IP Rights in Macao: The basics

• Pages: 4-11

A. Copyrights

WHAT are Copyrig hts?

Copyrights are rights that guarantee the owner exclusive uses

of literary and artistic works, sound and video recordings, radio

and TV broad casts, artistic p erformances and public spe ctacles.

Literary and artistic works are understood very broadly and

potentially include any creative texts (including computer

soware), images (photos, paintings, drawings, etc.), shapes

(for example, sculp tures), sounds (especially musical work s) and

compilations (for exam ple, databases).

Use of a literary or ar tistic work is also a ver y broad legal concept

that includes not only copying but also any form of public

exploitation of the work (translating, broadcasting, leasing to

the public, e xhibiting, etc.). Ind ustrial designs and design er works

can also be prot ected by copyright.

Copyrights in Macao: What you need to know

Copyrights in Macao are granted automatically by law to the

creators of literar y and artistic work s, performers, broadca sters,

producers of sound or video recordings and producers of

spectacle s, irrespective of any formalit y.

In case original wor k is created under an employm ent contract or in

the cours e of ful lli ng the o cial du ties, the owners hip of econo mic

rights must be d ecided according to the agreem ent in advance.

In principle, xation of the literar y or artistic work in a material

form (paper, canvas, stone, lm, etc.) is not required, however,

for copyright to subsist and be protected by the relevant laws,

the original work shall be reduced into a material and tangible

form of expression .

How LONG does legal protection in last?

As a general ru le, copyrights last the lifet ime of the creator plus

50 years. A few main exceptions should be taken into account

however:

Nature of workDuration of Copyright

Audio-visual works (for example,

movies) as well as copyrights

acquired by legal persons on

literary or artistic works

50 years aer publication of

the work

Applied arts works

(for example, designs)

25 years aer the making of

the work

Collective works50 years aer the rst

disclosure or publication

Artistic performances

(for example, a piano recital)

25 years aer the performance

is recorded in audio or video

Sound and video recordings

50 years aer the publication of

the recording or, in case there

is no publication, 50 years aer

the recording is made

Radio and TV broadcasts20 years aer the broadcast

All the above ex piry terms are calcula ted from the 1st of January

of the year that follows t he relevant event.

HOW do I register?

There is no registration. Literary and artistic works are

automatically protected by law once they are created and

expressed in any form (for example, publication of a text,

exhibition of an image, broadcast of a movie, live performance

of a song, etc). Radio and TV broadcasts are protected once

they start. Sound and video recordings are protected once the

recording is made. Artistic performances are protected once the

performance ha ppens or is recorded.

3. IP Rights in MACAO: THE BASICS

IP Factsheet: Macao

4