WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MAC/C/1
30 March 2000
(00-1303)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal: English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MACAU, CHINA
The present document reproduces the text1 of the Decree-Law 43/99/M of 16 August 1999, as
notified by Macau, China under Article 63.2 of th e Agreement (see document IP/N/1/MAC/1/Rev.1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MACAO, CHINE
Le présent document contient le texte1 du Décret-loi n° 43/99/M du 16 août 1999, notifié par
Macao, Chine au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MAC/1/Rev.1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
MACAO, CHINA
En el presente documento se reproduce el texto1 del Decreto Ley Nº 43/99/M de 16 de agosto
de 1999 notificado por Macao, China, en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/MAC/1/Rev.1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MAC/C/1
Page 2
DECREE-LAW 43/99/M
of August 16, 1999
Copyright in Macao has hitherto been regu lated essentially by Decree-Law No. 46980 of
April 27, 1966, published in the Official Bulletin of January 8, 1972.  Although the 1966 Codeprovides a generous basic framework of legal protection for authors, it is the result of a draft written
to a large extent in the 1950s and is showing clear signs of its advancing years.
The speed of technological development and the introduction of new international standards
in the field of copyright in recent decades have indeed given rise to legal loopholes, only some of
which were filled in by Law No. 4/85/M of November 25, 1985, and Decree No. 17/98/M of May 4,
1998.
The fact that the existing legislation is falling out of step with the present situation is largely
attributable also to the international obligations assumed by Macao on joining the World Trade
Organization.  At the same time it became bound by the Agreement on Trade-Related Aspects of
Intellectual Property Rights, which among other obligations committed the Territory to harmonizationof its domestic legislation with the Paris Act of 1971 of the Berne Convention for the Protection of
Literary and Artistic Works and the Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations, signed in Rome in 1961.
In view of the foregoing, it is necessary to enact new legislation to effect compliance with the
international obligations incumbent on Macao and at the same time respond to the need formodernization that is making itself felt in this area.
Wherefore;Having heard the Consultative Council;The Acting Governor, in accordance with paragraph (1) of Article 13 of the Organizational
Constitution of Macao, decrees the following to have force of law in the Territory of Macao:IP/N/1/MAC/C/1
Page 3
PART I
LITERARY AND ARTISTIC WORKS AND THE COPYRIGHT THEREIN
CHAPTER I
PROTECTED WORKS
Article 1
Definitions
(1) Intellectual creations in the literary, scientific and artistic fields, whatever may be
their type, form of expression, merit, form of communication or purpose, shall be protected by
copyright.
(2) Ideas, processes, systems, operational me thods, concepts, principles or discoveries,
alone and as such, shall not be protected by copyright.
(3) The prerequisite for copyright protection is the outward manifestation of the work,
independently of its disclosure, publication, use or economic exploitation.
(4) A work is original where it is the result of the author’s own creative effort and not
merely the appropriation of another person’s creation.
Article 2
Protected Works
(1) The following in particular are protected works in so far as they are original:
(a) literary, journalistic, scientific and other writings, including computer programs;
(b) lectures, speeches, addresses and sermons;(c) dramatic and dramatico-musical works and the direction thereof;(d) works of choreography or mime that are expressed in written or any other form;(e) musical compositions, with or without words;(f) cinematographic, television, video and other audiovisual works;
(g) works of drawing, tapestry, painting, sculpture, ceramics, glazing, engraving,
lithography and architecture;
(h) photographic works and works produced by processes analogous to photography;
(i) works of applied art, industrial designs or models and designer works that constitute
artistic creations;
(j) illustrations and maps;
(k) plans, sketches and three-dimensional works relating to architecture, geography or
other sciences;
(l) slogans or mottoes, even if of an advertising nature;IP/N/1/MAC/C/1
Page 4
(n) parodies and other literary or musical compositions, even if inspired by the theme or
subject of another work;
(o) databases and other compilations that are original in the arrangement of their subject
matter or the selection of their contents.
(2) Successive editions of a work, even if corrected, expanded, revised or given a new
title or format, shall not constitute works distinct from the original work, nor shall reproductions of
artistic works, even where their dimensions have been changed.
(3) The protection granted to computer databases and other compilations of information
does not include the actual data or material compiled, without prejudice to any rights that may subsistin them.
Article 3
Derived and Composite Works
(1) Derived works are those that result from the alteration of a preexisting work, for
example arrangements, orchestrations, dramatizations, cinema adaptations and translations.
(2) Composite works are those in which a preexisting original work is wholly or partly
incorporated without change.
(3) Derived and composite works are protected in the same way as original works.(4) The protection conferred on derived and composite works shall not prejudice the
protection of the original works altered or incorporated, and shall be independent thereof.
Article 4
Title of the Work
(1) The protection of a disclosed or published work shall extend to the title thereof,
provided that it is distinctive and cannot be confused with the title of any other work of the same
genre by another author.
(2) The following are not distinctive:(a) titles consisting of the generic, necessary or usual designation of the theme or subject
matter of works of a certain kind;
(b) titles consisting solely of the names of historical, literary or mythological characters,
or the names of living persons.
(3) Action may be brought against a person who fraudulently appropriates a title in the
knowledge that a third party is making effective preparations for its use on an unpublished work.
Article 5
Exclusions from Protection
(1) The following are not protected subject matter, without prejudice to the provisions of
the following paragraph:
(a) daily news and reports of miscellaneous events having the character of mere
information, however disclosed;IP/N/1/MAC/C/1
Page 5
(b) petitions, allegations, complaints and other texts submitted in writing or orally to
public authorities or services;
(c) texts presented and speeches given to assemblies or other collegiate, political and
administrative bodies, or in public debates, on topics of common interest;
(d) political speeches.(2) The author of the texts referred to in su bparagraphs (b), (c) and (d) of the foregoing
paragraph shall have the exclusive right to publish them or authorize their publication, either in a
collection or separately.
(3) The use by a third party of the works referred to in paragraph (1), where lawful, shall
be limited to what is required by the objective to be achieved through disclosure.
(4) Communication to the public of the texts referred to in subparagraph (b) of paragraph
(1) shall not be permitted if they are of a confidential nature or if their disclosure might prejudice the
honor or reputation of the author or a third party.
(5) The prohibition provided for in the fore going paragraph shall be lifted where the
person or the third party whose honor or reputation might be prejudiced has given his consent, orwhere a judicial decision to the contrary has been handed down in the face of evidence proving the
existence of legitimate reasons stronger than those underlying the said prohibition.
Article 6
Official Texts
(1) Official texts shall not benefit from protection.(2) Official texts are in particular the texts of treaties, laws and regulations and those of
reports or decisions by authorities of any kind, and translations thereof.
(3) Where the texts referred to in the preceding paragraph incorporate protected works,
these may be used by public services within their area of concern without the author’s consent and
without any right being thereby conferred on him.
CHAPTER II
COPYRIGHT
SECTION I
CONTENT
Article 7
Personal Rights and Economic Rights
(1) The author shall enjoy personal rights and economic rights in the protected work.
(2) The author’s economic rights include the exclusive right:IP/N/1/MAC/C/1
Page 6
(a) to use and economically exploit the work, and to authorize its economic exploitation,
in whole or in part, by a third party;
(b) to receive remuneration for the use that a third party makes of the work, where the
author’s permission for that use is dispensed with by law.
(3) The author’s personal rights include the power:(a) to keep the work unpublished;(b) to claim authorship of the work and to be identified as the author on the original, on
each copy and in any publicity;
(c) to withdraw his works from circulation as provided in Article 48;(d) to ensure the authenticity and integrity of his work and object to any mutilation or
distortion of it and in general to all and any acts that detract from it and might adversely affect hishonor and reputation as an author.
Article 8
Physical Embodiments of Works
(1) The copyright in the work, being incorpor eal, shall be independent of the ownership
rights in the physical material used for its fixation or communication.
(2) The manufacture or acquisition of the material embodiment of a protected work shall
not confer any copyright on the manufacturer or acquirer.
SECTION II
OWNERSHIP OF COPYRIGHT
Article 9
Original Owner and Subsequent Owner
(1) Unless otherwise provided, the original owner of copyright is the intellectual creator
of the work.
