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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Copyrights

Duration of right

Angola

As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

Argentina

The general rule is that copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

In the case of work done through cooperation, the 70-year term is computed from the death of the last person who participated in the joint authorship of the work involved.

In the case of posthumous works, the 70-year term is computed from the death of the author.

The duration of protection of anonymous works whose copyright belongs to institutions, corporations or legal entities is 50 years from the date of publication of the work.

Special rules on copyright duration apply to specific types of copyrightable works, such as photographs and cinematographic works.

Australia

For original works that are published during the author's lifetime, copyright protection lasts for 70 years after the death of the author. For original works that are not published during the lifetime of the author, the copyright protection lasts for 70 years from the date of first publication.

For subject matter other than works, the duration of the protection depends on the type of work.

For television and sound broadcasts, copyright lasts for 50 years after the expiration of the calendar year in which the broadcast was made, and for published editions, 25 years after the expiration of the calendar year in which the edition was first published. For sound recordings and cinematograph film, copyright lasts 70 years after the end of the calendar year in which the recording or film is first published.

Austria

In general, the duration of copyright protection is 70 years after the author's death. There are specific regulations for:

  • Film works, where the duration of the right is 70 years after the latest death of the following persons: the main director, the author of the script, the author of the dialogues, and the author of musical works made specifically for the film
  • Related rights of the performers and presenters, where the duration of the right is 50 years after the presentation or, if the presentation was recorded and published or publicly reproduced, within this deadline, 70 years after the publication or reproduction
  • Photographs which are not subject to copyright, where the duration of the right is 50 years after the making of the photography or, if published, 50 years after publication
  • Rights of the producer of audio media, where the duration of the right is 70 years after the publication or 50 years after the recording if not published within this period
  • Radio broadcasts, where the duration of the right is 50 years after the broadcast
  • Databases not subject to copyright, where the duration of the right is 15 years after the finalization of the database or, if published, 15 years after the publication

Renewal of rights provided by the Copyright Act is not possible.

Belgium

Generally, the duration of copyright in an author's work is the author's life, plus 70 years after the author's death. There are variations of this duration depending on the type of the protected work (eg, co-authored work or if the author is unknown).

Brazil

In general, economic rights in copyrighted works remain valid for 70 years counted from January 1 of the year following the year of the author's death.

For software, protection of the copyrights remains valid for 50 years counted from January 1 of the year following the year of the software's publication or, if unpublished, of its creation.

Canada

Copyright in works of authorship lasts for the life of the author, the remainder of the calendar year in ‎which the author dies and a period of 70 years from that year end. Canada’s copyright laws changed ‎in December 2022 to extend that period from 50 years to 70 years; however, the extension ‎does not apply to works that were already in the public domain as of December 31, 2021.‎

The duration of the copyright term can vary based on authorship.

Where the author of the work is unknown, copyright in the work subsists until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the 1st publication occurs and 100 years following the end of the calendar year in which the work was made.

Where there are 2 or more authors, copyright protection extends until the death of the last known author, the remainder of the calendar year of the author’s death plus an additional 70-year period.

Specific provisions as to the term of protection also apply to certain non-dramatic cinematographic works, as well as to subject-matter other than works, including performers’ performances, sound records, and communication signals.

A copyright term cannot be extended or renewed.

Chile

Protection of the right is granted for the author's entire life, plus 70 years as of the date of the author's death. In the case of computer programs, protection is granted for 70 years from the date of the first publication of the program if it was designed by an employee in the course of his/her work for a legal person.

China

The duration of copyright protection differs according to different types of rights.

The right of authorship, the right of revision and the right of integrity, which are moral rights shall continue in perpetuity.

For other types of rights, such as the right of publication, right of reproduction and right of performance shall be protected for 50 years, expiring on December 31 of the 50th year after the death of the author; or, if the author is not a natural person, the right expires on December 31 of the 50th year after first publication of the work. However, the work will no longer be protected if it is not published within 50 years after its completion.

Colombia

Copyrights last for the lifetime of the author plus 80 years from the date of the author's death. If the work is co-authored, the 80-year period will begin from the date on which the last author dies.

