Mozambique Copyright Law
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Law No. 4/2001 of February 27, 2001, Approving Copyright
and Repealing the Code of Copyright
Approved by Decree-Law No. 46,980 of April 27, 1966*
TABLE OF CONTENTS**
Article
Title I: Copyright
Chapter I: General Provisions
Object............................................................................ 1
Definitions..................................................................... 2
Personal and Territorial Scope ...................................... 3
Material Scope .............................................................. 4
Exclusions..................................................................... 5
Chapter II: Copyright
Content of Copyright .................................................... 6
Content of Economic Rights ......................................... 7
Content of Non-Economic Rights ................................. 8
Chapter III: Limitation of Economic Rights
Section I: Free Use
Reproduction for Private Purposes................................ 9
Reproduction in the Form of a Quotation...................... 10
Use for Educational Purposes ....................................... 11
Reprographic Reproduction for Libraries and Archive
Services ......................................................................... 12
Reproduction for Judicial or Administrative Reasons... 13
Reproduction for Purposes of Information.................... 14
Use of Images of Works Displayed in Public Places .... 15
Reproduction and Adaptation of Computer Programs .. 16
Temporary Recording by a Broadcasting Organization 17
Resale and Public Lending............................................ 18
Public Presentation or Performance .............................. 19
Import for Personal Purposes ........................................ 20
Section II: Equitable Remuneration
Remuneration for Reproduction for Private Purposes... 21
Chapter IV: Duration of Protection
Economic Rights and Non-Economic Rights................ 22
Works of Joint Authorship............................................ 23
Anonymous and Pseudonymous Works........................ 24
Collective or Audiovisual Works .................................. 25
Works of Applied Art.................................................... 26
Calculation of Periods................................................... 27
Chapter V: Ownership of Rights
General Principle........................................................... 28
Works of Joint Authorship............................................ 29
Collective Works........................................................... 30
Works of Folklore ......................................................... 31
Works Created Under a Contract of Employment......... 32
Audiovisual Works ....................................................... 33
Presumption of Ownership............................................ 34
Chapter VI: Transfer of Rights
Transfer of Rights ........................................................ 35
Licenses ........................................................................ 36
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Forms of Contracts and Licenses .................................. 37
Scope of Transfers and Licenses ................................... 38
Disposal of Originals or Copies of Works .................... 39
Title II: Related Rights
Chapter I: Scope and Ownership
Scope of Application..................................................... 40
Material and Territorial Scope ...................................... 41
Powers and Privileges of Owners of Rights .................. 42
Right of Authorization of Performers ........................... 43
Right of Authorization of Producers of Phonograms .... 44
Chapter II: Remuneration and Free Use
Remuneration for Broadcasting or Communication to
the Public ...................................................................... 45
Remuneration for Private Reproduction........................ 46
Free Use ........................................................................ 47
Use of Performances ..................................................... 48
Use for Broadcast Programs.......................................... 49
Chapter III: Duration of Protection and Identification
Section I: Duration of Protection
Protection of Works of Folklore.................................... 50
Protection of Performances ........................................... 51
Protection of Phonograms ............................................. 52
Protection of Broadcast Programs ................................. 53
Section II: Identification of Phonograms
Notice of Protection of Phonograms ............................. 54
Title III: Registration and Publicity
Acquisition of Rights .................................................... 55
Function and Purpose of Registration ........................... 56
Clear Evidence .............................................................. 57
Reference ...................................................................... 58
Title IV: Infringement and Protection of Copyright and Related
Rights
Chapter I: Legitimacy
Institution of Legal Proceedings.................................... 59
Chapter II: Infringements of Economic Rights and Sanctions
General Principle........................................................... 60
Usurpation..................................................................... 61
Infringement.................................................................. 62
Exclusion ...................................................................... 63
Presumption of Fraud.................................................... 64
Criminal Sanctions........................................................ 65
Independence of Action ................................................ 66
Chapter III: Infringements of Non-Economic Rights and Sanctions
Violation of Non-Economic Rights............................... 67
Destruction of a Work................................................... 68
Chapter IV: Special Guarantees for Protecting Infringed Rights
Precautionary Measures ................................................ 69
Confiscation and Destruction........................................ 70
Ownership of Confiscated Copies................................. 71
Location of Application for and Execution of
Confiscation .................................................................. 72
Chapter V: Final Provisions
Management Powers ..................................................... 73
Society of Authors ........................................................ 74
Settlement of Disputes .................................................. 75
Prevalence of International Law.................................... 76
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Regulatory Competence ................................................ 77
Revocation .................................................................... 78
Entry into Force ............................................................ 79
Annex: Glossary
TITLE I
COPYRIGHT
Chapter I
General Provisions
Object
1. The object of this Law is to protect literary, artistic and scientific works and the
rights of the corresponding authors, performers and producers of phonograms, videograms
and original works intended for broadcasting, and to stimulate the creation and production of
intellectual work in the fields of literature, art and science.
Definitions
2. The meaning of terms used in this Law is as shown in the glossary in the Annex,
which forms an integral part of the Law.
Personal and Territorial Scope
3.—(1) The provisions of this Law are applicable to:
(a) works the author of which, or any other original owner of copyright in which, is
Mozambican or, in the case of a foreign national, is ordinarily resident or has his registered
office in Mozambique;
(b) audiovisual works the producer of which is Mozambican or, in the case of a foreign
national, is ordinarily resident or has his registered office in Mozambique;
(c) works published in Mozambique or works first published abroad and issued in
Mozambique;
(d) works of architecture erected in Mozambique;
(e) works entitled to protection under an international treaty to which Mozambique is
party.