(2) It shall be presumed that the intellectual creator of the work is the person named as
such on the work in conformity with current prac tice, or announced as such in connection with any
kind of use or communication to the public.
(3) References to the author in this Decree-Law shall include the original owner and also
the subsequent owner if the rights concerned are transferable, except where the provision concernedstates otherwise.
Article 10
Exemption from Formalities
The recognition of copyright is independent of registration, deposit or any other formality.IP/N/1/MAC/C/1
Page 7
Article 11
Subsidized Works
Any person who in any way either totally or partly subsidizes or finances the preparation,
completion, disclosure or publication of a work shall not thereby acquire any copyright in the saidwork, unless otherwise agreed in writing.
Article 12
Works Created for Others
(1) The ownership of the economic rights in a work made on behalf of another person,
either in fulfillment of official duties or under an employment contract, shall be determined inaccordance with what has been agreed.
(2) In the absence of agreement, it shall be presumed that the owner of the economic
rights in the work is the intellectual creator, without prejudice to the following paragraph.
(3) Where the name of the intellectual creato r is not mentioned in the work or shown in
its customary place, it shall be presumed that the eco nomic rights have been assigned to the entity for
which the work was made.
(4) Where the economic rights have been assigned to the person for whom the work was
made, the intellectual creator shall be entitled to special remuneration in addition to his agreed
remuneration, whether or not the work is actually disclosed or published:
(a) when the intellectual creation has clearly gone beyond the limits of even zealous
discharge of the responsibility or task assigned;
(b) when uses are made of the work or benefits derived from it that were not included
among those envisaged when the remuneration was agreed.
Article 13
Limitations on Use
(1) Where, as provided in the preceding Article, the economic rights in a work created for
another person belong to the intellectual creator, the person on whose behalf the work was made may
only use it for the purpose specified in the relevant agreement or, in the absence of an agreement, for
the purposes for which it was created.
(2) The intellectual creator of a work made for another person may not in any event make
use of the work in any way that would be prejudicial to the purposes for which it was produced.
(3) The right to make changes to a work made on commission shall always be subject to
authorization by the intellectual creator, with the exception of any changes that are essential for the
use of the work according to the purpose for which it was produced.
Article 14
Works of Joint Authorship
(1) Copyright in a work of joint authorship as a whole shall belong to all those who have
collaborated in its making, and the exercise of the rights shall be governed by the rules of joint
ownership, without prejudice to the provisions of paragraph (4) below.IP/N/1/MAC/C/1
Page 8
(2) A work of joint authorship is one created by two or more persons and disclosed or
published in the name of all or some of them, regardless of whether or not the individual contribution
of each creator can be distinguished.
(3) Unless otherwise agreed in writing, the indivisible parts belonging to the co-authors
of a work of joint authorship shall be deemed to be of equal value.
(4) Where a work of joint authorship is disclosed or published only in the name of one or
some of the co-authors and there is no mention of the others in any part of the work, the copyright
concerned is presumed to belong exclusively to the one or to those in whose name the disclosure or
publication took place.
(5) Persons who have simply helped the aut hor produce, disclose or publish the work in
any way shall not be deemed to be co-authors.
Article 15
Individual Rights of the Co-Authors
(1) Any of the co-authors of a work of joint authorship may request the disclosure,
publication, exploitation or modification thereof;  in the event of disagreement, the matter shall be
settled according to the principles of good faith.
(2) Any of the co-authors may individually exercise the rights in his personal
contribution, provided that it can be distinguished and the purposes for which the joint work was
produced are not prejudiced.
Article 16
Collective Works
(1) The original owner of the copyright in  a collective work shall be the person who
organizes and directs its creation and in whose name the work is disclosed or published.
(2) A collective work is a work created by two or more persons but organized on the
initiative of a natural person or a legal entity in whose name it is disclosed or published.
(3) A database shall be presumed to be a collective work.(4) Where it is possible to distinguish the individual contributions of one or some of the
intellectual creators of a collective work, the provisions of paragraph (2) of the preceding Article shallapply to the rights in those personal contributions.
Article 17
Auxiliaries
Any natural or legal person who participates in the production, publication or disclosure of a
protected work in an auxiliary capacity as technician, designer, constructor or the like shall not own
any copyright in the work, without prejudice to any related rights that he might hold.IP/N/1/MAC/C/1
Page 9
CHAPTER III
IDENTITY OF THE AUTHOR, PSEUDONYMS AND STAGE NAMES
Article 18
Names or Pseudonyms
The author may identify himself with his name, in either full abbreviated form, his initials, a
pseudonym or any other conventional sign.
Article 19
Protection of Names
(1) The use of a literary, artistic or scientific pseudonym liable to be confused with
another name previously used in a disclosed or published work, even a work of a different genre, is
not permitted.
(2) Where the author is related by blood or marriage to another previously known by the
same civil name, a distinction may be made between them by the addition to the name of an element
showing the blood or marital relationship.
(3) No one may use , in a work created by him, the name of a person who has not
participated in its creation, even with his consent.
(4) A person prejudiced by the use of a name in a manner contrary to the provisions of
the preceding paragraphs may seek the cessation of that use and adequate legal measures to avoid
confusion in the mind of the public as to the true authorship.
Article 20
Works by Anonymous Authors
(1) Any person who discloses or publishes a work under a name or pseudonym that does
not reveal the author’s identity, or anonymously, shall be deemed to be the author’s representative and
shall be responsible for defending the rights in the said work against third parties.
(2) The preceding paragraph shall not apply where the author has specified otherwise.
(3) The powers of representation referred to in paragraph (1) shall cease as soon as the
author reveals his identity.
CHAPTER IV
LAPSE OF COPYRIGHT
Article 21
General Rule
(1) In the absence of any special provisions, copyright shall lapse 50 years after the death
of the creator of the work, even in the case of works disclosed or published posthumously.
(2) Where the term of copyright is calculated from the date of the publication or
disclosure of the work and the work remains undisclosed and unpublished for the same length of time
counted from the date on which it was made, the term of copyright shall be calculated from the latter
date.IP/N/1/MAC/C/1
Page 10
(3) Copyright terms shall not start until the first day of the year following that in which
the determining event occurred.
Article 22
Works of Joint Authorship, Collective Works and Works Created for Others
(1) Copyright in works of joint authorship as a whole shall lapse 50 years after the death
of the last surviving co-author.
(2) For the purposes of the preceding paragraph, only those persons in whose names the
work has been disclosed or published as provided in paragraph (4) of Article 14 shall be considered
co-authors.
(3) Unless otherwise provided, the copyright in a collective work or accruing to an entity
for which the work has been made shall lapse 50 years after the first disclosure or publication.
(4) The term of the copyright accruing separately to the intellectual creators of a work of
joint authorship or collective work in relation to their recognizably personal contributions shall be that
provided for in paragraph (1) of the preceding Article.
Article 23
Anonymous Works and Works Deemed Anonymous
(1) The copyright in an anonymous work or a work disclosed or published without the
true identity of the author being revealed shall lapse 50 years after the disclosure or publication.
(2) Where the use of a name, while not the author’s own, leaves no doubt as to his
identity or where he reveals it within the period referred to in the preceding paragraph, the term of
protection shall be that granted to works disclosed or published in the author’s own name.
Article 24
Protection of Parts, Volumes or Installments of Works
(1) Where the various parts, volumes or installments of a work are not published
simultaneously, the copyright terms shall calculated separately.
(2) The preceding paragraph shall also apply to issues or installments of a collective
work published periodically, such as a newspaper or magazine.
Article 25
The Public Domain
A work shall fall into the public domain on the expiry of the term of copyright.IP/N/1/MAC/C/1
Page 11
CHAPTER V
TRANSFER AND ASSIGNMENT OF ECONOMIC RIGHTS
Article 26
Disposability of Economic Rights
The original owner of the economic rights, and also his successors or transferees, may:
(a) authorize third-party use of the work;(b) transfer or assign all or some of the said rights.
Article 27
Authorization
(1) The mere authorization granted to a third party to disclose, publish, use or exploit a
work in any way shall not imply transfer of the copyright in it.