  • If the rights are assigned, the protection of the acquirers lasts for the life of the author plus 25 years. The author and the acquirer may also agree to a different term, but such agreed term may not be longer than 80 years. For its part, the protection for the author’s heirs, which receive them by means of a succession, will last for the 80 year-term.
  • If the author does not have heirs, once they die, the work will be deemed in the public domain.
  • When the holder of the right is a legal or public entity, protection will last 30 years from its publication.

Czech Republic

Copyright protection for economic rights lasts for the life of the author plus an additional 70 years. For an anonymous work or a pseudonymous work, the copyright lasts for a term of 70 years from the year of its first publication. The moral rights expire with the death of the author (but post-mortem protection is available to a certain extent for relatives and associations of authors).

Denmark

Copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, the copyright lasts for 70 years from the year of its publication or, if it has not been published, 70 years from its creation.

In general, the copyright protection of neighboring rights lasts for 50 years, but the duration runs from various dates depending on the neighboring right in question.

Finland

Copyright protection lasts for 70 years after the death of the creator.

For works with a joint copyright, the term of 70 years is calculated from the death of the last surviving creator.

The Copyrights Act also protects neighboring rights of performing artists, producers, photographers, certain media organizations and databases. Neighboring right protection also covers those literary or artistic works, which are not original enough to be covered by copyright (eg, generic photographs). In most cases, the protection term for neighboring rights is 50 years from the publication.

France

The economic rights of the author last for 70 years after their death. The 70 years are calculated from January 1 of the civil year following the death of the author. The date of death of the last contributor serves as the reference point for the 70-year post mortem auctoris period for collaborative works. Moral rights are personal, perpetual, inalienable and not subject to statutes of limitations.

Germany

Copyright protection lasts for 70 years after the author's death.

If copyright is owned by joint authors, it shall expire 70 years after the death of the last surviving author.

In the case of anonymous and pseudonymous works, copyright shall expire 70 years after publication. However, it shall expire 70 years after creation of the work if the work has not been published within that time limit.

The time limits specified above shall begin at the end of the calendar year in which the event that determines the beginning of the time limit has occurred.

Different protection periods apply to performers and producers of video recordings or films.

Hong Kong, SAR

In general, the duration of copyright in literary, dramatic, musical or artistic works is the life of the author plus 50 years. If the author of the work is anonymous, the duration is 50 years from the end of the calendar year in which the work was first made or, if during that period the work is made available to the public, 50 years from the end of the calendar year in which it was first made available.

Hungary

Copyright generally lasts during the life of the author and for 70 years after the date of death of the author. The duration of protection for related rights is usually 50 years, although in certain works (eg, sound recordings), the term lasts for 70 years.  The duration for protection regarding rights in films is 50 years.

India

Copyright in any literary, dramatic, musical or artistic work (including photographs) published within the lifetime of the author subsists for a period of 60 years from the year following the year in which the author dies. Copyright in works published anonymously or pseudonymously subsists for 60 years from the year following the year in which it was first published, provided that, if the identity of the author is established before this period, copyright will subsist until 60 years from the beginning of the calendar year following the year in which the author dies.

Copyright subsists in works of international organizations, public undertakings, government works, cinematographs and sound recordings for a period of 60 years from the beginning of the calendar year following the year in which the particular work was published.

Indonesia

The copyright protection for moral rights of the creator or a copyright holder have a perpetual term.

The copyright protection for economic rights on written works, choreographic works, forms of art, music, architecture, performances, discourse, educational and scientific visual aids and maps are valid for the life of the creator plus 70 years after the creator's death commencing from January 1 of the subsequent year. If the creator or copyrights holder of the foregoing creation is a legal entity, the copyright protection is valid for 50 years after the first publication.

The copyright protection for economic rights on photographic works, portraits, cinematographic works, video games, computer programs, typographical writing, translations, transformation or modification of traditional cultural expression, compilations of works or data and compilation of traditional cultural expression to the extent that such compilation is the original version are valid for 50 years after the first publication.