(2) All authors shall benefit from the rights provided for in this Law in relation to their
literary, artistic or scientific works, and that benefit shall commence on the creation of the
work, even if it is incomplete.
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Material Scope
4.—(1) This Law shall apply in particular to literary, artistic and scientific works that
are original intellectual creations in the literary, artistic and scientific fields, namely:
(a) written works, including computer programs;
(b) lectures, addresses, sermons and other works consisting of words and expressed
orally;
(c) musical works, with or without accompanying words;
(d) dramatic and dramatico-musical works;
(e) choreographic and mimed works;
(f) audiovisual works;
(g) works of fine art, including drawings, paintings, sculptures, engravings and
lithographs;
(h) works of architecture;
(i) photographic works;
(j) works of applied art;
(k) illustrations, maps, plans, sketches and three-dimensional works relating to
geography, topography, architecture or science;
(l) expressions of folklore.
(2) It shall also apply to derived works that by reason of the selection or arrangement of
their subject matter constitute intellectual creations, namely:
(a) compilations of works;
(b) translations, adaptations, arrangements and other transformations of original works.
Exclusions
5. The protection provided for in this Law shall not apply to:
(a) official texts of a legislative, administrative or judicial nature, or to official
translations thereof;
(b) news of the day and accounts of events that are purely for information;
(c) simple facts and data;
(d) ideas, processes, operational methods or mathematical concepts.
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Chapter II
Copyright
Content of Copyright
6. Copyright comprises rights of an economic character and rights of a personal nature,
which are known as non-economic rights.
Content of Economic Rights
7.—(1) The author of a work has the exclusive right to authorize the following acts:
(a) reproduction of his work;
(b) translation of his work;
(c) preparation of adaptations, arrangements and other transformations of his work;
(d) making copies of his work available for sale to the public, for any other form of
transfer of ownership, for rental and for public lending;
(e) presentation or performance of his work in public;
(f) import or export of copies of his work;
(g) communication of his work to the public for broadcasting by cable or by any other
means.
(2) The rights of rental or lending to the public provided for in paragraph (d) are not
applicable to computer programs if the program itself is not the essential purpose of the rental.
Content of Non-Economic Rights
8. The author of a work has the following non-economic rights:
(a) the right to claim authorship of his work, in particular the right to ensure that, as far
as possible, his name is mentioned in the usual way on copies of the work in relation to every
public use of his or her work;
(b) the right to remain anonymous or to use a pseudonym;
(c) the right to object to any distortion, mutilation or other modification of his work, or
any derogatory action, that might be prejudicial to his honor, or reputation, or to the
authenticity or integrity of the work.
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Chapter III
Limitation of Economic Rights
SECTION I
FREE USE
Reproduction for Private Purposes
9.—(1) It is permitted to reproduce a lawfully published work exclusively for the user’s
private purposes without authorization by the author or payment of remuneration.
(2) The provisions of the preceding paragraph shall not apply to:
(a) the reproduction of works of architecture consisting of buildings or other similar
constructions;
(b) the reprographic reproduction of limited editions of works of three-dimensional art
and the graphic representation of musical works (scores), exercise manuals and other
publications, even if they are used only once;
(c) the reproduction of whole databases or large parts thereof;
(d) the reproduction of computer programs, except as provided for in Article 16;
(e) any other reproduction of a work that might prejudice its normal exploitation or
cause unjustified harm to the legitimate interests of the author.
Reproduction in the Form of a Quotation
10. It is permitted, without authorization by the author or payment of remuneration, to
quote a legitimately published work in another work on condition that the source is
mentioned, and also the author’s name if it appears in the source, provided that the quotation
conforms to normal custom and practice and its extent does not exceed what is necessary to
achieve its purpose.
Use for Educational Purposes
11. It is permitted, without authorization by the author or payment of remuneration, but
without prejudice to the obligation to mention the source and the author’s name if it appears
in the source:
(a) to use a lawfully published work by way of illustration in publications, broadcasts
or audio or video recordings intended for educational purposes;
(b) to reproduce by reprographic means for educational purposes or for examinations
within educational establishments whose activities are not directly or indirectly profit-making
and to the extent justified by the aim to be achieved, isolated articles lawfully published in a
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newspaper or magazine or short extracts from a lawfully published work or short work,
provided that such use conforms to normal custom and practice.
Reprographic Reproduction for Libraries
and Archive Services
12.—(1) A library or archive service whose activities are not directly or indirectly
profit-making may make isolated reprographic reproductions of a work without authorization
by the author or any other owner of copyright.
(2) The provisions of the preceding paragraph shall apply also where the work
reproduced is an article or short work, or a short extract of a written work that is not a
computer program, with or without illustrations, published in a collection of works or in an
edition of a newspaper or magazine, provided that the purpose of the reproduction is to
respond to a request from a natural person and that:
(a) the library or archive service ensures that the copy will be used solely for purposes
of university or private study or research;
(b) the act of reproduction is an isolated case or, if repeated, occurs on separate,
unrelated occasions;
(c) no collective license may be obtained that would allow the use of such copies.
(3) The making of such a copy is authorized when it is intended to preserve, or if
necessary replace, a work in the permanent collection of a library or archive service, on
account of the latter having been lost, destroyed or rendered unusable, provided that:
(a) it is impossible to find such a copy on reasonable terms;
(b) the act of reprographic reproduction is an isolated act or, if repeated, occurs on
separate, unrelated occasions.
Reproduction for Judicial or Administrative Reasons
13. It is permitted, without authorization by the author or payment of remuneration, to
reproduce a work for use in judicial or administrative proceedings, provided that such use is
justified by the purpose for which it is intended.