(2) The authorization referred to in the preceding paragraph may only be granted in
writing and shall be presumed to be for a consideration and non-exclusive.
(3) The authorization must specify the authorized form of disclosure, publication or use,
and also the relevant conditions of duration, place and remuneration.
(4) Where the authorized form of use is the making of copies for commercial purposes,
the authorization shall contain the following:
(a) the identity of the authorizing and the authorized parties;
(b) the address of the authorizing party;(c) the distinctive identity of the work or works whose reproduction is authorized;(d) the authorized number of copies of the work or, if several works are involved, of each
work;
(e) the duration of the authorization.
Article 28
Limitation of Transfer and Assignment
There may not be any transfer or assignment, either voluntary or enforced, of the economic
rights granted for the exclusive protection of the intellectual creator or of any other rights excluded by
law.
Article 29
Partial Transfer and Assignment
(1) Both the partial transfer and the assignment of economic rights shall be effected in
writing, and the scope of the rights granted shall be determined by the object of the contract.
(2) The corresponding instrument shall specify the subject matter and the conditions
governing the exercise of the rights and, where th e transaction is for a consideration, the amount of
the remuneration.IP/N/1/MAC/C/1
Page 12
(3) Where the transfer or assignment is temporary and no duration has been specified, it
shall be presumed to be 25 years in general and ten years in the case of works of applied art.
(4) The exclusive rights granted shall lapse if the work is not used for a period of seven
years following their grant.
Article 30
Total Transfer
The total transfer of economic rights may only be effected by means of an authenticated
public instrument that identifies the work and specifies the relevant remuneration if the transfer is fora consideration.
Article 31
Assignment of Economic Rights to the Territory
The author of a protected work who assigns his economic rights to the Territory free of
charge is entitled to receive 50 copies of the said work without any payment if it is published.
Article 32
Usufruct
(1) Economic rights may be the subject of legal and voluntary usufruct.(2) The usufructuary may not use the work concerned for any purpose involving its
transformation or alteration without the authorization of the owner of the rights.
Article 33
Copyright as Security
(1) The economic rights in a work may be used as security.(2) In the case of judicial attachment, the measure shall apply specifically to the right or
rights that the debtor has pledged as security in relation to the work or works mentioned.
(3) The creditor shall not acquire any rights in the physical embodiment or embodiments
of the work.
Article 34
Seizure and Attachment
(1) The economic rights in works already published or disclosed may be seized or
attached; the provisions of the preceding Article re garding security shall be observed with respect to
enforcement.
(2) Incomplete manuscripts, sketches, drawings, paintings, sculptures or other original
works shall be exempt from seizure or attachment unless the author offers them or consents thereto.
(3) Where the author, by his direct acts, reveals his intention to disclose or publish the
works referred to in the preceding paragraph, the creditor may effect  seizure or attachment of the
corresponding economic rights.IP/N/1/MAC/C/1
Page 13
Article 35
Advance Disposal of Economic Rights
(1) Transfer or assignment of copyright in future works may only apply to works to be
produced by the author within a maximum period of seven years.
(2) Where a contract specifies  a longer period, it shall be considered limited to the
period specified in the preceding paragraph and the remuneration provided for shall be reduced
accordingly.
(3) Any transfer or assignment of the economic rights in future works without  limitation
in time shall be null and void.
Article 36
Additional Compensation
(1) Where the intellectual creator or his successors, having transferred or assigned the
economic rights in the work for a consideration, suffer a grave economic prejudice as a result of
manifest disproportion between their income and the receipts earned by the beneficiary of the transfer
or assignment, they may demand additional compensation from the beneficiary according to the
results of the economic exploitation.
(2) In the absence of agreement, the additiona l compensation referred to in the preceding
paragraph shall be fixed according to the normal results of economic exploitation of all the  similar
works of the same author.
(3) Where the price of the transfer or assignment of the economic rights in the work is
calculated as a proportion of the income derived by the beneficiary from exploitation, the right to
additional compensation shall apply only where the percentage established is clearly lower than that
customarily paid in transactions of the same nature.
(4) The right to additional compensation shall lapse when the work falls into the public
domain, and in any event where it is not exercised within a period of three years from the date of
awareness of the grave economic prejudice suffered.
Article 37
Economic Rights Forming Part of  an Unclaimed Estate
(1) Where economic rights forming part of  an unclaimed estate are declared to belong to
the Territory, they shall be excluded from the liquidation, but they may be disposed of where the
revenue from the sale of other assets is not sufficient to pay debts.
(2) The work shall fall into the public domain where the Territory has not made or
authorized use of the work within of a period of ten years following the date on which the estate wasdeclared unclaimed.
(3) Where on the death of one of the authors of a work of a joint authorship his estate
reverts to the Territory, the economic rights in the work as a whole shall then belong to the remaining
authors.IP/N/1/MAC/C/1
Page 14
Article 38
Republication of Works Out of Print
(1) Where the subsequent owner of the right of republication refuses to excercise his
right or to authorize republication after the work has gone out of print, any interested party, includingthe Territory, may seek judicial authorization to republish the work.
(2) The judicial authorization shall be granted in so far as the refusal was not based on
reasonable moral or material grounds, excluding financial grounds.
(3) The judicial authorization provided fo r in the preceding two paragraphs shall not
deprive the owner of his right of republication, and he may undertake or authorize future editions.
(4) The provisions of this Article shall not prejudice the owner’s right to be remunerated
for the republication and shall apply, mutatis mutandis, to all forms of reproduction where the
transferee of rights in any work already disclosed or published does not satisfy the reasonable
requirements of the public.
Article 39
Procedure
(1) The judicial authorization provided for in the foregoing Article shall be given in
accordance with the procedure for the granting of consent.
(2) Appeals against the court’s decision shall lie, with staying effect, to the next higher
instance, which shall hand down a final judgment.
Article 40
Usucapion
Copyright shall not be acquired by uscapion.
CHAPTER VI
PERSONAL RIGHTS OF AUTHORS
Article 41
Regime
The author’s personal rights shall be independent of his economic rights, inalienable,
unrenounceable and imprescriptible, and may be exercised after his death as provided in Article 43.
Article 42
Incompetent Author
An incompetent intellectual creator may exerci se the personal rights in his works provided
that he has sufficient natural comprehension for the purpose.IP/N/1/MAC/C/1
Page 15
Article 43
Exercise of Rights After the Author’s Death
After the author’s death, as long as the work does not fall into the public domain, the exercise
of  personal rights shall accrue to his successors.
Article 44
Works of Cultural Value
(1) The Territory may take upon itself, and be responsible for instituting adequate
measures to ensure, the protection of works that have not fallen into the public domain but whose
authenticity or integrity are threatened, after the persons referred to in the foregoing paragraph have
been notified and have failed to protect their works without just grounds.
(2) The Territory shall be responsible for protecting the authenticity and integrity of
works in the public domain.
(3) The entity competent to implement the provisions of this Article shall be designated
by order of the Governor, published in the Official Bulletin.
Article 45
Disclosure and Publication of Works Ne Varietur
Where the author has partly or entirely revised his work and has effected or authorized its
disclosure or publication ne varietur,  his successors or third parties shall not reproduce any of the
previous versions.
Article 46
Amendments and Adaptations
(1) Amendments to the work shall not be permitted without the author’s consent, even
where use of the work is lawful without such consent.
(2) Where a person is authorized to use a given work, it shall be understood that he is
also authorized to make adaptations in the said work which, without detracting from it, are necessary
for its use in the manner authorized.
(3) In the case of anthologies intended for educational purposes, the changes dictated by
those purposes shall be permissible, provided that the author does not object to them under thefollowing paragraph.
(4) The author’s consent shall be requested in a registered letter with acknowledgement
of receipt in which the amendments to be made are explained,  and the author shall have one month
from the date of receipt within which to make his position known.
Article 47
Personal Rights in the Case of Seizure
(1) Where the acquirer of the economic rights in a seized work effects the publication
thereof, the right to correct the work and in general the author’s personal rights shall not be affected.