The copyright protection for economic rights on applied art is valid for 25 years after the first publication.

The copyright protection for economic rights for performers is valid for 50 years after the first performance is fixed in phonograms, for producer phonograms is valid for 50 years after the phonogram is fixed, and for broadcasts is valid for 20 years after the work is first broadcast.

Ireland

There are different periods of protection for works under Irish copyright law, depending on the nature of the work.

For literary, dramatic, musical, artistic works or an original database, copyright will expire 70 years after the death of the author. If the musical work with lyrics is co-written, then copyright will expire on the death of the last author. The period of copyright protection applies regardless of the date on which these works were first made available to the public. However:

  • For works that are computer generated, copyright will expire 70 years after the work is first lawfully made available to the public
  • For cable programs, copyright will expire 50 years after the cable program was first lawfully included in a cable program service
  • For typographical arrangements of a published edition, copyright will expire 50 years after the date on which it was first lawfully made available to the public and
  • For broadcast or sound recordings, copyright will expire 50 years after the date on which it was first lawfully made available to the public

There are specific provisions in relation to the duration of copyright in relation to films. Copyright in a film will expire 70 years after the last of the following people dies:

  • The director;
  • The author of the music specifically composed for use in the film; and
  • The author of the screenplay or dialogue.

Israel

Section 38 of the Copyright Act sets the term at the life of the author plus 70 years after their death, subject to certain exceptions. In the case of a joint work, copyright subsists throughout the life of its longest surviving joint author plus 70 years after their death.

Sound recordings are protected for 70 years from creation or, if published within 2 years of creation, for 70 years from the publication date. Where an insufficient number of copies is made available to the public, the record will be protected for 50 years from creation or publication, respectively.

According to Section 41A of the Copyright Act, fonts are protected under copyright for a term of 70 years following the  publication of the font.

Italy

Copyright protection is automatic and originates from the mere creation of the copyrightable work.

The protection lasts for the life of the author plus an additional 70 years, starting from the first calendar year after the death of the author.

In the case of joint works and dramatic-musical and choreographic works and pantomimes, the duration1 of economic rights are determined based on the life of the last-surviving co-author.

In case of cinematographic works, the term is calculated by taking into consideration the last-surviving person among the director, the screenplay writers and the author of the music if it is specifically created for the film. In case of anonymous or pseudonymous works, the duration is 70 years from publication, unless the author reveals their identity prior to expiration of such term.

In case of collective works, the durationof economic rights for each part lasts until 70 years after the death of each collaborator, while the economic rights on the work in its completeness starts from the date of its first publication as a whole.

With regard to neighboring rights, phonographic producers' rights last 50 years from the fixation of the phonogram. However, Legislative Decree No. 22/2014 (implementing the EU Directive 2011/77/EU of September 27, 2011) provides that, should the phonogram be lawfully published or communicated to the public, the protection would be extended to 70 years from the date of its first lawful publication or communication to the public.

Performers' rights last for 50 years from the time of performance or, if a fixation of the performance is published or communicated to the public during that time, from the first publication or communication to the public, whichever is earlier.

Software is protected as copyrighted work; the Italian Copyright Law provides for some specific provisions in relation to this type of work.

Databases may be protected as copyrighted works in case they represent creative works resulting from the intellectual activity of the author, with consequent application of the relevant provisions on copyright. Should the database lack such characteristics, the creator of the database would be granted a sui generis right against full reproduction or material extraction of content lasting 15 years from January of the year subsequent to its completion or publication.

Moral rights, as described above, last forever and never expire. Upon the death of the author, the rights may be enforced by the author's heir(s). Furthermore, moral rights cannot be waived or transferred.

[1] Pursuant to Section 10 of the Italian Copyright Law a "joint work" is a work created as a result of the indistinguishable and non-severable contributions of different persons.
[2] Pursuant to Section 3 of the Italian Copyright Law a collective work is a work created with the contribution of different authors when each contribution can easily be distinguished and severed (by way of, for example, encyclopedias, dictionaries, anthologies, newspapers and magazines).