Reproduction for Purposes of Information
14. It is permitted, without authorization by the author or payment of any remuneration,
but subject to the obligation to mention the source and the author’s name if it appears in the
source:
(a) to reproduce and distribute in the press or to broadcast or communicate to the public
by cable an article on economics, politics or religion published in newspapers or periodical
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reviews, or a broadcast work of similar character, provided that the rights of reproduction,
broadcasting or communication to the public are not expressly reserved;
(b) to reproduce or make available to the public for the purposes of reporting current
events by means of photography, cinematography or video, or by broadcasting or
communication by cable to the public, to the extent justified by the informatory purpose, a
work seen or heard during the said event;
(c) to reproduce in the press, broadcast or communicate to the public speeches, lectures,
addresses, sermons and other similar works delivered in public, as well as speeches made
during legal proceedings, for the purposes of news reporting and to the extent justified by the
purpose, with the authors retaining their right to publish collections of the works.
Use of Images of Works Displayed in Public Places
15. It is permitted, without authorization by the author or payment of any remuneration,
to reproduce, broadcast or communicate by cable to the public the image of a work of
architecture, three-dimensional art, photography or applied art that is permanently located in a
place open to the public, except where the image of the work is the principal subject of such
reproduction or broadcast or communication and is used for commercial purposes.
Reproduction and Adaptation of Computer Programs
16.—(1) The legitimate owner of a copy of a computer program may, without
authorization by the author or payment of separate remuneration, make a copy or adaptation
of that program, provided that the copy or adaptation is:
(a) necessary for the use of the computer program according to the purposes for which
it was obtained;
(b) necessary for purposes of archiving, and for replacing the lawfully held copy in the
event of its being lost, destroyed or rendered unusable.
(2) No copy or adaptation may be made for any purposes other than those provided for
in the preceding paragraph, and any copy or adaptation may be destroyed in the event of
prolonged possession of the copy of the computer program no longer being peaceable.
Temporary Recording by a Broadcasting Organization
17.—(1) A broadcasting organization may, without authorization by the author or
payment of any separate remuneration, make an ephemeral recording for non-commercial
purposes, using its own facilities and for its own broadcasts, of a work that it has the right to
broadcast.
(2) The broadcasting organization must destroy the recording within six months
following its creation, except where a longer period is agreed upon with the author of the
work so recorded.
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(3) A single copy of the recording may however be retained purely for preservation
purposes without such agreement.
Resale and Public Lending
18. It is permitted, without authorization by the author or payment of any remuneration:
(a) to resell or otherwise transfer ownership of the copy of a work, after the first sale or
other transfer thereof, to a library or archive service whose activities are not directly or
indirectly profit-making;
(b) to lend the copy of a written work to the public solely for consultation, provided
that it is not a computer program.
Public Presentation or Performance
19. It is permitted, without authorization by the author or payment of any remuneration,
to present or perform a work that has been publicly disclosed and is not restricted:
(a) on the occasion of official or religious ceremonies to the extent justified by the
nature of those ceremonies;
(b) in the context of the activities of an educational establishment, when the
performance is by the staff and students of the said establishment, and the audience is
composed exclusively of its staff and students, parents, tutors, those responsible for the
education of children or other persons linked to the activities of the establishment.
Import for Personal Purposes
20. A natural person or legal entity is permitted, without authorization by the author or
any other owner of copyright, to import a copy of a work by a natural or legal person for
personal and collective purposes.
SECTION II
EQUITABLE REMUNERATION
Remuneration for Reproduction for Private Purposes
21.—(1) It is permitted, without authorization by the author but subject to payment of
equitable remuneration, to reproduce a legitimately published audiovisual work or the
soundtrack of a work exclusively for the private purposes of the user.
(2) Equitable remuneration for reproduction for private purposes, in the cases provided
for in the preceding paragraph, means payment made by producers and importers of
equipment and physical material used for the reproduction, and received and distributed by
the collective copyright management organization.
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(3) In the absence of agreement between the representatives of the producers and
importers on the one hand and the collective copyright management organization on the other,
the amount of equitable remuneration and the conditions of its payment shall be fixed as
provided in the implementing regulations under this Law.
(4) Fair remuneration to be paid to performers and to producers of phonograms must be
distributed between these groups of rightholders as provided in the implementing regulations
under this Law.
(5) The equipment and the physical material mentioned in paragraph (2) shall be
exempt from payment of equitable remuneration:
(a) if they are for export;
(b) if they cannot be normally used for reproduction of works intended for private
purposes.
Chapter IV
Duration of Protection
Economic Rights and Non-Economic Rights
22.—(1) The protection of economic rights shall expire 70 years after the death of the
author, even in the case of a work disclosed or published posthumously.
(2) The protection of non-economic rights is not limited in time.
(3) After the death of the author, the protection of his rights, whether economic or noneconomic,
may be applied for in court or out of court by the surviving spouse, provided that
he or she is not legally separated on the date of death, or by any descendant, sibling, nephew,
niece or heir of the deceased.
(4) The State entity responsible for the protection of copyright may also legitimately
take judicial or extrajudicial action.
Works of Joint Authorship
23. The economic rights in a work of joint authorship are protected during the lifetime
of the last surviving author, and for a further 70 years following his death.
Anonymous and Pseudonymous Works
24.—(1) The economic rights in a work published anonymously or under a pseudonym
are protected for 70 years from the date on which the work is legally published for the first
time.
(2) The same rights are also protected under the provisions of the preceding paragraph
as from the end of the year in which the work is made accessible or completed.
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(3) In the absence of the dates referred to in the preceding paragraphs, the period shall
commence at the end of the year of completion.
(4) If before the expiry of the periods referred to in the preceding paragraphs the
identity of the author is revealed or left in no doubt, the provisions of the preceding Articles
shall apply.