(2) Where in the case mentioned in the preceding paragraph  the author retains the proofs
without justification for a period exceeding 60 days, printing may proceed without proofreading.IP/N/1/MAC/C/1
Page 16
Article 48
Right of Withdrawal
The author of a disclosed or published work ma y at any time withdraw it from circulation and
discontinue its economic exploitation, in whatever form, provided that he has justifiable moralgrounds for doing so, and compensates third parties for any prejudice caused.
CHAPTER VII
INTERNATIONAL SCOPE OF PROTECTION
Article 49
Territoriality Principle
The law of Macao shall be exclusively applicable when the protection granted to a work in
the Territory is determined.
Article 50
Personal and Material Eligibility
(1) Authors resident in the Territory shall enjoy the protection granted by the law of
Macao.
(2) Authors who are not resident in the Territory shall enjoy the protection accorded to
residents subject to material reciprocity.
(3) The following shall in any case enjoy the protection granted by the law of Macao:(a) works that are first or simultaneously published in Macao;(b) works of architecture built within the Territory;(c) works of art incorporated in buildings erected within the Territory;
(d) audiovisual works produced by residents of the Territory.
Article 51
Term
Where the work originates in another legal system and its author is not resident in the
Territory, the term of protection thereof shall be that specified by this Decree-Law, provided that it
does not exceed that specified by the legal system in which the work originated, as determined by the
following Articles.
Article 52
Origin of a Published Work
(1) The legal system of a published work is that of the place of first publication.
(2) Where a work has been published simultaneously in different places subject to  legal
systems that specify different terms of copyright protection, the legal system that grants the shortest
term protection shall be considered the legal system of origin.IP/N/1/MAC/C/1
Page 17
(3) A work shall be considered published under several legal systems where, within a
period of 30 days from the date of first publication, it is again published in another place subject to a
legal system different from that of the place of first publication.
Article 53
Origin of an Unpublished Work
(1) The legal system of an unpublished work shall be that of the author’s ordinary
residence.
(2) However, in the case of works of architecture and graphic or three-dimensional art,
the legal system of the place in which the said works have been built or are incorporated in a buildingshall be considered the legal system of origin.
Article 54
International Treaties
The provisions of this Chapter shall be without prejudice the application of international
treaties to which the Territory is party.
PART II
USE OF PROTECTED WORKS
CHAPTER I
GENERAL PROVISIONS
Article 55
Exclusive Rights
(1) Unless otherwise provided, the author shall have the exclusive right to use his work,
in whole or in part, including notably the right to disclose, publish and economically exploit it in any
form, either directly or indirectly, within the limits of the law.
(2) The guarantee of the pecuniary benefits deriving from exploitation of the work shall
constitute the basic objective, in economic terms, of legal protection.
Article 56
Forms of Use
(1) Economic exploitation of the work, and its use in general, may take any known or as
yet unknown form according to its type and nature.
(2) The author shall have the exclusive right to choose freely the process and conditions
for the use and economic exploitation of the work.
(3) The author shall in particular have the exclusive right to carry out or authorize the
following:
(a) publication by printing or by any other method of graphic reproduction;
(b) performance, recitation, execution, display or presentation in public;(c) cinematographic reproduction, adaptation, performance, distribution and presentation;IP/N/1/MAC/C/1
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(d) adaptation to any apparatus used for mechanical, electric, electronic or chemical
reproduction and public performance, transmission or retransmission by such means;
(e) dissemination by photography, broadcasting or any other process for reproducing
signs, sounds or images, and communication the publi c by wire or wireless means, including making
the work available to the public in such a way that  they may have access to it in the place and at the
time of their choosing;
(f) distribution to the public of the original or copies of the work by any means,
including, in the case of cinematographic works and computer programs, commercial rental, but
excluding lending;
(g) translation, adaptation, arrangement, setting to music or any other transformation of
the work, without prejudice to the rights of the person who does the transformation work;
(h) any use in another work;(i) total or partial, permanent or temporary, direct or indirect reproduction, whatever the
means by which it is done;
(j) construction of an architectural work according to the relevant plans.(4) The various forms of use and economic exploitation of the work shall be mutually
independent, and the adoption of one of them by the author or an authorized person shall not prejudice
the adoption of the other forms also by the author or by authorized third parties.
(5) Reproduction means the making of copies of a fixation or of a qualitatively or
quantitatively significant part thereof.
(6) The mere similarity of works derived from the same original work, or of
representations of the same subject matter, shall not constitute unlawful use where, in spite of the
similarity attributable to the identity of the origin al work or subject matter, each of the derived works
or representations has an individuality of its own.
Article 57
Publication and Disclosure
(1) The act of lawfully bringing a work to the notice of the public by reproduction of the
physical medium concerned and the supply of copies to that public by any means in such a way as to
meet its requirements, due account being taken of the nature of the work, shall be considered
publication.
(2) The act of lawfully bringing a work to the notice of the public by any means that does
not meet the requirements of the preceding paragraph, for example the performance of a dramatic or
dramatico-musical work, the showing of a cinematographic work, the recitation of a literary work, the
performance of a musical work, transmission or broadcasting, the construction of a work of
architecture or three-dimensional work incorporated therein and the exhibition of any kind of artistic
work, shall be considered disclosure.
(3) Publication and disclosure shall be lawful where authorized by the author or where he
is aware of the acts and does not object to them.IP/N/1/MAC/C/1
Page 19
Article 58
Exhaustion of the Right of Distribution
Any act of disposal of the original or copies of a protected work within the meaning of
subparagraph (f) of Article 56(3) shall cause the exhaustion of the exclusive right of distribution ofthe subject matter concerned, without prejudice to the continued existence of the exclusive right of
commercial rental, if any.
Article 59
Posthumous Works
(1) It shall be for the author’s successors to decide on the use of works not disclosed or
published in his lifetime.
(2) Successors who disclose or publish a posthumous work shall have the same rights in
it as they would have had if the author had disclosed or published the work in his lifetime, without
prejudice to the term of the copyright therein.
(3) Where the successors do not publish or disclose the work within a period of 25 years
from the date of the author’s death, they may not object to its disclosure or publication by third
parties, except in the presence of serious grounds of a moral nature, which shall be evaluated by the
court.
CHAPTER II
PRIVATE USE AND FAIR USE
Article 60
Freedom of Private Use
(1) The private use of protected works shall be free unless otherwise provided.(2) The following in particular shall be considered private use:
(a) reproduction of the work exclusively for the private purposes of the person who does
it;
(b) the performance of a dramatic or dramatico-musical work, the showing of a
cinematographic work, the recitation of a literary work, the performance of a musical work and anyother form of communication of a work already di sclosed or published, when done without gainful
intent and in a place open to the public.
Article 61
Fair Use
The following shall be lawful without the consent of the author:(a) the reproduction in the media, for information purposes, of speeches, addresses and
lectures given in public that do not fall into the categories provided for in Article 5(1), either asexcerpts or in the form of summaries;
(b) the regular selection of articles from printed periodicals in the form of press reviews;IP/N/1/MAC/C/1
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(c) the fixing, reproduction and communication to the public by any means of short
excerpts from works where their inclusion in accounts of current events is justified by the informatory
purpose pursued;
(d) the partial or total reproduction of previously published or disclosed works, provided
that it is done by a public library, non-commercial documentation center or scientific institution and
that the reproduction is not intended for the public and is limited to the requirements of the
institution’s own activities;
(e) partial reproduction by educational establishments that is exclusively for teaching
purposes in those establishments and without gainful intent;
(f) the inclusion in one’s own work of quotations or summaries from another’s, whatever
their nature, in support of one’s own opinions or for the purposes of criticism, discussion or teaching;
(g) the inclusion of short excerpts or parts of another author’s works in one’s own works
intended for teaching;
(h) the performance of musical works or literary-musical works at official events in the
Territory and religious ceremonies, provided that the performers work free of charge and public
access, where permitted, is also free;
(i) the reproduction of news articles and articles on economic, political or religious
topics, provided that such reproduction has not been expressly reserved;
(j) the fixation of works of art located in public places by means of photography,
videography, cinematography or other similar means;
(l) the use of works not available commercially for exclusively scientific, educational
and humanitarian purposes;
(m) use by the courts and other official services in the Territory to the extent strictly
essential to the exercise of their public functions.
