•  Most works are protected when they are fixed in a tangible form. Certain subject matters, such as live performances, are protected even if they are not fixed.

• As Brunei Darussalam is a member of the Berne Convention, works created in Brunei Darussalam are also protected in other member countries, in accordance with their respective laws.

• Copyright protection arises automatically once an original work is created. There is no requirement for registration in Brunei Darussalam.

• The © symbol is used to assert copyright ownership. It is usually followed by the name of the copyright owner and the year the work was first made available, for example: © Brunei Intellectual Property Office 2026.

• The absence of the © symbol does not affect ownership of copyright, but it may be relevant in infringement proceedings.

• Generally, the author of a work is the first owner of copyright.

• Where a work is created in the course of employment or under a contract of service, the employer is the first owner, unless otherwise stated in the employment contract.

• For works created by civil servants in the course of official duties, His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam is the first owner. This is referred to as Government Copyright.

The duration of copyright protection depends on the type of work:

• Literary, artistic, dramatic, and musical works: Protection lasts for the author’s lifetime and continues for 50 years thereafter.

• Films and sound recordings: 50 years from when they were made or first released, whichever is later.

• Broadcasts and cable programmes: 50 years from the end of the year in which they were first transmitted.

• Typographical arrangements: 25 years from the end of the year in which the edition was first published.

• Using copyright material without permission may constitute infringement.

• To legally use copyright material, users should:
  • Identify the copyright holder
  • Contact the copyright holder
  • Negotiate the terms of use
  • Obtain written permission
  • Comply with the agreed terms
  • Keep records of correspondence or agreements

• Some works may be made available under Creative Commons or similar licences, which allow limited use subject to specific conditions.

• Certain limited uses of copyrighted works are allowed without permission under the Copyright Order, 1999. This is known as fair dealing.

• Fair dealing may apply where a fair and reasonable portion of a work is used for purposes such as:
  • Research or private study.
  • Criticism or review, with proper acknowledgment.
  • Reporting of current events, with source identified.
  • Legislative Council or Judicial proceedings.
  • Teaching and education.

• Many creative works protected by copyright require wide distribution, communication and significant investment for their dissemination, such as publications, sound recordings, films and broadcasts. It is in the interest of copyright owners that their works are enjoyed by the widest possible audience, provided they are fairly compensated.

• In some sectors, copyright may be managed through individual contracts between authors and users. However, in many cases, it is impractical to negotiate individual licences for each use of a work. For example, playing music on a radio station, showing a film on a cable network or performing a play in multiple venues would require permissions from numerous rights holders. In such situations, rights are commonly managed through Collective Management Organisations (CMOs), also known as collecting societies.

• CMOs manage certain copyright and related rights on behalf of their members by licensing uses of works, collecting royalties from users, and distributing those royalties to the rights holders. This system benefits both copyright owners and users by providing an efficient and structured licensing mechanism.

• In some cases, rights of producers of sound recordings and broadcasting organisations are also managed collectively.