Collective or Audiovisual Works
25. The economic rights in a collective work and in an audiovisual work are protected
for 70 years after the work is lawfully made public or after its completion.
Works of Applied Art
26. The economic rights in a work of applied art are protected for 70 years from its
completion.
Calculation of Periods
27. For the purposes of this Chapter, the counting of periods starts on the first of
January of the calendar year following the event that gave rise to the right in question and
ends at the close of the calendar year in which the period would normally reach its conclusion.
Chapter V
Ownership of Rights
General Principle
28. The author of a work is the primary owner of the economic and non-economic
rights in the work.
Works of Joint Authorship
29.—(1) The co-authors of a work of joint authorship are the primary co-owners of the
economic and non-economic rights in the work.
(2) If a work of joint authorship can be divided into independent parts that can be
reproduced, performed, presented or used separately, the co-authors may enjoy independent
rights in those parts while remaining co-owners of the whole work.
Collective Works
30. The primary owner of the economic and non-economic rights in a collective work
is the natural person or legal entity on whose initiative and responsibility the work is created,
and in whose name the work is published, disclosed or communicated.
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Works of Folklore
31.—(1) Ownership of the copyright in works of folklore vests in the State, which shall
exercise its rights through the Council of Ministers, without prejudice to the rights of those
who collect, transcribe, arrange or translate them, provided that the collections, arrangements
or translations are original and respect the authenticity of the works.
(2) Copies of works of folklore, as well as transcriptions, translations, arrangements or
other transformations thereof reproduced or executed abroad without authorization by the
competent authority may only be imported or distributed on the national territory with the
authority of the Government body responsible for culture.
Works Created Under a Contract of Employment
32. In the case of a work created by an author for the account of a natural person or
corporate entity under a labor contract in the context of employment, provision of services or
piecework, the primary owner of the economic and non-economic rights is the author, unless
otherwise provided in the contract, but the economic rights in the work shall be considered
transferred to the employer to the extent justified by the normal activities under the contract.
Audiovisual Works
33.—(1) In the case of an audiovisual work, the primary owners of the economic and
non-economic rights are the co-authors of the work, namely the director, the author of the
script and the composer of the music.
(2) The authors of pre-existing works adapted or used for audiovisual works shall enjoy
equal status with the said co-authors.
(3) Unless otherwise stipulated, the contract concluded between the producer of an
audiovisual work and the co-authors of that work who are not the authors of the musical
works included therein implies, as regards the contributions of the co-authors to the
completion of the work, the assignment to the producer of the economic rights of those coauthors
in their contributions.
(4) Unless otherwise stipulated in the contract, the authors retain their economic rights
in other uses of their contributions insofar as they may be used separately from the
audiovisual work.
Presumption of Ownership
34.—(1) The author of a work is presumed to be the person whose name appears on the
work in the usual manner.
(2) In the case of an anonymous or pseudonymous work, except where the pseudonym
leaves no doubt as to the author’s identity, the publisher whose name appears on the work is,
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in the absence of evidence to the contrary, considered the representative of the author, and in
that capacity may protect and ensure the author’s rights.
(3) The provisions of the foregoing paragraph shall cease as soon as the author reveals
his identity and affirms his ownership rights in the work.
(4) The natural person or corporate entity whose name repeatedly appears in an
audiovisual work as being the producer is presumed, in the absence of evidence to the
contrary, to be the producer of the said work.
(5) Any evidence relating to an audiovisual work entered in an international register in
accordance with an international treaty to which Mozambique is party shall be considered
correct except:
(a) where the evidence cannot be valid under domestic law;
(b) where the evidence contradicts other evidence entered in the international register.
Chapter VI
Transfer of Rights
Transfer of Rights
35.—(1) Economic rights are transferable inter vivos or mortis causa.
(2) Economic rights are subject to seizure and confiscation under the provisions of
general law.
(3) Non-economic rights are not transferable inter vivos, but may be transferred by
succession.
Licenses
36.—(1) The author of a work may grant an exclusive or non-exclusive license to a
person or persons for the performance of acts covered by his economic rights.
(2) An exclusive license permits its holder, to the exclusion of any other person,
including the author himself, to perform in the manner permitted the acts to which the license
refers.
(3) A non-exclusive license permits its holder to perform in the manner permitted the
acts to which the license refers at the same time as the author and other holders of nonexclusive
licenses.
(4) Unless stipulated to the contrary, the license shall be presumed non-exclusive.
(5) If the period of validity is not stipulated, the license is presumed to have been
granted for a period of 12 months.
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Forms of Contracts and Licenses
37. Contracts transferring economic rights and the licensing of acts covered by the
economic rights must be set down in writing.
Scope of Transfers and Licenses
38.—(1) The transfer of economic rights and the licensing of acts covered by economic
rights may be restricted to certain specific rights, and restrictions may also apply to the
objectives, duration, geographical scope, breadth and means of exploitation.
(2) In the absence of any mention of the geographical scope of the economic rights
transferred or the license granted, the country in which the act is performed shall be
considered the limit of the transfer or license.
(3) The absence of any mention of the scope or means of exploitation for which the
economic rights have been transferred or the license granted shall be regarded as limiting the
transfer or license to the extent of the means of communication and exploitation necessary for
the objectives envisaged at the time of the transfer or the grant of the license.
Disposal of Originals or Copies of Works
39.—(1) Disposal by the author of the original or a copy of his work for consideration
does not constitute transfer of the relevant economic rights unless otherwise provided in the
contract.
(2) Without prejudice to the foregoing paragraph, the lawful buyer of an original or
copy of a work has the right, unless the contract provides otherwise, to present that original or
copy directly to the public.