Article 62
Limits and Requirements
(1) The private and free use of a protected work shall not prevent its normal economic
exploitation or unjustifiably prejudice the legitimate interests of the author.
(2) The free use referred to in the preceding Article shall be accompanied by the
following:
(a) a mention, where possible, of the author and title of the work;(b) in the case referred to in subparagra ph (d) of the preceding Article, equitable
remuneration payable to the author by the entity that carried out the reproduction.
(3) The works reproduced or quoted under the preceding Article must not be susceptible
of confusion with the works of the person using them, and the reproduction or quotation must not be
so extensive as to prejudice interest in the works.
(4) The author alone has the right to assemble the works mentioned in subparagraphs (a)
and (i) of the preceding Article in a volume.IP/N/1/MAC/C/1
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Article 63
Commentaries, Notes and Discussions
(1) It shall not be permissible to reproduce another author’s work without his permission
on the pretext of commenting on or annotating it, but it shall be lawful to publish separate
commentaries or notes merely with references to chapters, paragraphs or pages of the other author’s
work.
(2) The author who reproduces his articles, letters or other polemic texts published in
newspapers or periodicals may also reproduce articles defending the opposite position, and the
opposing party or parties shall have the same right, even after publication of the articles by the former.
Article 64
Lectures by Professors
(1) Lectures by professors may only be published with the consent of  the author
concerned, even if the lecture is presented in the form of a report on the direct responsibility of the
person publishing it.
(2) Unless otherwise specified, it shall be considered that the authorized publication is
intended solely for the use of students.
Article 65
Use by the Blind
(1) Reproduction or any other non-profit-making use of published works, involving
Braille or another system for the blind, shall be permitted.
(2) Blind persons are entitled to fix the lectures referred to in the preceding Article by
any means for their exclusive use.
Article 66
Legal Right of Transformation
The legal right to use a work without the author’s prior consent includes by implication the
right to transform it, by translation or otherwise, the extent necessary for its authorized use.IP/N/1/MAC/C/1
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CHAPTER III
WORKS AND USES IN PARTICULAR
SECTION I
PUBLICATION
Article 67
Publishing Contracts
A contract by which the author authorizes another to produce, distribute and sell a specified
number of copies of a work or set of works on his own account shall be considered a publishing
contract.
Article 68
Other Contracts
(1) Those contracts shall not be considered publishing contracts under which the author
entrusts another with:
(a) producing on his own account a specified number of copies of a work and ensuring
that they are stocked, distributed and sold, the parties having agreed to share between themselves the
results of the corresponding economic exploitation;
(b) producing  a specified number of copies of a work and ensuring that they are stocked,
distributed and sold on the author’s account and at his risk in exchange for remuneration;
(c) ensuring that copies produced by the author are stocked, distributed and sold in
exchange for remuneration.
(2) The contracts referred to in the preceding paragraph shall be subsidiarily regulated by
the legal provisions governing special partnerships in the case of subparagraph (a), by those governing
contracts for the rendering of services in the case of subparagraphs (b) and (c), and in addition by
usage.
Article 69
Subject Matter
Publishing contracts may have as their subject matter one or more existing or future works,
whether published or not.
Article 70
Form of Contract
(1) The publishing contract shall be drawn up in writing.
(2) Nullity for failure to draw up the contract  in writing may not be invoked by the party
who has been the cause of it, and shall be presumed attributable to the publisher until the opposite is
proved.IP/N/1/MAC/C/1
Page 23
Article 71
Effects of the Contract
(1) The publishing contract shall not transfer any copyright to the publisher or authorize
him to translate the work or to transform or adapt it to other genres or forms of use.
(2) Modernization of the spelling of the text according to the current official rules shall
not be considered modification except where a deliberate choice has been made by the author with
respect to spelling.
(3) Subject to the provisions of Article 83 or any provisions to the contrary, the
publishing contract shall prevent the author from making or authorizing a new edition of the samework in the same language inside or outside the Territory until the previous edition is out of print or
the period prescribed has expired, unless circumstances arise that prejudice interest in the edition and
make revision or updating of the work necessary.
Article 72
Content of the Contract
(1) The publishing contract shall mention the number of editions concerned, the number
of copies in each edition and the unitary public selling price, even approximate.
(2) Where the number of editions is not specified in the contract, the publisher may only
produce one edition.
Article 73
Remuneration
(1) The publishing contract shall be presumed to be for consideration.(2) The author’s remuneration may consist of a lump sum payable for the edition as a
whole, a percentage of the cover price of each copy, the allocation of a certain number of copies or a
consideration based on some other criterion, according to the nature of the work, and a combination of
those forms may be adopted.
(3) In the absence of any stipulation regarding the author’s remuneration, he shall be
entitled to 20 per cent of the cover price of each copy sold.
(4) Where there are two or more authors, th e percentage referred to in the preceding
paragraph shall be shared by them.
(5) Where the remuneration consists of a percentage of the sale price, its calculation shall
take price rises and reductions into account, but the publisher may not, except as provided in Article
85, reduce that price without the author’s consent unless he pays the author the remunerationcorresponding to the original sale price.
Article 74
Obligations of the Author
(1) The author shall provide the publisher with  the means necessary for fulfillment of the
contract, in particular by handing over within the agreed period the original of the work to be
published in a form that enables the publisher to reproduce it.IP/N/1/MAC/C/1
Page 24
(2) The original referred to in the precedin g paragraph shall be the property of the author
and shall be returned to him on completion of publication.
(3) Where the author unjustifiably delays handing over the original so that the
expectations of the publisher are jeopardized, the la tter may terminate the contract without prejudice
to any claim of compensation for losses and damages to which he may be entitled.
(4) The author is obliged to the guarantee the publisher’s exercise of the rights under the
publishing contract against any third-party rights in the work, but not against impediments and
disturbance attributable solely to third parties.
Article 75
Obligations of the Publisher
(1) The publisher is obliged to devote to the production of the edition such care as is
necessary for the  reproduction of the work in accordance with the agreed conditions, and to work
assiduously and diligently on the promotion and marketing of the copies produced.
(2) In the absence of agreement to the contrary  or grounds attributable to the author, the
publisher shall complete the reproduction of the work  within 12 months of receiving the original.
(3) Where the work is on a subject of topical interest or is such that any delay in
publication detracts from its interest or topicality, the publisher shall be obliged to commence
reproduction immediately and to complete it within such a period as will avoid the prejudice due to
such a delay.
(4) The publisher shall identify the author on every copy in the manner chosen by the
latter except where he wishes to remain anonymous.
Article 76
Proofs
(1) The publisher shall provide the author with a set of galley proofs, a set of page proofs
and the draft cover design so that he may correct the layout of the pages and give his opinion on thedraft cover design.
(2) The author shall have the right to make typographical corrections to the galley proofs
or page proofs, and the cost thereof shall be borne by the publisher.
(3) Unless otherwise agreed, the cost of any corrections, amendments or additions to the
text that are not justified by new circumstances shall be borne entirely by the publisher up to a limit of
five per cent of the cost of typesetting, and by the author above that percentage.
(4) Under normal conditions, the author shall return the proofs within a period of 20 days
and the draft cover design within a period of five days.
(5) Where the publisher or author delays in providing or returning the proofs, the party
concerned may call upon the other party, by registered letter with acknowledgement of receipt, to
provide or return the proofs, as the case may be, within a further, unrenewable period.
(6) Where either party fails to meet the deadline imposed on him under the preceding
paragraph, the other may claim compensation for loss and damages caused by the delay in
publication;  where the delay is caused by the author, the publisher may choose publication on the
basis of the revision undertaken by him.IP/N/1/MAC/C/1
Page 25
Article 77
Printing
(1) Printing shall not be done without the author’s consent, subject to paragraph (6) of the
foregoing Article.
(2) The return of the page proofs and the draft cover design, unless accompanied by a
declaration to the contrary, shall constitute authorization to print.
(3) Works shall not be brought on to the market without the author having inspected one
copy thereof.
Article 78
Presentation of Accounts and Payment
(1) The author may demand payment of remuneration on completion of publication,
unless otherwise agreed or where the chosen form of remuneration makes payment dependent on the
subsequent situation, and in particular on the placing of all or some of the copies made on the market.
