiovisual works

Right holders:
  • authors (director, scenario-writer, adapter, dialogue writer, composer of the music especially made for the film, author of existing adapted works, cartoons designer);
  • performers;
  • producers of videograms;
  • broadcasters.
Protected rights:
  • Authors’ rights:
    • economic rights: reproduction right; right of adaptation and translation; distribution right ; rental right;
    • public performance right; broadcasting right; right of communication to the public by cable retransmission or other means; right of communication of a broadcast work in a public place; right of making available to the public.
    • moral rights : right to claim authorship; right to object modification; right of disclosure; right of withdrawal.
  • Performers’ rights:
    • economic rights: right of communication to the public; broadcasting right; fixation and reproduction right
    • moral rights: right to claim authorship; right to object modification.
  • Producers of videograms’ rights:
    • economic rights : right of reproduction and communication to the public by all means.
  • Broadcasters’ rights:
    • economic rights : right to authorise the communication to the public of their broadcasts, the fixation and rebroadcasting of their broadcasts as well as the reproduction of fixations of their broadcasts.
Assignability of rights:
  • authors’ rights:
    • economic rights : assignable inter vivos and mortis causae
    • moral rights : not transferable inter vivos; transferable mortis causae by application of the law
Existence of a presumption of assignment of rights to the producer :

yes, for authors and performers.

Duration of rights:
  • authors’ rights:
    • economic rights: 50 years after lawful publication; if no lawful publication has taken place within 50 years of the making, 50 years after communication to the public, if no lawful communication to the public has taken place within 50 years of the making, 50 years after the work is made.
    • moral rights: not specified
  • performers’ rights: 50 years after the fixation of the performance; if no fixation is made, 50 years after the performance.
  • producers of videograms’ rights: 50 years after videogram publication. Failing publication within 50 years after fixation, 50 years from fixation.
  • broadcasters’ rights: 50 years from broadcasting year.

Public domain is fee-paying.

Remuneration for private copying:

yes.

Infringements of rights punished by law:
  • any infringement of rights protected by law (including authors’ moral rights);
  • counterfeiting;
  • import or export of infringing copies;
  • putting into circulation, sale, rental of infringing copies;
  • unlawful disclosure and infringement of work or performance integrity;
  • infringements in relation with information and communication technologies.
Proceedings and penalties:
  • summary proceedings
  • civil and penal actions
  • imprisonment from 6 months to 3 years (double penalty in case of repetition of infringement)
  • fines
  • seizure
  • suspension of production and putting into circulation of infringing copies
  • seizure of receipts of unlawful exploitation
  • seizure or destruction of infringing objects and materials used for their production
  • final or temporary closure of establishment
  • delivery to the right holder
  • allocation of damages (material and moral prejudice)
  • publication of the judgment
  • supervision of electronic communications

3. COMPETENT MINISTRY

Ministry of Culture
Palais de la Culture
Plateau des Annassers
BP 100 Alger
Tel.: (213.21) 29.10.10
Fax: (213.21) 29.20.89
E-mail: contact@m-culture.gov.dz
www.m-culture.gov.dz

4. COLLECTIVE MANAGEMENT OF RIGHTS

Office National des Droits d'Auteur et des Droits Voisins (ONDA)
49, rue Hamla Abderrezak
Bologhine - Alger
Tel.: (213.21) 95.09.06
Fax: (213.21) 95.17.53
www.onda.dz

The National Office for Copyright and Related Rights (Office National des Droits d'Auteur et des Droits Voisins) is a multi-disciplinary collective management body. It is a public body placed under the wardship of the Ministry in charge of Communication and Culture. It has the monopoly on representation, collection and distribution of royalties. It manages the interests of various foreign collective management bodies on the Algerian territory.

5. USEFUL LINKS

Law text in Arab language: www.arabpip.org

International conventions: www.ompi.org, www.wto.org

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