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Copyright and Neighboring Rights Protection Amendment Proclamation No. 8722014
Copyright and Neighboring Rights Protection Amendment Proclamation No. 8722014
CONTENTS
Proclamauon No. 4WIZOO-4
Copyright and Neighboring Rights Protection
Proclamation ...... Page 2673
A ~ROCLAMATION TO PROTECT
COPYRIGHT AND NEIGHBORING
RIGHTS
PART ONE
GENERAL PROVISIONS
1. Short Title
2. Definition
8/ "Copyright" means an economic right subsisting in
In this Proclamation unless the context otherwise a work and where appropriate includes moral right
requires: of an author;
II "Audio-visual work" means a work that consists 9/ "Court" means the Federal high Court.
of a series of related images, which impart the
impression of motion, with or without
accompanying sounds, susceptible of being made
, ; 10/ "Database" means an aggregate of information,
visible; by any appropriate device, and includes a
articles, numerical or diagrams which is
cinematographic or other film.
systematically constructed, 'so that such
information can be searched for with the aid of a
21 "Author" means the person who has computer.
intellectually created a work and includes-
11/ "Fixation" means the embodiment of works or
a) in the case of a computer program, person who images or sounds, or of the representations
has created the program; thereof, from which they can be perceived,
b) in the case of a photograph, the person reproduced of communicated through a device
responsible for its composition. prepared for the purpose;
3/ "Broadcasting," means, transmission by wireless 12/ "Hired work" means a work created by an author
means for public reception of sounds or of images hired or commissionedby a person;
and sounds.
13/ "Musical composition" means a work consisting of
4/ "Broadcasting organization" means a radio,
,music, exclusive of any words or action intended
television, and cable television station or satellite.
to be sung, spoken or performed with the music:
51 "Collective work" means a literary and artistic 141 "Neighboring rights" means the rights of
work created by two or more physical persons at the performers, . producers of sound recordings,
initiative and under the direction of a person with broadcasting organizations over their works.
the understanding that it will be disclosed in the
name of the latter person without indicating the
identityof the contributor;
15/ 'Office' means the Ethiopian Intellectual
Property Office' established by Proclamation
6/ "Communication to the public" means the No. 320/2003;
transmission by wire or without wire images or
sounds or both of a work, a performance, a sound 161 "Owner of Copyright" means the author where
recording or a broadcast in such Ii way that the the economic rights are vested in the author,
images or sounds can be perceived by a person where the economic rights are originally vested
outside the normal circle of Ii family and its closest in a natural person other than the author or in a
social acquaintance at a place or places' so distant legal entity, that person or entity, where the
from the place where the transmission originates, ownership of the economic rights has been
that without the transmission the images or sounds transferred to !l natural person or legal entity,
would not be perceivable and, further, irrespective
that person or entity;
of whether the persons can receive the images or
sounds at the same place and time, or at different
places and lor times individuallychosen by them;
17/ 'Person' means natural or juridical person;
191 "Performer" means actor, singer, musician, dancer, 281 "Sound recording" means an exclusively aural
and other person who act, sing, deliver, declaim, a
fixation of the sounds of performance or other
play in, or otherwise perform literary and artistic sounds or a representation thereof, regardless of
works; the method by which the sounds are fixed or the
medium in which the sounds are embodied.
201 "Producer" means a person that undertakes the However, it does not include a fixation of sound
initiative and responsibility for the making of the and images such as the sound track of an
audiovisual works; audiovisual work;
21 I "Producer of sound recording" means a person that 291 "A work of joint ownership" means a work to .the
undertakes the initiative and responsibility for the creation of which two or more authors have
makingof Sound recording works; contributed, provided that the work does not
qualify as a 'collective work' under Sub Article
221 "Published work" means a work or a sound (5) of this Article.