(2) Where the remuneration payable to the author depends on the result of sales or where
payment is determined by sales development, the publisher shall submit accounts to the author withinthe agreed period, or every six months where none has been agreed, the reference dates being June 30
and December 31 of each year.
(3) For the purposes of the preceding paragraph, the publisher shall send the author,
within 30 days of the end of the period, by registered letter, an account of sales and returns during thesaid period, together with the balance of payment.
Article 79
Author’s Right of Inspection
(1) The author has the right to inspect, either in person or through his representatives, the
number of copies published;  to that end he may demand to examine the publisher’s business papersor resort to another means that does not interfere with the production of copies, such as the placing of
his signature or seal on each such copy.
(2) The author also has the right to inspect the premises on which the work is reproduced
or copies are stored.
Article 80
Excess or Shortage of Copies
(1) Where the publisher produces fewer copies than agreed and refuses to complete the
edition, the author has the right to contract a third party to produce the missing  number of copies at
the publisher’s expense, without prejudice to the his right to compensation for losses and damages.
(2) Where the publisher produces more copies than agreed, the author may claim
compensation for losses and damages or seek legal attachment of the surplus copies and takepossession of them, the publisher having no right in that case to any compensation.
(3) Where the publisher has already sold eith er all or some of the surplus copies, that
shall not prejudice the author’s right to compensation.IP/N/1/MAC/C/1
Page 26
Article 81
Re-editions
(1) Where the publisher has been authorized to publish several editions, the conditions
laid down for the first edition shall apply to subsequent editions in case of doubt.
(2) Before undertaking a new edition, the publisher shall give the author the possibility of
working on the text to make small corrections or refinements that do not constitute substantial
amendment of the work.
(3) The author is entitled to additional remuneration if he agrees with the publisher on
substantial amendments to the work, even where the price has been fixed as a lump sum for alleditions.
(4) The publisher who is obliged to produce successive editions of a work shall produce
them without interruption in such a way that copies are always available on the market.
Article 82
Future Works
(1) The provisions of Article 35 shall apply, mutatis mutandis, to publishing contracts
relating to future works.
(2) Where the publication contract for future works has not specified the time limit for
delivering the work to the publisher, he shall have the right to ask for it to be fixed by the court.
(3) The time limit laid down in the contract  for delivering the work to the publisher may
be extended by the court at the author’s request if there are sufficient grounds for doing so.
(4) Where the work to which the contract relates is to be written as it is published in
volumes or installments, the contract shall specif y approximately the number and the length of the
volumes or installments, with a margin of ten pe r cent more or less being allowed with respect to
length unless otherwise agreed.
(5) The author who exceeds the limits specified in the preceding paragraph without the
publisher’s consent shall not have any right to additional remuneration, and the publisher may refuse
to publish the additional volumes, installments or pages.
(6) Where the publisher exercises his right under the preceding paragraph, the author
may choose to terminate the contract and compensa te the publisher for the expenditure incurred for
the edition and the profits expected from it.  Where sales of the work have already started, the results
achieved shall serve as the basis for calculating compensation.
Article 83
Complete Works
(1) The author who has contracted with one or more publishers for the separate
publication of each of his works retains the right to contract with another publisher for the publication
of a complete edition of his works.
(2) Unless otherwise agreed, the contract for the complete edition shall not authorize the
publisher to publish separately any of the  works contained therein, and shall not prejudice the
author’s right to contract for the separate publication of any of them.IP/N/1/MAC/C/1
Page 27
(3) The author who exercises any of the rights referred to in the preceding paragraphs
shall safeguard the benefits guaranteed to the publisher in the previous contract.
Article 84
Works for Reference or Teaching
(1) Publishers of dictionaries, encyclopedias or educational works may update or
complete such works after the author’s death by means of notes, addenda, footnotes or small
alterations in the text.
(2) Updates and alterations under the foregoing paragraph shall be duly mentioned where
the texts concerned are signed or contain doctrinal material.
Article 85
Sale of Copies at a Reduced Price or by Weight
(1) Where an edition has not gone out of print within the period agreed by the parties or,
in the absence of such agreement, within a period of ten years from the date of publication, the
publisher shall have the right to sell the remaining copies at a reduced price or by weight, or to
destroy them.
(2) The author shall have a preferential right to acquire the copies referred to in the
preceding paragraph.
(3) For the purposes of the preceding paragraph, the publisher shall inform the author, by
registered letter with acknowledgement of receipt, of his intention to sell, stating the price and other
conditions.
(4) On being so informed, the author shall have a period of eight or 30 days within which
to exercise his rights, depending on whether or not he resides on the Territory, without prejudice to
the possibility of being allowed a longer period.
Article 86
Death or De Facto Incapacity of the Author
(1) Where the author dies or is prevented from completing the work after having
delivered a substantial part thereof, his successors or representatives, if any, may terminate the
contract, compensating the publisher for losses or damages.
(2) Where the successors or representatives of the author do not exercise the right given
them in the preceding paragraph within two months after the date of the author’s death or declared
incapacity, the publisher may choose to terminate the contract or consider it fulfilled with respect to
the part delivered, and pay, in the latter case, the corresponding remuneration to the successor or
representative.
(3) Where the author has expressed the desire that the work should not be published
unless complete, the contract shall be terminated and the incomplete work shall not be published
under any circumstances, the publisher having to be reimbursed for any fees he may have paid to the
author.
(4) Only with the written consent of the auth or may the incomplete work be completed
by another person.IP/N/1/MAC/C/1
Page 28
(5) A work completed by another person under the foregoing paragraph may only be
published if a clear distinction is made between the original part and the addition, together with a
mention of the authorship of each part.
Article 87
Transfer of Publishing Rights
(1) The publisher may not, without the author’s consent, transfer his rights and
obligations under the publishing contract to third parties, either free of charge or against payment,
except where the transfer is the result of the transfer of his business establishment.
(2) Where the transfer causes the author a considerable prejudice, he shall have the right
to terminate the publishing contract within a period of three months of  being informed of the transfer,
and the publisher has the right to compensation for losses and damages.
(3) The inclusion of the rights under the publishing contract in the publisher’s share in
the capital of any commercial company shall be deemed to be a transfer of those rights.
(4) The award of the rights under the publishing contract to any of the partners in the
publishing company as a result of a judicial or extrajudicial liquidation shall not be deemed to be a
transfer of those rights.
Article 88
Bankruptcy of the Publisher
(1) Where the realization of assets in the publisher’s bankruptcy proceedings involves the
sale at a reduced price of all or a substantial number of the copies of the published work stocked bythe publisher, the bankruptcy administrator shall in form the author not less than 20 days in advance so
that he may take whatever steps he deems necessary to defend his interests.
(2) The author shall have a preferential right to purchase copies auctioned at the highest
price reached.
Article 89
Termination of the Contract
(1) In addition to other cases specially provided for, the publishing contract may also be
terminated:
(a) by the author, where the publisher does not complete the edition within the period
specified in Article 75;
(b) by either party, where the completion of publication is delayed for more than six
months by a case of force majeure ;
(c) by the author, where a prohibition has been declared and imposed on the publisher;(d) by the author, where on the death of the individual publisher his establishment does
not continue under one or more of his successors;
(e) by the publisher, where the author does not deliver the original of his work by the
time limit agreed;IP/N/1/MAC/C/1
Page 29
(f) by either party, where it is proved that there has been a serious failure to comply with
any of the contractual clauses or any of the directly or subsidiarily applicable legal provisions.
(2) Termination of the contract shall be without prejudice to the liability for losses and
damages of the person responsible.
SECTION II
STAGE PERFORMANCE, RECITATION AND EXECUTION
Article 90
Stage Performance
Stage performance is the presentation before an audience of a dramatic, dramatico-musical,
choreographic, mimed or other similar work by means of dramatic interpretation, singing, dancing or
music or by other appropriate means, either separately or together.
Article 91
Authorization
(1) The stage performance of a protected work, whether on premises to which access is
restricted or without gainful intent, shall be subjec t to the author’s consent, without prejudice to the
provisions of Article 60.