(3) The right provided for in the preceding paragraph shall not extend to persons who
have come into possession of originals or copies of a work through rental, public lending or
any other means that does not confer ownership thereof.
TITLE II
RELATED RIGHTS
Chapter I
Scope and Ownership
Scope of Application
40.—(1) This Title applies to performances, productions of phonograms and
videograms and broadcast programs.
(2) The provisions of this Title apply equally when the performers, producers of
phonograms and videograms or broadcasting organizations are of Mozambican nationality.
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Material and Territorial Scope
41.—(1) The provisions of this Title apply to:
(a) performances that take place on national territory, where the performer is a foreign
national;
(b) performances fixed on a phonogram or videogram, as provided in this Law.
(2) They also apply when the initial fixation of sounds is done in Mozambique by a
producer who is a foreign national.
(3) The provisions of this Title also include broadcast programs where:
(a) the registered office of the organization is located on Mozambican territory;
(b) the broadcast program is transmitted from a station situated on Mozambican
territory by a foreign broadcasting organization;
(c) translations, adaptations, arrangements and other transformations of works and
expressions of folklore are recorded in accordance with this Law;
(4) The provisions of this Title also apply to performances, phonograms, videograms
and broadcast programs protected under conventions to which the country is to become party.
(5) The protection of the works mentioned in paragraph (3)(c) of this Article shall be
without prejudice to the protection of the pre-existing works used in their creation.
Powers and Privileges of Owners of Rights
42. The powers and privileges of performers, producers of phonograms and videograms
and broadcasting organizations shall be based on the contract transferring economic rights, on
the license granted by the authors or co-authors and on law.
Right of Authorization of Performers
43.—(1) The performer has the exclusive right to perform or authorize the following
acts:
(a) broadcasting of his performance, except where the broadcast is based on a
recording of the performance made under the provisions of Article 49, or where it is a
rebroadcast authorized by the broadcasting organization that originally broadcast the
performance;
(b) communication to the public of his performance, except where that communication
is done using a recording of the performance or a broadcast of the performance;
(c) recording of his as yet unrecorded performance;
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(d) reproduction of a recording of his performance where the performance is originally
recorded without permission, where the reproduction is done for purposes other than those for
which the performers gave their permission or where the performance was originally recorded
in accordance with Articles 49 to 53 but the reproduction was done for purposes other than
those envisaged in those Articles.
(2) In the absence of agreement to the contrary:
(a) permission to broadcast does not imply permission to allow other broadcasting
organizations to broadcast the performance;
(b) permission to broadcast does not imply permission to record the performance;
(c) permission to broadcast and record the performance does not imply permission to
reproduce the recording;
(d) permission to broadcast and record the performance and to reproduce the recording
does not imply permission to broadcast the performance using that recording or reproductions
thereof.
Right of Authorization of Producers of Phonograms
44. A producer of phonograms has the exclusive right to perform and authorize the
following acts:
(a) direct or indirect reproduction of copies of his phonogram;
(b) recording of his broadcast programs;
(c) reproduction of a recording of his broadcast programs where the recording from
which the reproduction is made was not authorized, or where the broadcast program is
initially recorded.
Chapter II
Remuneration and Free Use
Remuneration for Broadcasting or Communication to the Public
45.—(1) Provided that a phonogram published for commercial purposes or a
reproduction thereof is used directly for broadcasting or communication to the public, a single
amount of equitable remuneration, destined simultaneously for the performers and for the
producer of the phonogram, shall be paid to the said producer by the user.
(2) Payment made for use of the phonogram is shared, in the absence of agreement to
the contrary, 50% by the producer and 50% by the performers. The latter shall share the sum
received from the producer or use it in accordance with agreements existing between them.
(3) Moneys shall be shared between the performers in accordance with contractual
provisions.
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Remuneration for Private Reproduction
46.—(1) The reproduction of a phonogram solely for the purposes of the user is
permitted, without authorization by the performer whose performance is recorded on the
phonogram and without authorization by the producer of the phonogram, subject to the
payment of equitable remuneration to the said party.
(2) The provisions of Article 21(2), (3) and (4) also apply to the equitable remuneration
mentioned in the foregoing paragraph.
Free Use
47. The following acts are permitted without authorization by the holders of the rights
mentioned in Articles 42 and 45 and without payment of remuneration:
(a) private use;
(b) the reporting of current events, provided that only short extracts from a
performance, phonogram or broadcast program are used;
(c) use intended exclusively for education and scientific research;
(d) quotations, in the form of short extracts, from a performance, a phonogram or a
broadcast program, provided that such quotations conform to custom and practice and are
justified by their informatory purpose;
(e) any other uses that by virtue of this Law constitute exceptions in relation to works
protected by copyright.
Use of Performances
48. From the moment that the performers give permission for their performances to be
included in a recording of images and sounds, the provisions of Article 43 are not applicable.
Use for Broadcast Programs
49. Recording or reproduction done by a broadcasting organization using its own
facilities and for its own broadcasts is permitted without authorization by the rightholders
mentioned in Articles 43 and 45, and without payment of remuneration, provided that:
(a) in every broadcast of a recording or performance or reproduction thereof done in
accordance with this Article, the broadcasting organization has the right to broadcast the
performance in question;
(b) in every broadcast of a recording, broadcast or reproduction of such a recording
done in accordance with this Article, the broadcasting organization has the right to broadcast
the program;
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(c) in the case of any recording or reproduction thereof done in accordance with this
Article, the recording and its reproductions are destroyed within a period equal to that
applicable to recordings and reproductions of works protected by copyright under Article
17(2) of this Law, with the exception of a single copy which may be kept exclusively for
archiving purposes.
