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Tuesday, October 22, 2013

Understanding the Modifications to the Copyright Laws - Law - Intellectual Property

The Moroccan Copyright Law ensures moral and economic protection of all literary and artistic works. To get this protection, the work must qualify in two regards - it must have a material form and it must have originality. Some of the works within the reach of this law are written works, dramatic works, musical works, et al.

The original Copyright Law of Morocco underwent certain modifications in 2006. The objective was to make the national law at par with the international copyright laws. The Free Trade Agreement with the US was an important factor in bringing about this change. Another advantage of the changes was to prevent infringement and piracy.

The Bureau marocain du droit d'auteur (BMDA, i.e. the Moroccan Copyright Office) is the authority responsible for the implementation of the laws. The amended Law 34-05 changed the copyright details. The following modifications came into existence:

Modification 1: There was an extension in the economic rights protection for authors. It became 70 years from the death of the author while initially it was 50 years only.

Modification 2: The BMDA, the government and its units, like the customs department, got the authority for controlling and enforcing rights. This including stricter measure to curb the free circulation of illegal goods (suspected to be infringing copyrights).

Modification 3: The strengthening of legal protection against the bypassing of technological protection measures (TPMs). You may face civil and criminal charges on this ground. Some exceptions are cases involving non-profit entities, e.g. libraries, educational institutes, broadcasters, archives, etc.

Modification 4: Copyright infringement may result in severe penalties for an individual, including jail term, fines, seizure of goods, etc.

Modification 5: In order to curb infringement, the law introduces a new system of limited liability for service providers, like the Internet service provider.

By now, you must have understood that dealing with the copyright laws of the nation is a difficult task. The complex web of existing laws and modifications require proper understanding. If you are dealing with a similar issue, it is wise to get in touch with a Morocco copyright lawyer.

How do you find such a lawyer? The most convenient way is to go online and conduct a search. Don't go by the glossy ads; instead choose a copyright lawyer based on things like qualification, certification, specialization, experience and success rate. Always ask for an initial consultation before you appoint him/her for your case.





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