recording, tangible copies of which have been made
available to the public in a reasonable quantity for 301 "Work" means a production in the literary,
sale, rental, public lending or for other transfer of scientific and Artistic fields. It includes in
the ownership or the possession of the copies, particular:
provided that, in the case of a work, the making
available to the public took place with the consent a) books, booklets, articles in reviews and
of the author or other owner of copyright, and in the newspaper, computer programs;
case of a sound recording, with the consent of the
producer ofthe sound recording." b) speeches, lectures, addresses, sermons, and
other oral works;
231 "Public lending" means a temporary transfer of
. possession of an originalwork or a copy of a work c) dramatic, dramatico-musical works,
or sound recoding by libraries, archives or similar pantomimes, choreographic works, and other
institutions whose service is available to the public works created for stage production;
without making profit; .' ,
d) musical compositions;
241 "Public performance" mean: e) audiovisual works;
f) works of architecture;
a) Performing a work to the public by g) works of drawing, painting, sculpture,
recitation, playing, dancing, acting or engraving, lithography, tapestry, and other
otherwise, either directly or using any works of fine arts;
'communication media; . h) photographic works;
b) In case of an audio-visual work, showing the i) illustrations, maps, plans, sketches, and three
images in sequence and; . dimensional works related to geography,
c) In case of sound recording making the sound topography, architecture or science.
recording audible to the public.
iI. Scope of application
251 "Reproduction" means the making of one or more
copies of a work or sound recording in any 1/ The provisions of this Proclamation concerning the
manner or form, including any permanent or protection of works shall apply to:
temporary storage of work or sound; recording in a) works of authors who are nationals of, or have
electronic form; their principal residence in Ethiopia;
261 "Reprographic reproduction" means the making of b) works first published in Ethiopia and,
facsimile copies of the original or a copy of a works first published abroad and also
work by means other than printing such as published in Ethiopia· within 30 days,
photocopying, whether or not they are reduced or
irrespective of the nationality or residence
enlarged in scale;
of their authors;
27/ "Rental" means a temporary'transfer of possession
of a work, sound recording or fixation of c) audiovisual works, the producer of which has
his headquarters or principal residence in
performance for a profit making purposes;
Ethiopia; and
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4. Derivative works
d) works of architecture erected in Ethiopia and
other artistic works incorporated in a building II The following shall be protected as works:
or other structure located in Ethiopia.
a) translation, adaptations, arrangements and other
2/ The provisions of this Proclamation shall also transformations or modifications ofworks
apply to works that are eligible for protection in b) collection of works such as encyclopedia or
Ethiopia by virtue of and in accordance with any anthologies or databases whether in machine
international convention or other international readable or other form provided that such
agreement to which Ethiopia is a party. collections are original by reason of the
selection or arrangement of their contents.
3/ the provisions of this Proclamation on the
protection of performers shall apply to: 2/ The protection of any work referred to in Sub
Article (l) of this Article shall be without prejudice
a) performers who are nationals of Ethiopia; to any protection of a preexisting work incorporated
b) performers who are not nationals of Ethiopia in or utilized for the making of such a work.
but whose performances:
5. SUbject Matter not protected
i. take place in the territory of Ethiopia;
Notwithstanding the Provisions of Articles 2,3 and 4 of
ii are incorporated in sound recordings that this Proclamation the following matters shall not be
are protected under this Proclamation; or protected;
iii. have not been fixed in a sound recording a) Any idea, procedures, system, method of operation.
but are included in broadcasts qualifying concept, formula, numerical tables and forms of
for protection under this Proclamation. general use, principle, discovery or mere date, even
if expressed, described, explained, illustrated or
4/ The provisions of this Proclamation on the embodied in a work; and
protection of sound recordings shall apply to: b) Any official text of a legislative, administrative or
of legal nature, as well as official translations
a) sound recordings the producers of which thereof. .
are national of Ethiopia;
b) sound recordings first fixed in Ethiopia;
and PART TWO
c) sound recordings first published in
Ethiopia. REQUIREMENT FQR PROTECTION, TYEP &
5/ The provisions of this Proclamation on the SCOPE OF EXCLUSIVE RIGHTS
protection of broadcasts shall apply to:
6. Requirements for protection
a) broadcasts of broadcasting organizations
1/ The author ofa work shall, irrespective of the quality
the headquarters of which are situated in
of the work and the purpose for which the work may
Ethiopia: and .