Chapter III
Duration of Protection and Identification
SECTION I
DURATION OF PROTECTION
Protection of Works of Folklore
50. The protection of works of folklore is not limited in time.
Protection of Performances
51. The term of the protection to be granted to performances provided for in this
Chapter is 50 years from:
(a) the end of the year of recording in the case of performances recorded on a
phonogram;
(b) the end of the year in which the performance takes place in the case of
performances that are not recorded on a phonogram.
Protection of Phonograms
52. The term of the protection to be granted to the phonograms provided for in this
Chapter is 50 years from the end of the year of recording.
Protection of Broadcast Programs
53. The term of the protection to be granted to broadcast programs is 25 years from the
end of the year in which the broadcast took place.
SECTION II
IDENTIFICATION OF PHONOGRAMS
Notice of Protection of Phonograms
54.—(1) All copies of published and marketed phonograms, or the packaging
containing them, must bear a reference consisting of a symbol, accompanied by a mention of
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the year of first publication, affixed in such a way as to show that the protection thereof is
reserved.
(2) Where the copies or their packaging do not allow the producer to be identified by
means of a brand name or any other appropriate designation, the reference must also include
the name of the owner of the producer’s rights.
(3) Where the copies or their packaging do not allow the principal performers to be
identified, the reference must also include the name of the person who, in the country in
which the recording takes place, owns the rights of those performers.
TITLE III
REGISTRATION AND PUBLICITY
Acquisition of Rights
55. The rights of the author, performer or producer are acquired by virtue of the
creation of a work, by contract or by license.
Function and Purpose of Registration
56.—(1) The function of registration is to publicize the work and the protected rights.
(2) The following are subject to registration:
(a) acts that establish, transfer, modify or extinguish copyright;
(b) encumbrances on copyright;
(c) the literary or artistic name;
(d) the title of the work and its author;
(e) seizure and confiscation of copyright.
Clear Evidence
57. The registration certificate constitutes clear evidence in a court of law and may only
be limited where the law so provides.
Reference
58. The rules on registration of works protected under this Law are defined in the
specific implementing provisions.
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TITLE IV
INFRINGEMENT AND PROTECTION
OF COPYRIGHT AND RELATED RIGHTS
Chapter I
Legitimacy
Institution of Legal Proceedings
59.—(1) It is for the injured party or his legal representative to institute legal
proceedings in defense of his infringed rights.
(2) Where the owner of the rights is deceased, action may be brought by any of the
persons mentioned in Article 22(3), in the order therein specified, provided that the
infringement took place within the period of protection by law.
(3) Where the owner of the rights dies while the action is in progress, it shall be
prosecuted by any of the persons referred to in the foregoing paragraph and according to the
conditions set out there.
Chapter II
Infringements of Economic Rights and Sanctions
General Principle
60. Infringement of the rights provided for in this Law is punishable under civil and
criminal law.
Usurpation
61.—(1) The crime of usurpation is committed by a person who, without due
authorization by the author, performer, phonogram producer or broadcasting organization
concerned, uses or exploits the work of another in any of the forms provided for in this Law.
(2) The crime of usurpation is also committed by a person who, without due
authorization by the author, wrongfully discloses or publishes a work not yet disclosed or
published by the author or the owner of the relevant copyright, or not intended to be disclosed
or published, even where it is presented as being by the true author and even where the
disclosure is not done for economic purposes.
(3) Where persons authorized to use or exploit a given work, performance, phonogram
or broadcast program exceed the limits of their authorization, they are guilty of usurpation to
the extent of the excess.
(4) The following are also considered usurpation:
(a) transcriptions of works of others that exceed the limits of unrestricted use;
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(b) the compilation or collection of various of an author’s works, whether published by
him or unpublished, without due authorization.
Infringement
62.—(1) The crime of infringement is committed by a person who fraudulently uses as
being his own creation or performance a work, performance, phonogram or broadcast
program that is a total or partial reproduction of another’s work or performance, whether
disclosed or not, or so similar to it as to have no distinctive character of its own.
(2) Where the reproduction referred to in the foregoing paragraph represents a part or
fraction of the work produced, only that part of the work shall be considered infringed.
(3) For there to be infringement it is not essential that reproduction be made by the
same process or in the same format as the original.
Exclusion
63. The following do not constitute the crime of infringement:
(a) the similarity of duly authorized translations of the same work, or of photographs,
drawings or other forms of representation of the same object where, despite the similarities
due to the identity of the object, each of the works has its own distinctive character;
(b) reproduction by photography, engraving or other technological process, done solely
for the purpose of documenting artistic criticism.
Presumption of Fraud
64. Failure to present the written authority of the author shall be a ground for
presumption of fraud, which however may be refuted by any means permissible in law.
Criminal Sanctions
65.—(1) The crimes of usurpation and infringement referred to in the foregoing
Articles are misdemeanors and punishable in law by imprisonment and corresponding fine.
(2) In the event of a repeat offense, the penalty shall be increased in accordance with
the general provisions of criminal law.
(3) Where the object of economic exploitation is a work not intended to be made
public, and the work is so infringed or modified without authorization by the author that it
loses its essence or offends the honor or reputation of the author, the penalty shall be
increased in accordance with the general provisions of the law.
(4) An author faces imprisonment and a corresponding fine if, having wholly or partly
disposed of the relevant right or having authorized the use of his work by any of the means
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provided for in this Law, he uses or exploits the said work directly and in a manner prejudicial
to third-party rights, except where the parties have agreed thereto.
(5) The sanction provided for in the foregoing paragraph extends to those who sell the
usurped or infringing works or offer them for sale or by any means place them on the market
in Mozambique, knowing them to be so, whether the copies in question were produced in the
country or abroad.
Independence of Action
66.—(1) Action seeking indemnity for losses and damage resulting from any
infringement of copyright is independent of any criminal action and judicial application for
confiscation or for suspension of a show or entertainment provided for below.