Japan

Copyright protection lasts for the life of the author plus an additional 70 years. Some special calculations are applicable for copyrightable works made before or during the Second World War.

For an anonymous work or a pseudonymous work, the copyright lasts for a term of 70 years from its first publication, or a term of 70 years from the death of the author if the author is known, whichever expires first.

For a work owned by an entity (eg, work made for hire), the copyright lasts for a term of 70 years from the work's first publication. If it is not made public within the 70-year term, the copyright lasts for 70 years after the creation.

If a work is a movie, its copyright endures for a term of 70 years from its first publication. If the movie is not made public, the copyright lasts for 70 years after the creation of the movie.

Luxembourg

The duration of an author's right is the author's life plus 70 years after their death.

Mexico

Moral rights are perpetual; economic rights last for the life of the author plus an additional 100 years; although, when the work belongs to 2 or more co-authors, the 100 years will be counted from the death of the last co-author.

Netherlands

The copyright shall expire 70 years after January 1 of the year following the year of the death of the author. The duration of the copyright belonging jointly to 2 or more persons in their capacity as co-authors of a work shall be calculated from January 1 of the year following the year of the death of the last surviving co-author. If the author is unknown or is not a natural person, the copyright expires 70 years after January 1 of the year following the year of first publication of the work.

New Zealand

Copyright protection in a literary, dramatic, musical or artistic work generally lasts for the life of the author plus an additional 50 years. Where the work is of unknown authorship, the copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was first made available to the public by an authorized act.

For sound recordings and films, the copyright expires 50 years from the end of the calendar year in which the work was made, or if it is made available to the public by an authorized act before the end of this period, then 50 years from the end of the calendar year in which it was made available. Copyright in communication work expires 50 years from the end of the calendar year in which the work was first communicated to the public.

Copyright in a typographical arrangement of a published edition expires 25 years after the end of the calendar year in which the edition was first published.

Crown copyright generally lasts for 100 years from the end of the calendar year in which the work is made.

Nigeria

Category of Works

Duration

 Literary, musical or artistic works (other than photographs)

70 years after the end of the year which the author dies

Audiovisual works and photographs

50 years after the year the work was first made available to the public with the consent of the author or 50 years after the work was created.

Sound recordings

50 years after the year in which the recording was first made available to the public with the consent of the author or 50 years after the work was created.

For works made under the direction and control of a government, agency of government or prescribed international body

50 years after the year in which the work was first made available to the public or 50 years after the work was created

Performer’s right

50 years from the end of the year in which the performance was first fixed

Broadcasts

50 years after the year in which the broadcast first took place

Norway

Copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, the copyright lasts for 70 years from the year of its publication or, if it has not been published, 70 years from its creation. In general, the copyright protection of neighboring rights lasts for 50 years, but the duration runs from various dates depending on the neighboring right in question.

Peru

Moral rights are perpetual; economic rights last for the life of the author plus an additional 70 years.

Philippines

The term of copyright shall last for the lifetime of the author or creator, and for an additional 50 years after their death. Under amendments introduced in 2012 in Republic Act No. 10372, the moral rights of an author or creator to attribution lasts during of the lifetime of the author or creator, and in perpetuity after their death. For the right to make alterations; withhold the work from publication; object to any distortion, mutilation or medication or derogation; or restrain the use of their name with respect to any work not of their creation or distorted version of work, the duration is coterminous with the economic rights.

The person or persons to be charged with the posthumous enforcement of these rights shall be named in a written instrument, which shall be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author’s heirs, and in default of the heirs, the Director of the National Library.

Poland

As a general rule, the duration of economic copyright protection is 70 years from the death of the author. If the copyrights are owned by joint authors, the 70-year period lapses with the death of the last surviving co-author.

However, if the author of the work is unknown, the 70-year period starts from the date of the first dissemination of the work, unless a pseudonym does not raise any doubts as to the author's identity or the author has disclosed his/her identity. Moreover, if the author's economic rights are vested in a person other that the author of the work, the period starts from the date of dissemination - or the date of establishment of the work if it has not been disseminated.