have been created, be entitled to protection, for his
b) broadcasts transmitted from transmitters
work without any formality and - upon creation
situated in Ethiopia
where it is:
a) Original; and
6/ The provisions of this: Proclamation shall also
apply to performers; producers of sound b) Fixed.
recordings and broadcasting organizations that are
eligible for protection by virtue. of and in
2/ Photographic works, in addition to the requirements
accordance with any international convention or
laid down in Sub-Article (l) of this Article, shall
.other international agreement to thich Ethiopia is
be protected where they:
party.
7/ The provisions of this Proclamation concerning
copyright or neighboring rights shall not extend to a) form part of a collection or are published in a
book or;
the ownership of the material object, which
constitutes the work. b) bear the name and address of the author or
his agent.
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2/ The rights enumerated in Sub-Article (I) of this
3/ The protection afforded by Sub-Article (l) of this Article shall not be transmissible during the lifetime
Article to the author of a work shall not be affected of the author. The rights, however, shall be
by any right accruing to a sound recording producer transferred in accordance with the law to heirs or
or broadcaster or a performer under this legatees after the death ofthe author;
Proclamation.
3/ The author or his heirs or legatees may waive any of
7. Economic Rights the moral-rights enumerated in Sub-Article (1) of
II Subject to the provisions of Articles 9 to 19 of this this Article in the following manner:
Proclamation the author or owner of a work shall
have the exclusive right to carry out or authorize the a) the waiver, shall be made in writhing clearly
following acts in relation to the work: specifying the right waived and the
circumstances in which the waiver applies,
a) reproduction of the work;
b) translation of the work; .' b) the waiver specifies the nature and the extent of
c) adaptation, arrangement Qf other transformation modification or the action in respect of which
of the work; the right waived.
d) distribution of the original or a copy of the work
to the public by sale or rental;
4/ Moral rights shall be enjoyed by heirs or legatees of
e) importation of original or copies of the the author until the expiry of economic rights.
work;
f) public display of the original or a copy of the 9. Reproduction for Personal Purposes
work; .
g) performance of the work; 1/ Notwithstanding the provisions of Article 7 (IXa) of
h) broadcasting of the work; this Proclamation, the owner of copyright cannot
i) other communication of the work to the public. forbid private reproduction, of a published work in a
single copy by a physical person exclusively for his
2/ The Provisions of Sub-Article (I) (d) of this Article
own personal purposes.
shall not apply to rental or public lending of computer
-.
program except where the program is an essential
object ofthe rental or lending. 2/ The provisions of Sub-Article (I) of this Article shall
not extend to reproduction; I
a) of a work of architecture in the form of a
3/ In case of original work of art or original manuscript
building or other construction;
of a writer or a composer, the author or his heirs shall
b) of musical work in the form of notation; or of
have the inalienable right to have a share of the resell
the original or a copy made and signed by the
price ofthe work subsequent to the first transfer of the
author of a work of fine art.
work by the author. The amount of the share as well as
the condition of entitlement shall be determined by the c) of the whole or a substantial part of a database
regulation that may be issued under this Proclamation in digital form; '. .
d) of a computer program except as provided in
Article 14 ofthis Proclamation; or
8. Moral Rights
e) which would conflict with or unreasonable
harm the normal exploitation of the work or the
II The author of the work shall have the following
legitimate interest ofthe author.
moral rights irrespective of whether or not he is
owner of economic rights;
1 10. Quotation
a) to claim authorship of his work, except where 1/ Notwithstanding the Provisions ofArticle 7 (lXa) of
the work is included, incidentally or this. Proclamation, the owner of copyright cannot
accidentally, in reporting current events by forbid the reproduction or l1- 'quotation of a published
means of broadcasting; work. " "
b) to remain anonymous or to use a pseudonym; 2/ The quotation shall be compatible with fair practice
and and does not exceed the extent justified by the
c) to object any distortion, mutilation or other purpose.
alteration of his work, where such an act is or
would be prejudicial to his honor or reputation. 3/ Where the quotation is taken from a source which
d) to publish his work. contains the name of the author, it shall indicate the
source and the name of the author.
