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The Myanmar Copyright Act
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Copyright Act
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THE MYANMAR COPYRIGHT ACT
(24 th February, 1914.)
CHAPTER I.
Preliminary
1. The Copyright Act as set out in the First Schedule and with``the
modiIications set out herein shall apply to the Union oI Myanmar.
2. In this Act, unless there is anything repugnant in the subject`or
context,
(1) the Copyright Act` means the Act oI |Parliament oI the United
Kingdom oI Great Britain and Ireland| entitled the Copyright
Act, 1911 : and
(2) words and expressions deIined in the Copyright Act have the
same, meanings as in that Act.
CHAPTER II.
Construction and Modification of the Copyright Act.
3. In the application to the Union OI Myanmar oI the Copyright Act`(a
copy oI which Act, except such oI the provisions thereoI as are expressly
restricted to the United Kingdom, is set out in the First Schedule), the
Iollowing modiIications shall be made, namely:
(1) the powers oI the Board oI Trade under section 3 shall, in the
case oI works published in the Union oI Myanmar, be
exercised by the President oI the Union;
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(First Schedule)
The Copyright Act`
The Copyright Act. 1911`)
The Copyright Act
The Copyright Act
(First Sched-
ule)
(Board oI Trade)
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(2) the powers oI the Board oI Trade under section 19 shall, as
regards records, perIorated rolls and other contrivances, the
original plate oI which was made in the Union oI Myanmar, be
exercised by the President oI the Union ; and the conIirmation`oI
|Parliament oI the United Kingdom oI Great Britain and Ireland|
shall not be necessary to the exercise oI any oI these powers;
(3) the reIerences in section 19, sub-section (4) and in section 24,
sub-section (1), to arbitration shall be read as reIerences to
arbitration in accordance with the law Ior the time being in Iorce
in that part oI the Union oI Myanmar in which the dispute occurs;
(4) As regards works the authors whereoI were at the time oI the
making oI the works resident in the Union oI Myanmar, and as
regards works Iirst published in the Union oI Myanmar, the
reIerence in section 22 to the Patents and Designs Act, 1907,
shall be construed as a reIerence to | the Myanmar Patents and
Designs Act, 1945.| and the reIerence in the said section to
section 86 oI the Patents and Designs Act, 1907, shall be
construed as a reIerence |section 91| oI |the Myanmar Patents
and Designs Act, 1945|:
(5) as regards work Iirst published in the Union oI Myanmar, the
reIerence in section 24, sub-section (1), proviso (a) , to the Lon-
don Gazette and two London newspaper shall be construed as`a
reIerence to the Gazette and two newspapers published in the
Union oI Myanmar; and the reIerence in proviso (b) oI the same
sub-section oI the same section to the 26th day oI July, 1910,
shall, as regards works the authors whereoI were at the time oI
the making oI the works resident in the Union oI Myanmar, and
as regards works Iirst published in the Union oI Myanmar, be
construed as a reIerence to the 30th day oI October, 1912.
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(Board oI Trade)
(Arbitration Law)
(Patent and Design Act 1907
Myanmar Patent and Design Act.
1945
(Myanmar Patent & Design Act 1945)
London Gazette London Newspaper
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4. (1) In the case oI works Iirst published in the Union oI Myanmar,
copyright shall be subject to this limitation that the sole right`to
produce, reproduce, perIorm or publish a translation oI the`work
shall subsist only Ior a period oI ten years Irom the date oI``the
Iirst``publication oI the work:
Provided that iI within the said period the author, or any person``to
whom he has granted permission so to do, publishes a translation oI
any such work in any language, copyright in such work as regards the
sole right to produce, reproduce, perIorm or publish a translation in
that language shall not be subject to the limitation prescribed in this
sub-section.
(2) For the purposes oI sub-section (1) the expression author`
includes the legal representative oI a deceased author.
5. In the application oI the Copyright Act to musical works the authors
whereoI were at the time oI the making oI the works resident`in`the
Union`oI Myanmar,`or to musical works Iirst published in the`Union`oI
Myanmar the`term`musical`work`` shall, save`as`otherwise``expressly
provided by the Copyright Act mean any combination oI melody and
harmony, or either oI them, which has been reduced to writing.`
6. (1) Copies made out oI the Union oI Myanmar oI any work in which
copyright subsists which iI made in the Union oI Myanmar
would inIringe copyright, and as to which the owner oI the copy-
right gives notices in writing by himselI or his agent to the ChieI
Customs oIIicers, as deIined in the Sea Customs Act, that he is
desirous that such copies should not be imported into the Union
oI Myanmar, shall not be a imported, and shall, subject to the
provisions oI this section, be deemed to be prohibited imports
within the meaning oI section 10 oI the Sea Customs Act.
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(Musical Works)
Copyright Act
Copyright Act
(Copy) Copyright Act
(Copy)
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(2) BeIore detaining any such copies, or taking any Iurther proceed-
ings with a view to the conIiscation thereoI, such ChieI Customs
oIIicer, or any other oIIicer appointed by the ChieI Customs
authority in this behalI, may require the regulation under this
section, whether as inIormation, security, conditions or other
matters, to be complied with, and may satisIy himselI, in
accordance with these regulations, that the copies are such as`are
prohibited by this section to be imported.
(3) The President oI the Union may, by notiIication in the Gazette,
make regulations, either general or special, respecting the deten-
tion and conIiscation oI copies the importation oI which is pro-
hibited by this section, and the conditions, iI any, to be IulIilled
beIore such detention and conIiscation; and may, by such regu-
lations, determine the inIormation, notices and security to be
given, and the evidence requisite Ior any oI the purposes oI this
section, and the mode oI veriIication oI such evidence.