(2) A judicial application for confiscation or for suspension of the show or
entertainment may be made jointly with the criminal action.
Chapter III
Infringements of Non-Economic Rights and Sanctions
Violation of Non-Economic Rights
67. The following are liable to the penalties provided for in Article 65:
(a) persons who claim authorship of a work or performance which they know does not
belong to them;
(b) persons who seek to detract from the genuineness or integrity of the work or
performance by committing acts that discredit it and might adversely affect the honor and
reputation of the author or performer;
(c) persons who, being authorized to use another’s work, make alterations, deletions or
additions in that work without the authority of the author or performer that discredit the work
itself or the honor of the said author or performer.
Destruction of a Work
68.—(1) In the event of the author claiming authorship of a work, destruction of the
work shall only be allowed if the infringement committed cannot be remedied by means of
addition or deletion of references in the work to its authorship, or by any other means of
making the facts public.
(2) Where the author defends the integrity of his work, the destruction of copies
distorted or modified in any other way is admissible only where it is impossible to restore
them to their original form at the expense of the person who adulterated them.
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Chapter IV
Special Guarantees for Protecting Infringed Rights
Precautionary Measures
69.—(1) The owner of the copyright in a usurped or infringing work and anybody who
is in any way injured by third parties in the exercise of his rights of use and exploitation of the
intellectual work has the right to resort to the courts to demand that the person responsible for
the damage be prevented from continuing with the unlawful activity, or repeating the
violations committed.
(2) To this end, the court may adopt such measures as it deems necessary to put an end
to the situation that is the de facto cause of the violation and order the confiscation of the
objects by means of which the violation was committed.
Confiscation and Destruction
70.—(1) The owner of the rights provided for in this Law may apply to the court for
confiscation and destruction of the copies of the usurped or infringing work, regardless of the
nature of the work and the manner in which the violation occurred.
(2) Copies or unlawful reproductions shall be confiscated, as shall any equipment or
instruments used for reproducing or disseminating them which, by their nature, could be used
for other unlawful reproduction or dissemination.
(3) The equipment and instruments referred to in the preceding paragraph shall revert to
the State.
Ownership of Confiscated Copies
71.—(1) Copies of the work confiscated under the preceding Article shall remain the
property of the party applying for confiscation.
(2) In the case of a literary or scientific work published by the usurper or infringer, the
applicant has the right to demand from that party the value of the whole edition, less the
confiscated copies, at the price at which the regularly published copies are on sale or at which
they are valued.
(3) If the number of copies fraudulently printed and distributed is unknown, the usurper
or infringer shall pay the equivalent of the cover price of up to 10 times the number of copies
of the print run.
Location of Application for and Execution of Confiscation
72. Confiscation may be applied for in any court in the place where the copies of the
usurped or infringing work were found or put on sale and confiscation shall subsequently be
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effected in any other courts, should it become necessary, by order of the judge who ordered
the original confiscation.
Chapter V
Final Provisions
Management Powers
73. Powers regarding the management of copyright and related rights may be exercised
by the owner thereof or through a duly authorized and legally mandated representative.
Society of Authors
74.—(1) The owners of copyright and related rights may create non-profit-making
societies for the following purposes:
(a) collective management of copyright and related rights;
(b) promotion and defense of the interests of members;
(c) promotion of cultural goods.
(2) The societies referred to in this Article may be designated corporate entities
operating in the public interest.
Settlement of Disputes
75. The settlement of any dispute arising from implementation of the provisions of this
Law that does not affect inalienable rights may be submitted by the parties for arbitration,
mediation and conciliation, as provided in ordinary legislation.
Prevalence of International Law
76. In the event of conflict between the provisions of this Law and those of any
international treaty to which the Republic of Mozambique is party, the provisions of the
international treaty shall be applicable provided that they have been incorporated in domestic
legislation and that they provide for better treatment of the author, producer or performer than
this Law.
Regulatory Competence
77. The Council of Ministers is competent to regulate the implementation of the subject
matter provided for in this Law.
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Revocation
78. The Code of Copyright, approved by Decree-Law No. 46,980 of April 27, 1966,
enacted in Mozambique by Governmental Decree No. 679/71 of December 7, and all
legislation that contradicts this Law, is hereby repealed.