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2) A copy made in accordance with the preceding 1/ the reproduction in a newspaper or periodical, the
Sub-Article shall indicate, as far as practicable, broadcasting or other communication to the
the sources of the work or sound recording public of an Article published-in a newspaper or
reproduced and the name of the autheor periodical on current economic, political, social ro
religious or similar topics 'unless the right or
12. Reproduction by Libraries, Archives and Similar authorize reproduction or broadcasting or the
Institutions communication to the public is expressly reserved
on the copies by the author or owner of copyright
1) Notwithstanding the provision of Article 7 (1) (a) or in connection with broadcasting or other
of this Proclamation, the owner of copyright communication to the public ofthe work;
cannot forbid a reproduction of a work by a
library, archive, memorial hall, museum or
similar institutions whose activity directly or 2/ reproduction and broadcasting or other
indirectly is not for gain . . communication to the public of short excerpts of
2) A library or archive can make a reproduction of a a work seen or heard for the purpose.of reporting
published Article, short work or short extract of a current events.
wor~ to satisfY the request of a physical person,
provided that: 3/ the reproduction in a newspaper or periodical, the
broadcasting or other communication to the
a) the library or archive is satisfied that the copy public of a political speech, lecture, address,
will be used solely for the purpose of study, sermon or other work of a similar nature delivered
in public, or a speech delivered during legal
scholarship or private research,
proceedings, to the extent justified by the purpose
b) the act or reproduction is an isolated case
of providing current information.
occurring, if repeated, on separate and
unrelated occasion, and
14. Reproduction and AdaptatioD of oomputer program
c) there is no available administrative
1/ Notwithstanding the provisions of Article 7 "(I) (a)
organization which the educational institution
and (c) of this proclamation, pte owner Of copyright
is aware of, which can afford a collective
can not forbid a single copy reproduction, or
license ofreproduction
adaptation of a computer program.
2/ The reproduction or adaptation of a computer
3/ A copy of work, under Sub-Article (I) of this
program, under the' preceding Sub Article, is
article shall be made:
permissible when it is found necessary to make;
a) to preserve and, if necessary to replace a copy
a) use of a computer program with a computer for
or a copy which has been lost, destroyed or
the purpose and extent for which the computer
rendered unusable in the permanent
collection of another similar library or program has been obtained, ,
archive, . b) a back up copy by a person having a right to
use the computer program in so far as it is
b) where it is impossible to obtain a copy under . necessary to ensure future use, or
reasonable conditions, and
c) adaptation that is indispensable for using the
c) the act or reproduction is an isolated one computer program in conjunction with a
occurring and if repeated on separate and machine for the purpose, and to the extent of
unrelated occasions. use, for which the program has been lawfuIly
obtained.
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Notwithstanding the provisions of Article 7 (I) (g), the 4/ Where the work is a work of collective work,
owner of copyright cannot forbid private performance other than an audiovisual work, the economic
of his work given free of charge at a family gathering rights shall be protected for fifty years from'the
orin a school. . . date on which the work was either made or first
made available to the public, or first published,
17. Issuance of non-voluntary license which ever date is the latest.
1/ The Office may grant, not withstanding the 5/ Where the work is a work published
copyright, heirs or legatees owners opposition, a anonymously or under a pseudonym, the
license to authorize zhe'reproducrlon or translation economic rights shall be protected for fifty
or broadcasting of a published work. years from the date on which the. work was
either made or first made available to the public
2/·· The conditions, forms of such authorization and
or first published, which ever date is the latest.
in particular the fair compensation to be made to
the owner ofcopyright shall be determined by the 6/ Where the author's identity is revealed or is no
regulations, . longer in doubt, prior to the period indicated in
3/ In no circumstances may the Office authorize the Sub-Article (5) of this article, the provisions of
alteration of a work. Sub-Article (1) or (2) of this Article shall apply,
as the case may be.