In the case of an audiovisual work, the protection period lapses with the death of the last of the following persons: the main director, the author of the script, the author of the dialogues or the composer of the music. In the case of a word-musical work, if it was created for a particular work, the period lapses with the death of last of the following: the author of the verbal work or the composer of the music.

The protection of copyrights is calculated in years (following the year in which the event commencing the protection period took place). Different protection periods apply to rights to artistic performances, producers' rights to phonograms and videograms, broadcasting rights, and rights to first publications and scientific and critical publications.

Portugal

As general rule, Copyright protection expires 70 years after the death of the author of the work, even in cases where the work was only published or disclosed after the death of the author.

In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

The duration of an anonymous work (or work that was legally published or disclosed without identifying the respective author) protection is for 70 years after publication or disclosure.

Romania

Copyright protection lasts for the life of the author plus an additional 70 years. In case of co-authored works, the 70-year term begins following the death of the last co-author. For anonymous works or pseudonymous works, the copyright endures for a term of 70 years from the year of its first publication.

Unpublished works that are lawfully disclosed to the public following the expiry of the copyright (eg, after the death of the author) are protected for 25 years starting from the date they were disclosed.

For musical works with lyrics, the 70-year term is calculated from the death of the last survivor between the lyricist and the composer, whether or not they have been designated as co-authors, provided that the contribution made to that musical work has been specifically created for it.

These terms are calculated starting on January 1 of the year following the death of the author or following the public disclosure, as the case may be.

Russia

Copyright protection lasts for the life of the author plus an additional 70 years, starting from the first calendar year after the death of the author. The law provides certain specifics in relation to anonymous works or works published under pseudonym, to works published post mortem and for certain categories of authors (such as participants of the Second World War).

In the case of joint works, the duration of rights is determined in relation to the life of the last-surviving co-author.

Unless differently specified, with regard to neighboring rights, the period of protection is 50 years and occurs from the date of broadcasting or performance.

Personal inalienable rights never expire. Upon the death of the author, the rights may be enforced by the author's heir(s). Furthermore, such rights cannot be waived.

Saudi Arabia

The period of copyright protection for an author is the duration of his/her lifetime and 50 years following his/her death. For joint works, the period of protection is computed from the date of the death of the last surviving author. If the writing is in the form of various parts or volumes then each volume is treated as a separate and independent piece of work.

Where the author is a corporate entity, the period of protection is 50 years from the date of first publication.

The period of protection for audio works, audio-visual works, films, collective works and computer software is 50 years from the date of the first show or publication of the work.

The period of protection for applied arts (handcrafted or manufactured) and photographs is 25 years from the date of first publication.

The period of protection for broadcasting organizations is 20 years from the date of the first transmission of programs or broadcast materials.

The period of protection for the producers of sound recordings and performers is 50 years from the date of performance or its first recording.

Singapore

The duration of copyright varies according to the type of work concerned. Generally, copyright in a literary, dramatic, musical or artistic work shall be effective for 70 years from the end of the year in which the author died. Copyright in published editions of literary, dramatic, musical or artistic works shall be effective for 25 years from when the edition was first published. Copyright for sound recordings and films shall be effective for 70 years from the end of the year in which the sound recording or film was first published. Copyright for broadcastings and cable programs shall be effective for 50 years from the end of the year of making the broadcast or cable program. Copyright in performances shall be effective for 70 years from the end of the year of the performance.

Slovak Republic

The copyright exists from the moment the work is objectively expressed in a way perceptible by the senses. No registration is required. The duration of a copyright depends on the fact whether the exclusive personal rights or the exclusive property rights are concerned.

The exclusive personal rights are not transferable, and they cease to exist upon the author's death.

The property rights last from the moment of the creation of the work during the life of the author and 70 years after their death.

In the case of the co-author's work, the property rights last throughout the life of the co-author who lives the longest and 70 years after their death.

With respect to the rights related to the copyright, the duration of the property rights to the work is limited to 50 years.

