Copyright and related rights in Morocco
The law relating to copyright and related rights goes back to 2000 (Dahir n° 1-00-20 of 9 Kaada 1420 (February,15 2000)) and has been amended in 2006 (Dahir n° 1-05-192 of 15 moharrem 1427 (February,14 2006)). Morocco is party to the Berne Convention (Paris Act, 1971), to the WIPO Convention, to the Brussels Convention and to the TRIPS Agreement. There is in Morocco a collective management body, the Moroccan Copyright Office (Bureau Marocain du Droit d’Auteur), a civil office placed under the wardship of the Ministry of Culture and Communication.
1. INTERNATIONAL INSTRUMENTS
Morocco is bound by the following instruments :
- Berne Convention (on literary and artistic works), since June 1917
- WIPO Convention, since July 1971.
- Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, since June 1983.
- TRIPS Agreement, since January 1995
2. NATIONAL LEGISLATION:
- Law n° 2-00 on copyright and related rights, as amended and completed by law n° 34-05
- Decree n° 2.64.406 of 5 Kaada 1384 (March, 8 1965) establishing the Moroccan Copyright Office.
National law regulation of cinematographic and audiovisual works
- authors (director, scenario-writer, composer of the music especially made for the film).The authors of existing adapted works are assimilated to the authors of the work.
- Authors’ rights:
- economic rights: reproduction right (permanent or temporary); right of adaptation and translation; distribution right; rental and lending right; public performance right; import right; broadcasting right; right of communication to the public by cable or any other means.
- moral rights: right to claim authorship; right to object modification.
- Performers' rights:
- economic rights: right of communication to the public; broadcasting right; reproduction right (permanent or temporary); distribution right ; rental and lending right; right of making available to the public; import right.
- Broadcasters' rights :
- economic rights: right to authorise the communication to the public, the fixation and re-broadcasting 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 by application of the law
- moral rights: not transferable inter vivos; transferable mortis causae by application of the law.
Existence of a presumtion of assignment of rights to the producer :
yes, for the authors.
Duration of rights:
- authors’ rights :
- economic rights: 70 years after lawful publication ; ; if no lawful publication has taken place within 50 years of the making, 70 years after communication to the public, if no lawful communication to the public has taken place within 50 years of the making, 70 years after the work is made.
- moral rights: perpetual
- performers’ rights : 70 years after lawful publication ; if no lawful publication has taken place within 50 years of the performance, 70 years after performance.
- broadcasters' rights: 70 years after lawful publication ; if no lawful publication has taken place within 50 years of the making, 70 years after making.
Infringements of rights punished by law :
- any infringement of rights protected by law (including authors’ moral rights)
- counterfeiting and piracy
- fraudulent import or export
- circumvention of technological measures ensuring the protection of works
- manufacturing and making available of any element designed for the purpose of enabling the circumvention of technological measures ensuring the protection of works
- unlawful decoding, reception and rebroadcasting of encoded signals carrying programs
- removal or alteration of rights-management information
- exploitation of work from which electronic rights-management information has been removed or altered
- encouragement to the violation of rights by service providers or direction or supervision by a person that benefits from the violation made by a third.
Proceedings and penalties:
- summary proceedings
- civil and penal actions
- imprisonment from 2 to 6 months (1 to 4 years in case of repetition of infringement within 5 years)
- prohibitory injunction
- suspension of putting into circulation
- forfeiture of goods linked with the illicit activity
- destruction of infringing copies 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
3. COMPETENT MINISTRY:
Ministry of Communication
10 rue Beni Mellal
Tel.: (212.37) 76.65.91
Fax: (212.37) 76.77.12
4. COLLECTIVE MANAGEMENT OF RIGHTS
Moroccan Copyright Office
6, Rue Mohamed Jazouli
Tel.: (212.37) 72.21.97
Fax: (212.37) 73.26.40
The Moroccan Copyright Office is a multi-disciplinary collective management body. It is established as a civil office placed under the wardship of the Ministry of Culture and Communication.
It has the monopoly on representation, collection and distribution of royalties.
It has the right to institute legal proceedings for the defense of the interests which are entrusted to him by its members and its mandators.
It manages the interests of various foreign collective management bodies on. the Moroccan territory.
5. USEFUL LINKS
Law text in Arab language: www.bmda.org.ma
International conventions: www.ompi.org, www.wto.org