18. Display of works
7/ The economic rights relating to a photographic
The public display of originals or copies of works, work shall be protected for twenty-five years
without the authorization of the author or owner of from the making of the work.
copyright shall be permitted,whereth~.display is
made other than by means of a film slide, television 8/ The economic rights relating to an audiovisual
image or otherwise on screen or by means of any other work shall be protected for fifty years
device or process and the work has been published or beginning from the date of making of the work
the original or the copy displayed has been sold, given or communication of the work to the public,
away or otherwise transferred to another person by the which ever date is the latest. .
author or his successor.
PART THREE
'19. Distribution of copies of works OWNERS OF RIGHT AND PRESUMPTIONS
Where a copy of a published work has been sold to 21. Original Ownership of Economic Right
the public such a copy may, without authorization and
payment of remuneration, be redistributed by means II Without prejudice to Sub-Article (2) to (6) of
of sale. this Article, the original owner of the
economic rights shall be the author who has
. 20. Duration of economic rights created the work.
l/ Economic rights shall belong to the author during
2/ Where the work is a work of several authors,
his lifetime and to the heirs or legatees for fifty
years from the dateof death of the author. the co-authors shall be the original joint
owners of the economic rights..•
FederalNegaritGazeta - No. 5S 19*July'2004 Page
Federal Negant Gazeta - No, 5S 19" July. 2004", "" Plge 2/ The provisions of Sub-Article (I) of this Article shall
not be applicable where' the performer has authorized
the incorporation of his performance in a visual or
2/ A revocation in accordance with Sub Article audiovisual fixation.
(l ) shall not be effected where the non
exercise or inadequate exercise of a right is 3/ Notwithstanding the provision of Sub-Article (I) of
primarily due to circumstances which the this Article, the performer can not forbid the
author can be expected to remedy. reproduction and the communication to the public of
his performance, if it is accessory to an event
3/ The right to revoke an assignment or a license constituting the principal subject of a scene, or of a
in accordance with Sub Article (1) shall not be work, or of an audio-visual document.
exercised earlier than 3 years from the date of
assignment or license or if the work is supplied 4/ The performer independently of his economic
subsequently, from the date of delivery of the rights or even after the transfer of that right shall
work. have the right:
1/ Without prejudice to the provision' of Article 5/ The right referred in this section shall be protected
32 of this Proclamation, a performer shall until the end of the fiftieth Calendar year,
have the exclusive right to carry out or following the year in which the performance was
authorize: fixed in a sound recording or in the absence of
a) the broadcasting or other communication to such fixation, from the end of the year in which
the public of his performance, except where the performance took place.
the broadcasting or the other communication: 27. Exclusive rights of, producers of sound
recordings
i. is made', from a fixation of the
performance ,which the' performer has 1/ Without prejudice to the provisions of Article
authorized to be made; or 28 of this proclamation, a producer of a
sound recording shall have the exclusive
ii. is a rebroadcasting made or author right to Carry out or to authorize:
ized by the organization initially
broadcasting the performance; a) reproduction of his sound recordings, in any
manner or form;
b) the fixation of his unfixed performance, b) importation of copies of his sound
c) the reproduction of a fixation of his recordings;
performance, in any manner or form, c) distribution to the public the original or
d) making available the' first fixation of his copies of his sound recordings, that have not
already been subject to a distribution
performance, or copies thereof;
authorized by the producer, by sale or other
e) rental or public lending of a fixation of his
means of transfer of ownership
performance, or copies thereof irrespective of
d) Rental or lending to the public a copy of the
, the ownership ofthe copy rented,or lent;
sound recording, irrespective of the
t) making his, fixed performance available ownership of the copy rented or lent.
to the public by wire or wireless means, in
such a way that members of the public may
have access to them from a place or at a time
individually chosen by them.