South Korea

An individual author can enjoy copyright protection for 70 years after their death (an individual author of a cinematographic work can enjoy copyright protection for 70 years from the date of its publication), and the copyright protection term for a work made for hire is 70 years after the date of its publication.

Spain

Copyright protection is generally granted for 70 years from the death of the author where the author is a natural person. In those cases in which the author is a legal person, the term of protection is 70 years from January 1 of the year following that in which the work was lawfully published, or following the year of its creation, if the work was not published. It should be noted that copyright of works owned by authors who died before 1988 may benefit from longer protection terms. Some types of works/rights do benefit from shorter terms only.

Sweden

Copyright protection lasts for the life of the creator plus an additional 70 years. If the work has several creators, the copyright lasts until the end of the 70th year after the last surviving creator's death. For an anonymous work, the copyright endures until the end of the 70th year after the work was made public.

The Copyrights Act also protects neighboring rights of performing artists, producers, photographers, radio and TV-organizations and databases. The neighboring rights (similar to the economic rights of copyright) generally last until 50 years after the right was made public but the term may vary depending on various factors.

The copyright protection for catalogues and databases (ie, a table or other work in which a large amount of information has been compiled or which is the result of a substantial investment) lasts for 15 years after the work is produced. However, if the work has been made available to the public within 15 years from the production, the copyright lasts 15 years from the year when the work was first made available to the public.

Switzerland

Copyright protection lasts for the lifetime of the author plus an additional 70 years, with an exception for computer programs, for which protection ends 50 years after the death of the author. Another statutory exception is foreseen for photographic depictions and depictions of 3-dimensional objects that do not have an individual character but were produced by a process similar to that of photography. In that case, the copyright duration is set to 50 years after the depiction's creation.

Protection for related rights expires 70 years after the performance, publication or production of the work. The right of a performing artist to be named as the artist (a moral right) expires with the death of the artist, but in any event no earlier than 70 years after the performance. The protection of a broadcast starts with its transmission and ends 50 years after.

Taiwan, China

The duration for the economic rights of a copyright is:

  • The life of the author plus 50 years after the author's death
  • 10 years from the first public release, if a work is first publicly released between the 40th and 50th year after the author's death

In case of a joint authorship work, the duration is 50 years after the death of the last surviving author. In case of pseudonymous authorship work or an anonymous authorship work, it is 50 years from the time of public release. In case of authorship works created by a juristic person, it is 50 years after the public release or 50 years after the completion of such creation if not publicly released within 50 years after completion of such creation. In addition, the duration for authorship in relation to photographic, audiovisual, sound recordings or performances is 50 years after the public release of such authorship work or 50 years after the completion of such creation if not publicly released within 50 years after completion of such creation.

Moral rights are perpetual and cannot be assigned or inherited.

Ukraine

Copyright protection lasts for 70 years after the death of an author or the death of the last co-author. Copyright to anonymous or pseudonymous works shall continue for 70 years after the work is lawfully made available to the public.

Moral rights of the author exist perpetually.

United Arab Emirates

For most categories of works, rights protected under the Copyright Law are protected for the entire lifetime of the author, and then for 50 years following the death of the author. Where the author is a corporate person, the right shall be protected for 50 years from the first day of the year following the year of first publication.

United Kingdom

Provided the work qualifies for protection, protection arises automatically on creation of the work.

For literary, dramatic, musical and artistic works, duration is the author's life plus 70 years after the author's death, unless it is computer generated, in which case copyright subsists for 50 years from the end of the calendar year in which it was made. Film copyright expires 70 years after the last death of the director, author and composer. Copyright in broadcasts expires 50 years from the end of the year of the broadcast. Copyright in typographical arrangements of published editions expires 25 years from the end of the year of first publication.

United States

For works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.

No renewal is required for works created on or after January 1, 1978. For works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.

If a copyrightable work is not a work for hire, an assignment of the copyright may be terminated within a 5-year period beginning 35 years after the initial grant. If the rights granted include the right to publish, then the assignment may be terminated 35 years after publication or 40 years after grant of publication right, whichever is first.