(2) The right of performance shall be deemed to be granted for a consideration, unless it
is granted to amateurs.
Article 92
Filming, Transmission and Reproduction
Authorization by the author shall be necessary for all or part of the stage performance of a
work to be broadcast by radio or television, reproduced on phonograms or videograms, filmed or
shown, without prejudice to any other authorization that might be required.
Article 93
Proof of Authorization by the Author
Where the performance of a work that has not fallen into the public domain requires a license
or administrative authorization, documentary proof th at the author has consented to such performance
shall be shown to the competent authority for it to be obtained.
Article 94
Stage Performance Contract
(1) A contract by which the author authorizes an impresario to promote the performance
of the work in public, and the latter undertakes to do so in accordance with the conditions agreed,
shall be considered a stage performance contract.
(2) The stage performance contract shall be drawn up in writing.(3) The contract shall precisely define the conditions on which the performance of the
work is authorized, and in particular the period of time, the place, the author’s remuneration and the
manner of its payment.IP/N/1/MAC/C/1
Page 30
(4) Unless otherwise agreed, the contract shall not give the impresario the exclusive right
of direct communication of the work by performance, nor shall it prohibit the author from publishing
the work, by printing or reproduction or any other means, even where the work has never before been
disclosed or published.
Article 95
Copyright
(1) Unless otherwise stipulated, the stage performance contract shall give the author the
right:
(a) to make such changes in the work as he deems necessary, independently of the other
party’s consent, provided that they do not prejudice its general structure or detract from its dramatic or
theatrical interest,or prejudice the programming of rehearsals and performances;
(b) to be consulted on casting;
(c) to attend rehearsals and give the necessary guidance regarding interpretation and
direction;
(d) to be consulted regarding the choice of collaborators for the artistic production of the
work;
(e) to object to performance where he does not consider the work sufficiently rehearsed,
provided that  he shall not abuse that right and unjustifiably delay performance, in which case it shall
lawfully proceed and he shall be liable for losses and damages.
(f) to verify the performance in person or through his representative, for which purpose
both shall have free access to the place of performance.
(2) Where it has been agreed in the contract that the performance of the work shall be
entrusted to specific actors or performers, their replacement shall only take place with the consent of
the contracting parties.
Article 96
Obligations of the Impresario
(1) Under the contract the impresario shall undertake to have the work performed in
public within the agreed period, and in the absence of any agreed period within one year from the dateof the conclusion of the contract, except in th e case of dramatico-musical works, where the period
shall be two years.
(2) The impresario shall hold such rehearsals as may be necessary to ensure that the
performance is carried out under satisfactory technical conditions, and in general shall make everyeffort expected of him in the circumstances to ensure the success of the performance.
(3) The impresario may not make any changes to the text supplied to him without
obtaining the author’s consent.
(4) The impresario shall whenever possible post on the premises in advance the program
or other publicity material that shows clearly the title of the work and the identity of the author.IP/N/1/MAC/C/1
Page 31
Article 97
Performance of Unpublished Works
In the case of a work that has not yet been disclosed or published, the impresario may not
disclose it before the first performance, except for publicity purposes according to standard practice.
Article 98
Fraudulent Arrangement or Production of a Performance
(1) Where unannounced works are fraudulently included in the program or works
announced are not included, the said program having been agreed with the authors, the latter have the
right to claim compensation, independently of any other liability that might exist.
(2) The impresario shall not incur any liability or obligation where performers respond to
insistent requests from an audience by performing other works in addition to those listed in the
program.
Article 99
Remuneration
(1) The author’s remuneration for granting the right to perform may consist of a lump
sum, a percentage of the proceeds from performances or a certain sum for each performance, or it maybe determined on another basis laid down in the co ntract; a combination of the said forms may also be
used.
(2) Where remuneration is determined by the proceeds from performances, it shall be
paid within ten days after the relevant performance, unless otherwise agreed.
(3) Where remuneration is determined by the proceeds from each performance, the
author shall have the right to verify those proceeds, either in person or through a representative.
Article 100
Burden of Proof
When the impresario is prosecuted, he shall be under the obligation to prove that he has
obtained the author’s authorization for the performance.
Article 101
Transfer of the Impresario’s Rights
The impresario may not transfer the rights under the stage performance contract without the
author’s consent.IP/N/1/MAC/C/1
Page 32
Article 102
Termination of the Contract
(1) A stage performance contract may be terminated:
(a) in the cases corresponding to subparagraphs (c), (d) and (f) of Article 89(1), subject
to adaptation as necessary;
(b) by the impresario, in the case of obvious and continuous lack of public attendance at
performances;
(c) by the author, if the impresario uses fraudulent methods to conceal the true results of
performances where his remuneration is determined by those results.
(2) Termination of the contract shall be without prejudice to the liability for losses and
damages of the party to whom they are attributable.
Article 103
Recitation and Instrumental Performance
(1) The recitation of a literary work and the performance of a musical or literary-musical
work using instruments or instruments and singers shall be treated as a stage performance.
(2) The provisions on stage performance contracts shall apply to contracts for recitation
or for instrumental performance, provided that they are compatible with the nature of the work and its
use.
(3) The impresario shall give the author or his representative a copy, if there is one, of
the program of a performance consisting in recitation or the playing of music.
(4) The provisions of Article 95 shall not apply to recitation and instrumental
performance.
SECTION III
AUDIOVISUAL WORKS
SUBSECTION I
SCOPE, OWNERSHIP AND REGIME
Article 104
Scope
Audiovisual works means cinematographic works and those expressed by methods analogous
to cinematography, including televised and videographic works.IP/N/1/MAC/C/1
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Article 105
Authorship
The following are deemed to be the authors of an audiovisual work:
(a) the director;
(b) the authors of the plot or the music, where created specially for the audiovisual
production;
(c) the authors of the adaptation where a work not specially created for audiovisual
production is adapted for that kind of use.
Article 106
Lapse of Copyright
The copyright in an audiovisual work shall lapse 50 years after its disclosure.
Article 107
Public Performance
Paragraph (4) of Article 96 and, subject to the necessary adaptation, the regime for recitation
and instrumental performance shall apply to the public showing of audiovisual works.
Article 108
Supplementary Regime
The provisions of the following subsection on cinematographic works shall apply, mutatis
mutandis, to audiovisual works in general.
SUBSECTION II
CINEMATOGRAPHIC WORKS
Article 109
Use of ProtectedWorks
The use of protected works in a cinematographic production shall be subject to authorization
by the authors concerned.
Article 110
Authorization
(1) The authorization granted by the authors of a cinematographic work for the
production concerned shall specify the conditions governing the production and also the distribution
and showing of the film.
(2) The producer shall derive from the authorization of cinimatographic production the
right to produce the negatives, the positives, the copies and the magnetic recordings necessary for theshowing of the works.
(3) Unless expressly agreed otherwise, the authorization referred to in the preceding
paragraph shall also imply authorization to distribu te and show the film in cinemas open to the public,IP/N/1/MAC/C/1
Page 34
and to exploit it commercially by that means, without prejudice to payment of the agreed
remuneration.
(4) Special authorization by the authors of cinematographic works shall be required for
their communication to the public in other forms by wire or wireless means, including radio ortelevision broadcasting, cable distribution or satell ite transmission, as well as for their reproduction,
exploitation or presentation in the form of a videogram.
(5) Broadcasting organizations shall have the right, without the author’s consent, to
communicate all or part of cinematographic works produced by them through their own transmission
channels.
Article 111
Exclusive Rights
(1) Unless otherwise agreed, the authorization given by an author for cinematographic
production of a work, whether specially created for that form of expression or adapted, shall imply thegrant of exclusive rights.
(2) Where the parties are silent, the exclusive rights granted for cinematographic
production shall lapse 25 years after the conclusion of the corresponding contract.
(3) The provision in the preceding paragraph shall not prejudice the rights of the party to
whom the economic exploitation of the film has be en granted to continue to show, reproduce and
distribute it.
Article 112
Economic Exploitation of the Work
(1) Where the authors have expressly or implicitly authorized the showing of the
cinematographic work, the producer has the right to the economic exploitation thereof, without
prejudice to the application of the provision in paragraph (4) of Article 110.