Entry into Force
79. This Law shall enter into force 90 days after its publication.
ANNEX
GLOSSARY
For the purposes of this Law:
1. “author” means the natural person who created the work;
2. “performers” means the actors, singers, musicians, dancers and other persons who
present, sing, recite, declaim, play or in any other way perform literary or artistic works;
3. “communication of a work to the public” means the fact of making the work
accessible to the public by means of its presentation, performance or broadcast otherwise than
through the distribution of copies. Any process necessary and sufficient to make a work
accessible to the public is a communication, even if no member of the public intended to
receive, see or hear the work actually does so;
4. “public communication by cable” means transmission of a work to the public by
wire or by any other physical means;
5. “communication to the public” means transmission by wire or by electromagnetic
waves of sounds and images, or sounds and images of a work, in such a way that they may be
seen or heard by persons outside the confines of a community and its immediate vicinity;
6. “copy” means the result of any act of reproduction or transcription of a work on to
another carrier, whether identical or not;
7. “copy of a phonogram” means a physical medium containing sounds taken directly
or indirectly from a phonogram and incorporating all or a substantial part of the sounds fixed
thereon;
8. “copyright” means the exclusive right of the creator of a literary, artistic or scientific
work to dispose of, enjoy and use the work exclusively or to authorize such enjoyment in
whole or in part. This right comprises economic and non-economic rights;
9. “related rights” or “neighboring rights” means rights for the protection of the
interests of performers, producers of phonograms and broadcasting organizations, with
respect to their activities in relation to the public use of the works of authors, the work of
performing artists of any kind or the transmission to the public of events, information and any
sounds and images;
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10. “economic rights of the author” means the power of the author to dispose of, enjoy
and use the work, including the exclusive facility to exploit it economically and authorize its
enjoyment by third parties in whole or in part;
11. “non-economic rights” or “moral rights” include the right to claim authorship of the
work, to decide on its disclosure, to remain anonymous, to choose a pseudonym, oppose any
unauthorized mutilation or modification of the work, and are inalienable, unrenounceable and
imprescriptible or lifelong in character;
12. “lending” means the transfer of possession of the original or a copy of the work for
a limited time, for non-profit-making purposes, to a public service institution;
13. “expressions of folklore” means productions of elements characteristic of the
traditional artistic heritage, developed and perpetuated by a community or by individuals and
recognized as responding to the wishes of that community, including popular songs, dances
and shows, as well as the artistic expression of rituals and productions of folk art;
14. “recording” means the incorporation of sounds, images or sounds and images in a
physical carrier that is sufficiently permanent or stable to allow them to be seen, heard,
reproduced or in any other way communicated for a reasonable period;
15. “folklore” means works created on the national territory by anonymous authors or
an unknown group, transmitted by successive generations and constituting one of the
fundamental elements of the traditional cultural heritage;
16. “phonogram” means an exclusively audio fixation of sounds created by a
performance, or of other sounds;
17. “rental” means the transfer of possession of the original work or a copy thereof to a
third party for a limited period and for profit-making purposes;
18. “work” means an original intellectual creation in the literary, scientific or artistic
field, however manifested, which is protected as such under the provisions of this Law;
19. “audiovisual work” consists of a sequence of images so connected between
themselves as to give an impression of movement, with or without accompanying sound, and,
when accompanied by sound, capable of being heard;
20. “collective work” means a work created by two or more authors on the initiative or
responsibility of a natural or legal person, who publishes it in his name, in which the
contributions of the authors who participate in its creation are so merged in the whole work on
account of the large number of contributions or their indirect nature that it is not possible to
identify the individual contributions or their authors;
21. “work of applied art” means a two-dimensional or three-dimensional artistic
creation with a utilitarian function or incorporated in a utilitarian article, whether a work of
handicraft or produced by industrial processes;
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22. “work of joint authorship” means a work in the creation of which two or more
authors cooperate, and which is disclosed or published in the name of all or some of the coauthors;
23. “photographic work” means the fixation of light or other radiation on any medium
on which an image is produced, whatever the nature of the chemical, electronic or other
technology by which the recording is done, with the exception of images extracted from an
audiovisual work;
24. “producer of an audiovisual work” means the natural or legal person who takes the
initiative and responsibility for completing the work;
25. “producer of a phonogram” means the natural or legal person who first fixes the
sound or sounds produced by the performance of another sound or other sounds;
26. “computer program” means a set of instructions expressed in words, codes,
diagrams or any other form capable, when incorporated in a machine-readable medium, of
making a computer, or electronic process with data processing capability, perform a task or
achieve a particular result;
27. “published” means that copies of the work have been made available to the public
with the author’s consent, on condition that, due account being taken of the nature of the
work, the number of copies published is sufficient to meet the normal requirements of the
public. A work may also be considered “published” if it is recorded in the memory of a
computer system and made available to the public by any means of retrieval;
28. “broadcasting” means the communication of a work, including presentation,
representation or performance to the public by wireless transmission; “rebroadcast” means the
transmission of a work already broadcast. “Broadcasting” includes transmission by satellite,
which is “broadcasting” after a work is sent to the satellite, including the upward and
downward links, until the work is communicated or made available to the public, even if not
necessarily received by it;
29. “presenting a work” or “performing a work” means reciting, playing, dancing or
interpreting the work, either directly or by means of any device or process, or even in the case
of an audiovisual work showing images in whatever sequence or making the accompanying
sounds audible;
30. “public performance” means the act of reciting, playing, representing or in some
other way interpreting a work, either directly or by means of any device or process, or even,
in the case of an audiovisual work, showing images of the work in sequence or making the
accompanying sounds audible, in one or more places where persons outside the confines of a
community and its immediate vicinity are or may be present, regardless of whether they are or
may be present in the same place and at the same time or in different places and at different
times at which the performance may be perceived, without there necessarily being
communication to the public within the meaning defined above;
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31. “reproduction” means the production of one or more copies of a work or part
thereof in a material form of whatever kind, including audio and video recording. The
production of one or more three-dimensional copies of a work or part thereof in a computer
system, whether in the internal memory of the computer or in an external memory, also
constitutes reproduction;
32. “reprographic reproduction of a work” means the production of facsimile copies of
originals or of copies of the work by means other than painting. The production of reduced or
enlarged facsimile copies is also considered “reprographic reproduction”.
* Portuguese title: Lei n.o 4/2001: Aprova os Direitos de Autor e revoga o Código dos Direitos de Autor aprovado
pelo Decreto-Lei n.o 46 980, de 27 de Abril de 1966.
Entry into force: May 28, 2001.
Source: Boletim da República, 2nd Supplement, February 27, 2001, Ist Series, No. 8, p. 9 et seq.
Note: Translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
Register your author's rights and get the full juridical protection.
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Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.
Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.
2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.
3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.
Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.
Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.
Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.
Article 6. Payment for the Executor’s services. Agreement price.
1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.
2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.
3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.
4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.
5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.
6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.
Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.
Article 8. Information sharing.
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.
Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.
Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which:
a) Agreement in writing is kept in the Executor’s office, and
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.
