Do I need to register my copyright in Brunei Darussalam?
No, copyright protection arises automatically once an original work is created. There is no requirement for registration in Brunei Darussalam.
What types of works are protected by copyright?
Copyright protects original literary, artistic, musical, dramatic, audiovisual and architectural works, as well as computer programs, sound recordings, broadcasts and performances.
How long does copyright protection last?
- The duration depends on the type of work. Most literary, artistic, dramatic and musical works are protected for the author’s lifetime plus 50 years.
- Other works, such as films, sound recordings, broadcasts and typographical arrangements, have different protection periods.
Who owns copyright in a work?
- Generally, the author of a work is the first owner of copyright.
- If a work is created in the course of employment or under a contract of service, the employer is usually the first owner, unless otherwise stated in the contract.
- For works created by government officers in the course of official duties, copyright belongs to His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam.
What is the © symbol and is it mandatory to use it?
- The © symbol is used to indicate an assertion of copyright ownership and is usually followed by the owner’s name and year of publication.
- Using the symbol is not mandatory and its absence does not affect copyright ownership. However, it may be relevant in infringement proceedings.
Can I use copyright material without permission?
- Only in limited circumstances. Certain uses may be allowed under fair dealing, such as research or private study, criticism or review, reporting of current events, teaching and judicial or legislative proceedings, provided the use is fair and properly acknowledged.
What is fair dealing?
- Fair dealing allows limited use of copyrighted works without permission for specific purposes. It does not permit copying a substantial part of a work, using works for commercial purposes, or failing to credit the author or source.
What is a Collective Management Organization (CMO)?
- A CMO also known as a collecting society, manages certain copyright and related rights on behalf of copyright owners. CMOs license the use of works, collect royalties from users and distribute royalties to their members.
Does copyright protection extend outside Brunei Darussalam?
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- As Brunei Darussalam is a member of the Berne Convention, works created in Brunei Darussalam are protected in other member countries, subject to their national laws.
- For the full list of Berne Convention member countries, you may refer to the WIPO Database.