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28. Obligations of producers of sound recording 31. Acts requiring authorization of broadcasting
organization
1/ A producer of a sound recording or of an
audiovisual work shall state on the label of the 1/ A broadcasting organization shall have the
recording or on its container: exclusive right to carry out or authorize;
a) Rebroadcasting of its broadcasts;
a) the little of the work or works b) Fixation of its broadcasts;
b) the name of the author and of the main
c) Reproduction of a fixation of its
performers
broadcast.
c) the name or distinguishing mark of the
2/ The rights under this Article shall be protected from
producer, and
the moment the broadcast takes place until the
d) that the rights accruing to the producer under
expiry of 20 years following the year in which the
this proclamation are reserved.
broadcast took place.
32. Limitations of right
21 A choir or an orchestra shall be referred to by its
name and that of its leader, if any for the purposes
of Sub Article I (b) of this Article. The rights referred to in Articles 26-31 shall not
apply to acts related to;
29. Notice of protection
a) using short excerpts for reporting current
1/ Where a copy of an audiovisual or a sound events to the extent justified by the purpose
recording is made for commercial purposes, a of providing current information;
notice shall be printed on the label or its b) reproduction solely for scientific research;
container consisting of: c) reproduction solely for the purpose of face
a) the symobol (P) and to-face' teaching activities, except for
b) the year in which the recording was first performances and sound recordings which
published, .. . have been published as teaching or
placed in such manner as to give reasonable notice instructional materials;
of claim to protection of the rights of the producer. d) cases where, under Prt II, a work' can be
2/ A notice referred to in Sub Article (1) of this Article used without the authorization of the author
shall be prima facie evidence of the facts stated or other owner of copyright.
thereon for the purposes of any proceedings brought
under this proclamation with respect to the rights of
PART SIX
the producer. ENFORCEMENT OF RIGHTS
30. Remuneration for the use of sound Recordings 33. Provisional measures
II The court shall order prompt and effective
II Where a sound recording published for a commercial provisional measures:
purpose or a reproduction of such sound recording, a) to prevent an infringement of a right from
is used directly for broadcasting or other occurring, in particular to prevent the entry
communication to the public or is publicly into channels of commerce goods, including
performed, a single equitable remuneration for the imported goods immediately after customs
performer and the producer of the sound recording clearance,
shall be paid by the user to the producer.
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6/ Where copies and packages that infringes a right 3/ The penalty, where appropriate, shall include the
are discovered, unless the owner of the right seizure, forfeiture and destruction of the
otherwise requires, the court shall make the infringing goods and of any materials and
copies outside the channels of commerce, order implements used in the commission of the
their destruction of other reasonable disposition, offence.
without causing harm to the owner of the right.
This provision shall not apply to copies and PART SEVEN
packages acquired by third parties in good faith. MISCELANEOUS PROVISIONS
35. Border Measure 37. Works Protected Under The Existing Law
1/ The Customs authority shall, based on a written
1/ The provisions of this proclamation shall apply to
application of the owner of copyright or works dating back to before the coming. into
neighboring right, retain under its control the effect of this proclamation, provided that the term
goods, which in the opinion of the applicant of protection had not expired under the former
constitutes infringed goods. legislation
2/ The customs authority shall forthwith inform the 2/ This proclamation shall not affect contracts on
. applicant or the owner of the good of the measure works concluded before the coming in to force of
taken to retain the said goods. this proclamation. .
38. Inapplicable laws
3/ The measure to retain goods shall be lifted where
the applicant fails to provide with any justifiable Any other law, which is inconsistent with this
evidence with in ten days beginning from the date Proclamation, shall not be applicable with respect to
of notification of retention of the goods. matters provided for in this Proclamation
4/ The applicant shall be held responsible for the
damage caused by the retention of goods, where
39. Power to Issue Regulations and directives
the application is proved unfounded.
1/ The Council of ~inisters may issue regulations for
5/ The customs authority.may confiscate infringed the implementation of the Proclamation.
goods when ordered by the court.
2/ The Office may issue Directives for the
implementation of the regulations.
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GIRMA~WOLDEGIORGIS
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETmOPIA