Copyright is an intellectual property right that protects creations of the mind. Copyright is a legal term used to describe exclusive rights granted to authors, artists and other creators for their creations. These rights generally includes: copying; publishing; translating; adapting and altering; distributing; etc. and are granted automatically following the creation of the work.
The following works may be granted copyright protection under Cambodian law:
- Books and other literary, artistic, scientific, and educational documents.
- Lectures, speeches, sermons, oral or written pleadings and other such works.
- Dramatic works and musical dramas.
- Choreographic works.
- Circus performances and pantomimes.
- Musical compositions, with or without words.
- Audio visual works.
- Paintings, engravings, etc., or applied arts.
- Photographic works.
- Architectural works.
- Maps, plans, sketches.
- Computer programmes.
- Products of collage work in handicraft, handmade textile products and other clothing fashion.
- Performer’s rights.
The author of a work enjoys the exclusive right to that work, which is enforceable against all persons. The author is the person or persons who create(s) a work, and the exclusive right covers both the moral and economic rights to the work.
The Moral Rights include the exclusive right for the copyright owner (author) to decide on the manner and timing of the publication of the work; whether his or her name shall be attached to the work; and the right to prevent destruction or modification of the work. Moral rights are perpetual and non-transferable. However, the moral right will, after the copyright owner’s death, transfer to the copyright owner’s heirs.
The Economic Rights include the exclusive right for the copyright owner to exploit his or her work through authorization of reproduction, communication to the public, and creation of derivative works.
How do I Register my Copyright?
A copyright can be registered with the Ministry of Culture and Fine Arts. The Ministry of Culture and Fine Arts will then issue a Certificate of Registration (provided that the application is complete).
Duration of protection
Moral rights are perpetual and non-transferable. The economic rights, however, last for the lifetime of the author plus another fifty (50) years after the author’s death. The duration of copyright protection for works published by anonymous authors is seventy-five (75) years from the date of publication of the work. Collective, audio-visual and posthumous works enjoy protection for seventy-five (75) years from the day the work was first published.