(4) Such regulations may apply to copies oI all works the importa-
tion oI copies oI which is prohibited by this section or diIIerent
regulations may be made respecting diIIerent classes oI such
works.
(5) The regulations may provide Ior the inIormant re-imbursing the
Government all expenses and damages incurred in respect oI
any detention made on his inIormation, and oI any proceedings
consequent on such detention. | * * * * |
(6) This section shall have eIIect as the necessary modiIication oI
section 14 oI the Copyright Act.
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(Copy)
(Copy)
(Copy)
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CHAPTER III
Penalties.
7. II any person knowingly
(a) makes Ior sale or hire any inIringing copy oI a work in which
copyright subsists; or
(b) sells or lets Ior hire, or by way oI trade exposes or oIIers Ior sale
or hire, any inIringing copy oI nay such work ; or
(c) distributes inIringing copies oI any such work, either Ior the
purposes oI trade or to such an extent as to aIIect prejudicially
the owner oI the copyright; or
(d) by way oI trade exhibits in public any inIringing copy oI any
such work ; or
(e) imports Ior sale or hire into the Union oI Myanmar any inIring-
ing copy oI any such work;
he shall be punishable with Iine which may extend to twenty kyats Ior
every copy dealt with in contravention oI this section, but not
exceeding Iive hundred kyats in respect oI the same transaction.
8. II any person knowingly makes, or has in his possession, any plate`Ior
the purpose oI making inIringing copies oI any work in which`copy-
right subsists, or knowingly and Ior his private proIit causes any such
work to be perIormed in public without the consent oI the owner oI`the
copyright, he shall be punishable with Iine which may extend to Iive
hundred kyats.
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9. II any person, aIter having been previously convicted oI an oIIence
punishable under section 7 or section 8, is subsequently convicted oI
an oIIence punishable under either oI those sections, he shall be puni-
shable with simple imprisonment which may extend to one month,`or
with Iine which may extend to one thousand kyats or with both.
10. (1) The court beIore with any oIIence under this Chapter is tired
may, whether the alleged oIIender is convicted or not, order`that
all copies oI the work or all plates in the possession oI the alleged
oIIender, which appear to it to be inIringing copies, or plates Ior
the purpose oI making inIringing copies, be destroyed or deliv-
ered up to the owner oI the copyright, or otherwise dealt with as
the Court may think Iit.
(2) Any person aIIected by an order sub-section (1) may,
within thirty days oI the date oI such order, appeal to the Court
to which appeals Irom the Court making the order ordinarily lie;
and such appellate Court may direct that execution oI the order
be stayed pending consideration oI the appeal.
11. No Court inIerior to that oI a Magistrate oI the Iirst class shall try any
oIIence against this Act.
12. The provisions oI this Chapter shall not apply to any case to which
section 9 oI the Copyright Act, regarding the restrictions on remedies
in the case oI a work oI architecture, applies.
CHAPTER IV
Miscellaneous
13. Every suit or other civil proceeding regarding inIringement oI copy-
right shall be instituted and tried in the High Court or the Court oI the
District Judge.
14. * * * *
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(Architecture)
a.,
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COPYRIGHT ACT, 1911.
PART I.
Imperial Copyright.

Sections,
1. Copyright.
2. InIringement oI copyright.
3. Term oI copyright.
4. Compulsory licences,
5. Ownership oI copyright, etc.
Civil Remedies.
6. Civil remedies Ior inIringement oI copyright.
7. Rights oI owner against persons possessing or dealing with inIringing
copies, etc.
8. Exemption on remedies inIringer Irom liability to pay damages,`etc.
9. Restriction on remedies in the case oI architecture.
10. Limitation oI actions.
* * * *
Importation of Copies.
14. Importation oI copies.
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Delivery of Books to Government.
15. Delivery oI copies to Government and other persons.
Special Provisions as to certain Works.
16. Works oI joint authors.
17. Posthumous works.
18. Provisions as to Government publications
19. Provisions as to mechanical instruments.
20. Provisions as to political speeches.
21. Provisions as to photographs.
22. Provisions as to designs.
23. Works oI Ioreign authors Iirst published in the Union oI Myanmar.
24. Existing works.
25-30. * * * *
PART III
Supplemental Provisions.
31. Abrogation oI common law rights.
32-34. * * * *
35. Interpretation.
36-37. * * * *
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SCHEDULES.
An Act to amend and consolidate
the law relating to Copyright.
(16th December, 1911.|
PART I.
Imperial Copyright.
Rights
1. (1) Subject to the provisions oI this Act, copyright shall subject Ior
the term hereinaIter mentioned in every original literary, dra-
matic, musical and artistic work, iI
(a) in the case oI a published work, the work was Iirst pub-
lished within the Union oI Myanmar; and
(b) in the case oI an unpublished work, the author was at the
date oI the making oI the work a citizen oI the Union or
resident within the Union oI Myanmar;
but in no works, excepts so Iar as the protection conIerred by this
Act is extended by notiIication by the President oI the Union oI
Ioreign countries.
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(2) For the purposes oI this Act, copyright` means the sole right to
produce or reporduce the work or any substantial part thereoI`in
any material Iorm whatsoever, to perIorm, or in the case oI a
lecture to deliver, the work or any substantial part thereoI in
public; iI the work is unpublished, to publish the work or any
substantial part thereoI; and shall include the sole right
(a) to produce, reproduce, perIorm, or publish any translation
oI the work;
(b) in the case oI a dramatic work, to convert it into a novel`or
other non-dramatic work;
(c) in the case oI a novel or other non-dramatic work, or oI``an
artistic work, to convert it into a dramatic work, by way``oI
perIormance in public or otherwise;
(d) in the case oI a literary, dramatic or musical work, to make
any record, perIorated roll, cinematograph Iilm, or other
contrivance by means oI which the work may be mechani-
cally perIormed or delivered;
and to authorize any such acts as aIoresaid.
(3) For the purposes oI this Act, publication, in relation to any work,
means the issue oI copies oI the work to the public, and does`not
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include the perIormance in public oI a dramatic or musical work,
the delivery in public oI a lecture, the exhibition in public oI`an
artistic work, or the construction oI an architectural work oI art,
but Ior the purposes oI this provision, the issue oI photographs
and engravings oI works oI sculpture and architectural works oI
art shall not be deemed to be publication oI such works.
2.(1) Copyright in a work shall be deemed to be inIringed by any
person who, without the consent oI the owner oI the copyright,
does anything the sole right to do which is by this Act conIerred
on the owner oI the copyright: Provided that the Iollowing acts
shall not constitute an inIringement oI copyright:
(i) Any Iair with any work Ior the purposes oI private
study, research, criticism, review, or newspaper summary.
(ii) Where the author oI an artistic work is not the owner oI`the
copyright therein, the use by the author oI any mould, cast,
sketch, plan, model, or study made by him Ior the purpose
oI the work, provided that he does not thereby repeat or
imitate the main design oI that work:
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(iii) The making or publishing oI paintings, drawings, engrav-
ings or photographs oI a work oI sculpture or artistic
craItsmanship, iI permanently situate in a public place or
building or the making or publishing oI paintings, draw-
ings, engravings or photo-graphs (which are not in the
nature oI architectural drawing or plans) oI any architec-
tural work oI art:
(iv) The publication in a collection, mainly composed oI non-
copyright matter, bona fiae intended Ior the use oI schools,
and so described in the title and in any advertisements
issued by the publisher, oI short passages Irom published
literary works not themselves published Ior the use oI
schools in which copyright subsists: Provided that not more
that two oI such passages Irom works by the same author
are published by the same publisher within Iive years, and
that the source Irom which such passages are taken is
acknowledged:
(v) The publication in a newspaper oI a report oI a lecture
delivered in public, unless the report is prohibited by
conspicuous written or printed notice aIIixed beIore and
maintained during the lecture at or about the main entrance
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oI the building in which the lecture is given, and except
whilst the building is being used Ior public worship, in``a
position near the lecturer: but nothing in this paragraph
shall aIIect the provisions in paragraph (i) as to newspaper
summaries.
(vi) The reading or recitation in public by one person oI any
reasonable extract Irom any published work.
(2) Copyright in a work shall also be deemed to be inIringed by any
person who
(a) sells or lets Ior hire, or by way oI trade exposes oI oIIers Ior
sale or hire, or
(b) distributes either Ior the purposes oI trade or to such an
extent as to aIIect prejudicially the owner oI the copyright,
or
(c) by way oI trade exhibits in public or
(d) imports Ior sale or hire | * * *|
any work which to his knowledge inIriges copyright or would
inIringe copyright iI it had been made within the Union oI Myanmar
in or into which the sale or hiring, exposure, oIIering Ior sale or hire,
distribution exhibition, or importation took place.
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(3) Copyright in work shall also be deemed to be inIringed by any
person who Ior his private proIit permits a theatre or other place
oI entertainment to be used Ior the perIormance in public oI the
work without the consent oI the owner oI the copyright, unless
he was not aware, and had no reasonable groung Ior suspecting,
that the perIormance would be an inIringement oI copyright.
3. The term Ior which copyright shall subsist shall, except as otherwise
expressly provied by this Act, be the liIe oI the author and a period`oI
IiIty years aIter his death:
Provided that at any time aIter the expiration oI twenty - Iive
year, or in the case oI a work in which copyright subsists at the
passing oI this Act, thirty years, Irom the death oI the author oI a
published work, copyright in the work shall not be deemed to be
inIringed by the reproduction oI the work Ior sale iI the person
reproducing the work proves that he has given the prescribed notice
in writing oI his intention to reproduce the work, and that he has`paid
in the prescribed manner to, or Ior the beneIit oI, the owner oI the
copyright royalties in respect oI all copies oI the work sold by him
calculated at the rate oI the ten per cent, on the price at which he
published the work; and, Ior the purposes oI this proviso, the Board`oI
Trade may make regulations prescribing the mode in which notices
are to be given, and the particulars to be given in such notices, and`the
mode, time, and Irequency, oI the payment oI royalties, including`(iI
the think Iit) regulation requiring payment in advance or otherwise
securing the payment oI royalties.
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4. II, at any time aIter the death oI the author oI a literary, dramatic`or
musical work which has been published or perIormed in public,`a
complaint is made to |the Supreme Court| that the owner oI the copy-
right in the work has reIused to republish or to allow the republication
oI the work or has reIused to allow the perIormance in the public`oI
the work, and that by reason oI such reIusal the work is withheld`Irom
the public, the owner oI the copyright may be ordered to grant a
licence to reproduce the work or perIorm the work in public, as the
case may be, on such terms and subject to such conditions as |the
Supreme Court| may think Iit.
5. (1) Subject to the provisions oI this Act, the author oI a work shall
be the Iirst owner oI the copyright therein:
Provided that
(a) where, in the case oI an engraving, photograph, or portrait,
the plate or other original was ordered by some other per-
son and was made Ior valuable consideration in pursuance
oI that order, then, in the absence oI any agreement to the
contrary, the person by whom such plate or other original
was ordered shall be the Iirst owner oI the copyright;
(b) where the author was in the employment oI some other
person under a contract oI service or apprenticeship and
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the work was made in the course oI his employment by that
person, the person by whom the author was employed shall,
in the absence oI any agreement to the contrary, be the Iirst
owner oI the copyright, but where the work is an article or
other contribution to a newspaper, magazine or similar
periodical, there shall, in the absence oI any agreement to the
contrary, be deemed to be reserved to the author a right
to``restrain the publication oI the work, otherwise than as
part oI a newspaper, magazine, or similar periodical.
(2) The owner oI the copyright in any work may assign the right,
either wholly or partially, and either generally or subject to limi-
tations |to the Government|, and either Ior the whole term oI the
copyright or Ior any part thereoI, and may grant any interest`in
the right by licence, but no such assignment or grant shall`be
valid unless it is in writing signed by the owner oI the right`in
respect oI which the assignment or grant is made, or by his
duly authorized agent:
Provided that, where author oI a work is the Iirst owner oI the
copyright therein, no assignment oI the copyright, and no grant oI any
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interest therein made by him (otherwise than by will) aIter the passing
oI this Act, Shall be operative to vest in the assignee or grantee any
rights with respect to the copyright in the work beyond the expiration
oI twenty-Iive years Irom the death oI the author, and the reversionary
interest in the copyright expectant on the termination oI that period
shall, on the death oI the author, notwithstanding any agreement to the
contrary, devolve on his legal personal representatives as part oI his
estate, and any agreement entered into by him as to the disposition oI
such reversionary interest shall be null and vied, but nothing in this
proviso shall be construed as applying to the assignment oI the copy-
right in a collective work or a licence to publish a work or part oI a
work as part oI a collective work.
(3) Where, under any partial assignment oI copyright, the assignee
becomes entitled to any right comprised in copyright, the
assignee, as respects the rights so assigned, and the assignor, as
respects the rights not assigned, shall be treated Ior the purposes
oI this Act as the owner oI the copyright, and the provisions oI
this Act shall have eIIect accordingly.
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Civil Remedies
6. (1) Where copyright in any work has been inIringed, the owner oI
the copyright shall, expect as otherwise provided by this Act, be
entitled to all such remedies by way oI injunction or interdict,
damages, accounts, and otherwise, as are or may be conIerred by
law Ior the inIringement oI a right.
(2) The costs oI all parties in any proceedings in respect oI the
inIringement oI copyright shall be in the absolute discretion`oI
the Court.
(3) In any action Ior inIringement oI copyright in any work, the
work shall be presumed to be a work in which copyright subsists
and the plaintiII shall be precumed to be the owner oI the`copy-
right, unless the deIendant puts in issue the existence oI the
copyright, or as the case may be, the title oI the plaintiII, and
where any such question is in issue, then
(a) iI a name purporting to be oI the author oI the work is
printed or otherwise indicated thereon in the usual manner,
the person whose name is so printed or indicated shall,
unless the contrary is proved, be presumed to be the author
oI the work;
(b) iI no name is so printed or indicated, or iI the name so`prin-
ted or indicated is not the author`s true name or the name
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by which he is commonly known, and a name purporting
to be that oI the publisher or proprietor oI the work is
printed or otherwise indicated thereon in the usual manner,
the person whose name is so printed or indicated shall,
unless the contrary is proved, be presumed to be the owner
oI the copyright in the work Ior the purposes oI proceed-
ings in respect oI the inIringement oI copyright therein.
7. All inIringing copies oI any work in which copyright subsists, or oI
any substantial part thereoI, and all plates used or intended to be`used
Ior the production oI such inIringing copies, shall be deemed to be`the
property oI the owner oI the copyright, who according may take
proceedings Ior the recovery oI the possession there oI or in respect`oI
the conversion thereoI.
8. Where proceedings are take in respect oI the inIringement oI the
copyright in any work and the deIendant in his deIence alleges that`he
was not aware oI the existence oI the copyright in the work, the plain-
tiII shall not be entitled to any remedy other than an injunction or
interdict in respect oI the inIringement iI the deIendant proves that`at
the date oI the inIringement he was not ware, and had not reasonable
ground Ior suspecting, that copyright subsisted in the work.
9.(1) Where the construction oI a building or other structure which
inIringes or which, iI completed, would inIringe the copyright`in
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some other work has been commenced, the owner oI the copy-
right shall not be entitled to obtain an injunction or interdict to
restrain the construction oI such building or structure or to order
its demolition
(2) Such oI the other provisions oI this Act as provide that an
inIringing copy oI a work shall be deemed to be the property`oI
the owner oI the copyright, or as impose summary penalties,
shall not apply in any case to which this section applies.
10. An action in respect oI inIringement oI copyright shall not be com-
menced aIter the expiration oI three years next aIter the`inIringement.
11. * * * *
12. * * * *
13. * * * *
Importation of Copies
14. (1) Copies made out oI the United Kingdom oI any work in which
copyright subsists which iI made in the United Kingdom would
inIringe copyright, and as to which the owner oI the copyright
gives notice in writing by himselI or his agent to the Commis-
sioners oI Customs and Excise that he is desirous that such
copies should not be imported into the United Kingdom, shall
not be so imported, and shall, subject to the provisions oI this
section, be deemed to be included in the table oI prohibitions`and
restrictions contained in section 42 oI the Customs Consolida-
tion Act, 1876, and that section shall apply accordingly.
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(2) BeIore detaining any such copies or taking any Iurther proceed-
ings with a view to the IorIeiture thereoI under the law relating
to the Customs, the Commissioners oI Customs and Excise may
require the regulations under this section, whether as to inIorma-
tion, conditions, or other matters, to be complied with, and may
satisIy themselves in accordance with those regulations that the
copies are such as are prohibited by this section to be imported.
(3) The Commissioners oI Customs and Excise may make regula-
tions, either general or special, respecting the detention and
IorIeiture oI copies the importation oI which is prohibited by`this
section, and the conditions, iI any, to be IulIilled beIore such
detention and IorIeiture, and may, by such regulations, deter-
mine the inIormation, notices, and security to be given, and`the
evidence requisite Ior any oI the purposes oI this section, and the
mode oI veriIication oI such evidence.
(4) The regulations may apply to copies oI all works the importation
oI copies oI which is prohibited by this section, or diIIerent
regulations may be made respecting diIIerent classes oI such
works.
(5) The regulations may provide Ior the inIormant reimbursing the
Commissioners oI Customs and Excise all expenses and dam-
ages incurred in respect oI any detention made on his inIorma-
tion and oI any proceedings consequent on such detention; and
may provide Ior notices under any enactment repealed by this
Act being treated as notices given under this section;
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(6) The Ioregoing provisions oI this section shall have eIIect as`iI
they were part oI the Customs Consolidation Act, 1876: Pro-
vided that, notwithstanding anything in that Act, the Isle oI Man
shall not be treated as part to the United Kingdom Ior the
purposes oI this section.
(7) This section shall, with the necessary modiIications, apply to`the
importation into a British possession to which this Act extends
oI copies oI works made out oI that possession/
Delivery of Books to Government
15. (1) The publisher oI every book published in the |Union oI Myanmar|
shall, within one month aIter the publication, deliver, at his own
expense, a copy oI the book to the |Government|, who shall`give
a written receipt Ior it.
(2) He shall also, iI written demand is made beIore the expiration`oI
twelve months aIter publication, deliver within one month aIter
receipt oI that written demand or, iI the demand was made`beIore
publication, within one month aIter publication, |to some person
named in the demand one or more copies oI the book but so`as
not to exceed Iive in number in any case`| In the case oI an
encyclopaedia, newspaper, review, magazine, or work pub-
lished in a series oI numbers or parts, the written demand may
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include all numbers or parts oI the work which may be subse-
quently published.
(3) The copy delivered to the |Government| shall be a copy oI the
whole book with all maps and illustrations belonging thereto
Iinished and coloured in the same manner as the best copies`oI
the book are published, and shall be bound, sewed, or stitched
together, and on the best paper on which the book is printed.
(4) The copy delivered |in pursuance oI sub-section (2) shall be on
the paper on which the largest number oI copies oI the book`is
printed Ior sale, and shall be in the like conditions as the books
prepared Ior sale.
(5) * * * *
(6) II a publisher Iails to comply with this section, he shall be liable
on summary conviction to a Iine not exceeding IiIty kyats and
the value oI the book, and the Iine shall be paid to the trustees or
authority to whom the book ought to have been delivered.
(7) For the purposes oI this section, the expression book` includes
every part or division oI a book, pamphlet, sheet oI letter-press,
sheet oI music, map, plan, chart or table separately published,
but shall not include any second or subsequent edition oI a`book
unless such edition contains additions oI alterations either in`the
letter-press or in the maps, prints, or other engraving be longing
thereto.
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Special Provision as to certain Works
16. (1) In the case oI a work oI joint authorship, copyright shall subsist
during the liIe oI the author who Iirst dies and Ior a term oI`IiIty
years aIter his death, or during the liIe oI the author who dies last,
whichever period is the longer, and reIerences in this Act to``the
period aIter the expiration oI any speciIied number oI years Irom
the death oI the author shall be construed as reIerences to the
period aIter the expiration oI the like number oI years Irom`the
death oI the author who dies Iirst or aIter the death oI the author
who dies last, whichever period may be the shorter, and in the
provisions oI this Act with respect to the grant oI compulsory
licences a reIerence to the date oI the death oI the author who`dies
last shall be substituted Ior the reIerence to the date oI the death
oI the author.
(2) Where, in the case oI a work oI joint authorship, some one`or
more oI the joint authors do not satisIy the conditions conIerring
copyright laid down by this Act, the work shall be treated Ior`the
purposes oI this Act as iI the other author or authors had`been`the
sole author or authors thereoI:
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Provided that the term oI the copyright shall be the same as it would
have been iI all the authors had satisIied such conditions as aIoresaid.
(3) For the purposes oI this Act, a work oI joint authorship` means
a work produced by the collaboration oI two or more authors`in
which the contribution oI one author is not distinct Irom the
contribution oI the other or authors.
(4) Where a married woman and her husband are joint authors oI`a
work the interest oI such married woman therein shall be her
separate property.
17.(1) In the case oI a literary, dramatic or musical work, or an
engraving, in which copyright subsists at the date oI the death`oI
the author, or in the case oI a work oI joint authorship at or
immediately beIore the date oI the death oI the author who dies
last, but which has not been published, nor, in the case oI a dra-
matic or musical work, been perIormed in public nor, in the case
oI a lecture, been delivered in public, beIore that date, copyright
shall subsist till publication, or perIormance or deliver in public,
whichever may Iirst happen, and Ior a term oI IiIty years there
aIter, and the proviso to section 3 oI this Act shall, in the case`oI
such a work, apply as iI the author had died at the date oI such
publication or perIormance or delivery in public as aIoresaid.
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(2) The ownership oI an author`s manuscript aIter his death, where
such ownership has been acquired under a testamentary disposi-
tion made by the author and the manuscript is oI a work which
has not been published nor perIormed in public nor delivered in
public, shall beprima facie prooI` oI the copyright being with the
owner oI the manuscript.
18. Without prejudice to any rights or privileges oI the Government
where any work has, whether beIore or aIter the commencement`oI
this Act, been prepared by or published by or under the direction`or
control oI | * * | any Government department, the copyright in the
work shall, subject to any agreement with the author, belong to`the
|Government,| and in such case shall continue Ior a period oI IiIty
years Irom the date oI the Iirst publication oI the work.
19. (1) Copyright shall subjects in records, perIorated rolls, and other
contrivances by means oI which sounds may be mechanically
reproduced, in like manner as iI such contrivances were `musical
works, but the term oI copyright shall be IiIty years Irom the
making oI the original plate Irom which the contrivance was
directly or indirectly derived, and the person who was the owner
oI such original plate at the time when such plate was made shall
be deemed to be the author oI the work, and, where such owner
is a body corporate, the body corporate shall be deemed Ior`the
purposes oI this Act to reside within the |Union oI Myanmar`iI
it has established a place oI business within the Union.|
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(2) It shall not be deemed to be an inIringement oI copyright in any
musical work Ior any person to make, |within the Union oI
Myanmar|, records, perIorated rolls or other contrivances by
means oI which the work may be mechanically perIormed, iI
such person proves
(a) that such contrivances have previously been made by, or
with the consent or acquiescence oI, the owner oI the copy-
right in the work; and
(b) that he has given the prescribed notice oI his intention to
make the contrivances, and has paid in the prescribed
manner to, or Ior the beneIit oI, the owner oI the copyright
in the work royalties in respect oI all such contrivances
sold by him, calculated at the rate hereinaIter mentioned;
Provided that
(i) nothing in this provision shall authorize any alterations in,
or omissions Irom, the work reproduced, unless contriv-
ances reproducing the work subject to similar alterations
and omissions have been previously made by, or with the
consent or acquiescence oI, the owner oI the copyright, or
unless such alterations or omissions are reasonably neces-
sary Ior the adaptation oI the work to the contrivances
in question; and
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(i) Ior the purposes oI this provision, a musical work shall be
deemed to include any words so closely associated there-
with as to Iorm part oI the same work, but shall not be
deemed to include a contrivance by means oI which sounds
may be mechanically reproduced.
(3) The rate at which such royalties as aIoresaid are to be calculated
shall
(a) in the case oI contrivances sold within two year aIter the
commencenent oI this act by the person making the same,
be two and one-halI per cent, and
(b) in the case oI contrivances sold as aIoresaid aIter the
expiration oI that period, be Iive per cent.,
on the ordinary retail selling price oI the contrivance calculated
in the prescribed manner, so however that the royalty payable in
respect oI a contrivance shall in no case be less than a IiIty pyas Ior
each separate musical work in which copyright subsists reproduced
thereon, and where the royalty calculated as aIoresaid includes a
Iraction oI a Iarthing, such Iraction shall be reckoned as a Iarthing.
Provided that iI at any time aIter the expiration oI seven years
Irom the commencement oI this Act, it appears to the Board oI Trade
that such rate as aIoresaid is no longer equitable, the Board oI Trade
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may, aIter holding a public inquiry, make an order either decreasing
or increasing that rate to such extent as under the circumstance may
seem just, but any order so made shall be provisional only and shall
not have any eIIect unless and until conIirmed by Parliament; but
where an order revising the rate has been so made and conIirmed, no
Iurther revision shall be made beIore the expiration oI Iourteen years
Irom the date oI the last revision.
(4) II any such contrivance is made reproducing two or more
diIIerent works in which copyright subsists and the owners oI
the copyright therein are diIIerent persons, the sums payable`by
way oI royalties under this section shall be apportioned amongst
the several owners oI the copyright in such proportions as,
Iailing agreement, may be determined by arbitraion.
(5) When any such contrivances by means oI which a musical work
may be mechanically perIormed have been made, then Ior the
purposes oI this section, the owner oI the copyright in the work
shall, in relation to any person who makes the prescribed
inquiries, be deemed to have given his consent to the making`oI
such contrivances iI he Iails to reply to such inquiries within`the
prescribed time.
(6) For the purposes oI this section, the Board oI Trade may make
regulations prescribing anything which under this section is to
be prescribed, and prescribing the mode in which notices are`to
be given and the particulars to be given in such notices, and`the
mode, time, and Irequency oI the payment oI royalties, and any
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such regulations may, iI the Board think Iit, include regulations
requiring payment in advance or otherwise securing the pay-
ment oI royatties.
(7) In the case oI musical works published beIore the commence-
ment oI this Act, the Ioregoing provisions shall have eIIect
subject to the Iollowing modiIications and additions
(a) The conditions as to the previous making by, or with the
consent or acquiescence oI the owner oI the copyright in
the work, and the restrictions as to alterations in or
omissions Irom the work shall not apply:
(b) The rate oI two and one halI per cent, shall be substituted
Ior the rate oI Iive per cent, as the rate at which royalties`are
to be calculated, but no royalties shall be payable in respect
oI contrivances sold beIore the 1st day oI July, 1913, iI
contrivances reproducing the same work had been law-
Iully made, or placed on sale, |within the Union oI
Myanmar| beIore the 1st day oI july, 1910:
(c) Notwithstanding any assignment made beIore the passing
oI this Act oI the copyright in a musical work, any rights
conIerred by this Act in respect oI the making, or author-
izing the making oI contrivances by means oI which the
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work may be mechanically perIormed shall belong to the
author or his legal personal representatives and not to the
assignees, and the royalties aIoresaid shall be payable to,
and Ior the beneIit oI, the author oI the work or his legal
personal representatives:
(d) The saving contained in this Act oI the rights and interests
arising Irom, or in connection with, action taken beIore the
commencement oI this Act shall not be construed as
authorizing any person who has made contrivances by
means oI which the work may be mechanically perIormed
to sell any such contrivances, whether made beIore or aIter
the passing oI this Act except on the terms and subject`to
the conditions laid sown in this section:
(e) * * * *
(8) Notwithstanding anything in this Act, where a record, perIo-
rated roll, or other contrivance by means oI which sounds may
be mechanically reproduced has been made beIore the com-
mencement oI this Act, copyright shall, as Irom the commence-
ment oI this Act, subsist there in like manner and Ior the like``term
as iI this Act had been in Iorce at the date oI the making oI`the
original plate Irom which the contrivance was directly or indi-
rectly derived:
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Provided that
(i) the person who, at the commencement oI this Act, is the
owner do such original plate shall be the Iirst owner oI such
copyright; and
(ii) nothing in this provision shall be construed as conIerring
copyright in any such contrivance iI the making thereoI
would have inIringed copyright in some other such con-
trivance, iI this provision had been in Iorce at the time oI
the making oI the Iirst-mentioned contrivance.
20. Nowithstanding anything in this Act, it shall not be an inIringement
oI copyright in an address oI a political nature delivered at a public
meeting to publish a report thereoI in a newspaper.
21. The term Ior which copyright shall subsist in photographs shall be
IiIty years Irom making oI the original negative Irom which the
photograph as directly or indirectly derived, and the person who`was
owner oI such negative at the time when such negative was made shall
be deemed to be the author oI the work, and, where such owner is a
body corporate the body corporate shall be deemed Ior the purposes
oI this Act to reside within |the Union oI Myanmar iI it has established
a place oI business within the Union|.
22. (1) This shall not apply to designs capable oI being registered
under the Patents and Designs Act, 1907, except designs which,
though capable oI being so registered, are not used or intended
to be use as models oI patterns to be multiplied any industrial
process.
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(2) General rules under section 86 oI the Patents and Designs Act,
1907, may be made Ior determining the conditions under which`a
design shall be deemed to be used Ior`such `purposes as`aIoresaid.
23. II it appears to the President that a Ioreign country does not give,`or
has not undertaken to give, adequate protection to the works oI
Myanmar authors it shall be lawIul Ior the President, by notiIication,
to direct that such oI the provisions oI this Act as conIer copyright`on
works Iirst published within the Union shall not apply to works
published aIter such date as may be speciIied in the notiIication,`the
authors whereoI are subjects or citizens oI such Ioreign country and
thereupon those provisions shall not apply to such works.
24. (1) Where any person is immediately beIore the commencement`oI
this Act entitled to any such right in any work as is speciIied in
the Iirst column oI the First Schedule to this Act, or to any
interest in such a right he shall, as Irom that date, be entitled`to
the substituted right set Iorth in the second column oI that
schedule, or to the same interest in such a substituted right,`and
to not other right or interest, and such substituted right shall
subsist Ior the term Ior which it would have subsisted iI this`Act
had been in Iorce at the date when the work was made and`the
work had been one entitled to copyright thereunder;
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Provided that
(a) iI the author oI any work in which any such right as is
speciIied in the Iirst column oI the First Schedule to this
Acts subsists at the commencement oI this Act has, beIore
that date, assigned the right or granted any interest therein
Ior the whole term oI the right, then at the date when, but
Ior the passing oI this Act, the right would have expired`the
substituted right conIerred by this section shall, in the
absence oI express agreement, pass to the author oI the
work, and any interest therein created beIore the com-
mencement oI this Act and then subsisting shall determine;
but the person who immediately beIore the date at which
the right would have so expired was the owner oI the right
or interest shall be entitled at his option either
(i) on giving such notice as hereinaIter mentioned, to an
assignment oI the right or the grant oI a similar interest
therein Ior the remainder oI the term oI the right Ior
such consideration as, Iailing agreement, may be
determined by arbitration; or
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(ii) without any such assignment or grant, to continue to
reproduce or perIorm the work in like manner as
thereIore, subject to the payment, iI demanded by
the author within three years aIter the date at which`the
right would have so expired, oI such royalties to the
author as, Iailing agreement, may be determined by
arbitration, or, where the work is incorporated in a
collective work and the owner oI the right or interest
is the proprietor oI that collective work, without any
such payment;
The notice above reIerred to must be given not more than one
year nor less that six months beIore the date at which the right
would have so expired, and must be sent by registered post to the
author, or, iI he cannot with reasonable diligence be Iound, adv-
ertised in the London Gazette and in two London newspapers;
(b) Where any person has, beIore the 26th day oI July, 1910,
taken any action whereby he has incurred any expenditure
or liability in connection with the reproduction or perIorm-
ance oI any work in a manner which at the time was lawIul,
or Ior the purpose oI or with a view to the reproduction or
perIormance oI a work at a time when such reproduction
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or perIormance would, but Ior the passing oI this Act, have
been lawIul, nothing in this section shall diminish or
prejudice any rights or interest arising Irom or in connec-
tion with such action which are subsisting and valuable at
the said date, unless the person who by virtue oI this section
become entitled to restrain such reproduction or perIorm-
ance agrees to pay such compensation as, Iailing agree-
ment, may be determined by arbitration.
(2) For the purposes oI this section, the expression author` includes
the legal personal representatives oI a deceased author.
(3) Subject to the provisions oI section 19, sub-sections (7) and (8),
and oI section 33 oI this Act, copyright shall not subsist in any
work made beIore the commencement oI this Act, otherwise than
under, and in accordance with, the provisions oI this section.
25-30. * * * *
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PART III
Supplemental Provisions
31. No person shall entitled to copyright or any similar right in any
literary dramatic, musical or artistic work, whether published or
unpublished, otherwise than under and in `accordance with the` provi-
sions oI this Act, or any other statutory enactment Ior the time being
in Iorce, but nothing in this section shall be construed as abrogating
any right or jurisdiction to restrain a breach oI trust or conIidence.
32.34 * * * *
35. (1) In this Act Unless the context otherwise requires,
'literary work` includes maps, charts, plants, tables, and complia-
tions;
'dramatic work` includes any piect Ior recitation, choreographic
work or entertainment in dumb show, the scenic arrangement`or
acting Irom oI which is Iixed in writing or otherwise, and any
cinematograph production where arrangement or action
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.:.
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Iorm or the combination oI incidents represented given the work
an original character;
'artistic work` includes works oI painting, drawing, sculpture and
artistic craItsmanship, and architectural works oI art and en-
gravings and photographs;
'work of sculpture` includes casts and models:
'architectural work of art` means any building or structure having
an artistic character or design, in respect oI such character
or design, or any model Ior such building or structure, provided
that the protection aIIorded by this Act shall be conIined to the
artistic character and design and shall not extend to processes`or
methods oI construction;
'engravings` include etchings, lithographs, wood-cuts, prints, and
other similar works, not being photographs;
'photograph` includes photo-lithograph and any work produced by
any process analogous to photography;
'cinematograph` include any work produced by any process analogus
to cinematography
'collective work` means
(a) an encyclopedia, dictionary, year book, or similar work:
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(b) a newspaper, review, magazine, or similar periodical; and
(c) any work written in distinct parts by diIIerent authors, or in
which works or parts oI works oI diIIerent authors are incorpo-
rated;
'infringing` when applied to a copy oI a work in which copyright
subsists, means any copy, including any colourable imitation
made or imported in contravention oI the provisions oI this`Act;
'performance` means any acoustic representation oI a work and`any
visual representation oI any dramatic action in a work, in including
such a representation made by means oI any mechanical instru-
ment;
'deliver` in relation to a lecture, includes delivery by means oI any
mechanical instrument;
'plate` includes any stereotype or plate, stone block, mould,
matrix, transIer, or negative used or intended to be used Ior
printing or reproducing copies oI any `work, and any `matrix or
other appliance by which records, perIorated rolls or other
contrivances Ior the acoustic representation oI the work are or
are intended to be made;
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'lecture` includes address, speech, and sermon;
* * * *
(2) For the purposes oI this Act (other than those ralating to
inIringements oI copyright), a work shall not be deemed to be
published or perIormed in public, and a lecture shall not be
deemed to be delivered in public, iI published, perIormed in
public, or delivered in public, without the consent or acquies-
cence oI the author, his executors, administrators or assigns.
(3) For the purposes oI this Act, a work shall be deemed to be`Iirst
published within the |Union oI Myanmar| notwithstanding that
it has been published simultaneously in some other place, unless
the publication in |the said Union| is colourable only and is not
intended to satisIy the reasonable requirements oI the public,
and a work shall be deemed to be published simultaneously in
two places iI the time between the published in one such place
and he publication in the other place does not exceed Iourteen
days, or such longer period as may, Ior the time being, be Iixed
by |notiIication by the President oI the Union.|
(4) Where, in the case oI an unpublished work, the making oI a`work
has extened over a considerable period, the conditions oI this
Act conIerring copyright shall deemed to have been complied
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with iI the author was, during any substantial part oI the period
a British subject or a resident within the |Union oI Myanmar.|
(5) For the purposes oI the provisions oI this Act as to residence,`an
author oI a work shall be deemed to be a resident in the | Union
oI Myanmar| iI he is domiciled | within the Union|.
36-37. * * * *
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SCHEDULES
FIRST SCHEDULE.
(Section 24)
Existing Rights
(a) In the case of Works other than Dramatic ana Musical Works.
Copyright . . . * Copyright as deIined by this Act*
(b) In the case of Musical ana Dramatic Works.
Both copyright, but not perIorming right. * Copyright as deIined by this Act*
Copyright, but not perIorming right. Copyright as deIined by this Act, except
the sole right to perIorm the work or any
substantial part thereoI in public.
PerIorming right, but not Copyright. The sole right to perIorm the work in
public but none oI the right com-
prised in copyright as deIined by this Act.
Existing Right Substituted Right
* In the case oI an essay article, or portion Iorming part oI and Iirst published
in a review, magazine or other periodical or work oI a like nature, the right shall be
subject to any right oI publishing the essay, article or portion in a separate Iorm to
which the author is entitled at the commencement oI this Act, or would, iI this Act had
not been passed, have become entitled under section eighteen oI the Copyright Act.
1842.
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. . .
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For the purposes oI this Schedule the Iollowing expressions,`where
used in the Iirst column thereoI, have the Iollowing meanings:
'Copyright,` in the case oI a work which according to the law in`Iorce
immediately beIore the commencement oI this Act has not been
published beIore that date and statutory copyright wherein
depends on publication, includes the right at common law (iI
any) to restrain publication or dealing with the work;
'Performing right,` in the case oI a work which has not been per-
Iormed in public beIore the commencement oI this Act, includes
the right at common law (iI any) to restrain the perIormance
thereoI in public.
SECOND SCHEDULE
* * * *
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Copyright in a work shall be deemed to be inIringed by any
person who, without the consent oI the owner oI the copyright,`does
anything the sole right to do which is by this Act conIerred on the
owner oI the copyright.
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Copyright in a work shall be deemed to be inIrinIed by any
person who, without the consent oI the owner oI the copyright, does
anything the sole right to do which is by this Act conIerred on the
owner oI the copyright.`
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(Substantial
Damages)
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