(2) The authors may not prevent the economic exploitation of the entire cinematographic
work as a whole on the ground of violation of their personal rights in the work until a final judicial
ruling has been obtained.
Article 113
Producer
(1) The impresario who organizes the making of the cinematographic work, providing
the necessary resources and assuming the corresponding technical and financial responsibilities, shall
be considered the producer.
(2) The producer shall be identified as such in the film.
(3) Throughout the period of economic exploitation, unless the owners of the copyright
have adopted other means of defending their rights in the cinematographic work, the producer shall be
deemed to be their representative for that purpose,  and he shall report to them on the way in which he
carries out his mandate.
(4) Unless otherwise agreed, it shall be lawful for the producer under contract to the
authors to collaborate with other producers to ensure the production and economic exploitation of the
cinematographic work.IP/N/1/MAC/C/1
Page 35
(5) The producer may also at any time transfer rights and obligations under the contract
with the authors, in whole or in part, to a third pa rty; he shall however remain responsible to them for
the strict fulfillment of the said contract.
Article 114
Time Limit for Fulfillment of the Contract
(1) Where the producer fails to complete production of the cinematographic work within
a period of three years from the date of delivery of the literary and musical parts thereof, or fails to
have the completed work shown within a period of three years from its completion, the author shall
have the right to terminate the contract.
(2) A cinematographic work shall be deemed to be completed when the director and the
producer have agreed on its final version.
Article 115
Identification of the Authors and of the Adapted Work
(1) The names of the authors of the cinematographic work shall appear in the film when
it is shown, together with a mention of the contribution to the work made by each.
(2) Where the cinematographic work is an adaptation of a preexisting work, the title of
the latter shall also be mentioned and its author identified.
Article 116
Transformations
(1) The translation or dubbing or any other transformation of the cinematographic work
shall be subject to written authorization by the authors.
(2) Authorization to show or distribute a film in Macao shall imply authorization to
translate it and subtitle or dub it in one of the official languages of the Territory.
(3) Arrangements contrary to the provisions of the preceding paragraph may be made
except where the law only allows showing of the work after translation or dubbing.
Article 117
Separate Use and Reproduction
The author of the literary part and the composer of the musical part of a cinematographic
work may reproduce and use their contributions separately in any way, provided that this does not
prejudice the economic exploitation of the cinematographic work as a whole.
Article 118
Remuneration
The remuneration of the authors of a cinematographic work may consist of a lump sum, a
percentage of the proceeds derived from the showing of the film or a specified sum for each showing,or it may take any other form agreed upon with the producer.IP/N/1/MAC/C/1
Page 36
Article 119
Proofs, the Original and Copies
(1) The producer shall:
(a) preserve appropriately the original of the cinematographic work, which he shall on no
account destroy;
(b) make copies or proofs of the cinematographic work only to the extent requested.(2) The producer may not, except with the author’s agreement, sell the copies produced
at a reduced price, even on the ground that there is a lack of demand for them.
(3) The provisions of Article 88 on publishing contracts shall apply , mutatis mutandis, to
bankruptcy of the producer.
Article 120
Supplementary Regime
The provisions concerning publishing contracts, amended accordingly, shall apply, mutatis
mutandis, to cinematographic production contracts.
SECTION IV
FIXATION AND PUBLICATION OF PHONOGRAMS AND VIDEOGRAMS
Article 121
Definitions
(1) The contract by which the author allows others to fix the sounds or images of a
protected work and to produce and sell copies of the fixation shall be considered a contract for
phonographic or videographic fixation.
(2) Fixation is the separate or combined incorporation of sounds or images in a
sufficiently stable and durable material medium that allows them to be perceived, reproduced or
communicated in any way for an indefinite time.
(3) Phonograms are recordings of sounds from any source that are fixed in a material
medium.
(4) Videograms are recordings of images from any source, with or without
accompanying sound, which are fixed in a material medium, including copies of cinematographic or
other audiovisual works.
Article 122
Public Performance, Broadcasting and Transmission
The phonographic or videographic fixation and publication contract shall not authorize the
public performance, broadcasting or transmission in any form of the sounds or images of the worksfixed, and shall not prevent the authors from authorizing others to make the uses referred to.IP/N/1/MAC/C/1
Page 37
Article 123
Use of Phonograms and Videograms
The acquisition of copies of phonograms or videograms shall not confer on the acquirer the
right to use them for any kind of public playing or transmission, reproduction or commercial rental.
Article 124
Identification of the Work and the Author
Copies of phonograms and a videograms shall show the title of the work and the identity of
the author, printed either on them or on labels as their nature dictates.
Article 125
Musical Works That Have Already Been Fixed
(1) Independently of the author’s consent, a musical work and the corresponding text that
have been incorporated in a commercial phonographic fixation without opposition from the authormay be fixed and published again.
(2) The author of a work that is fixed and published again under the preceding paragraph
shall be entitled to equitable remuneration.
(3) The author may put an end to economic exploitation where the technical quality of
the fixation referred to in paragraph (1)  jeopardizes the satisfactory communication of the work.
Article 126
Transformation
The adaptation, arrangement or other transformation of any work for the purposes of fixation,
broadcasting, performance or showing by mechanical, phonographic or videographic means shall also
be subject to authorization by the author, who shall specify the purpose or purposes for which the
transformation is intended.
Article 127
Scope
The provisions in this Section shall apply to the reproduction of a protected work by any
process analogous to phonography or videography that already exists or may be invented in the future.
Article 128
Supplementary Regime
The provisions on publishing contracts, shall apply, mutatis mutandis, to phonographic or
videographic fixation contracts.IP/N/1/MAC/C/1
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SECTION V
BROADCASTING OF PROTECTED WORKS AND COMMUNICATION TO THE PUBLIC OF
BROADCAST WORKS
SUBSECTION I
BROADCASTING OF PROTECTED WORKS
Article 129
Authorization for Broadcasting
Broadcasting of protected works shall be subject to authorization by the author.
Article 130
Broadcasting of Fixed Works
Where the work has already been fixed for commercial purposes with the author’s
authorization, and its broadcasting or communication is envisaged, it shall not be necessary to obtain
special authorization for each broadcast, without prejudice to the author’s right to equitable
remuneration.
Article 131
Technical Prerequisites
(1) The owners of the building from which the broadcast is to be made, the impresario
and any other person involved in the making of the broadcast shall allow the installation of the
equipment and the making of the technical tests necessary to ensure transmission quality.
Article 132
Limitations
(1) Mere authorization of broadcasting shall not imply authorization to fix the works
broadcast.
(2) It shall be lawful for broadcasting organizations to fix works for deferred
broadcasting exclusively by their own transmitting stations.
(3) The fixations referred to in the preceding paragraph shall be destroyed within a
maximum period of three months, during which time they shall not be broadcast more than three
times, without prejudice to the author’s remuneration.
(4) Notwithstanding the provisions of paragraphs (1) and (2) and without prejudice to the
copyright, it shall be lawful to preserve fixations of exceptional documentary interest in official
archives or, if they do not exist, in the archives of the Territory’s radio and television organization.
Article 133
Scope of Authorization
(1) Authorization to broadcast a work shall apply to all live or deferred broadcasts carried
out by the transmitting stations of the authorized entity, without prejudice to due remuneration of the
author for each transmission.
(2) A broadcast made at different times owing to programming or technical constraints
by several stations in the Territory that belong to the same broadcasting channel or the same entity
shall not be considered a new transmission.IP/N/1/MAC/C/1
Page 39
(3) Mere authorizations to broadcast shall not cover cable distribution or satellite
transmission, which require special authorization.
Article 134
Identification of the Author of the Broadcast Work
Broadcasts shall identify the author and the title of the work broadcast, with the exception of
cases recognized by standard practice in which the circumstances and requirements of transmission
necessitate the omission of identifying elements.
Article 135
Supplementary Regime
The provisions concerning stage performance contracts shall apply, mutatis mutandis, to
broadcasting and to dissemination by any process for the communications of signals, sounds or
images.
SUBSECTION II
COMMUNICATION OF BROADCAST WORKS TO THE PUBLIC
Article 136
Freedom of Reception
The mere reception of a broadcast work, even a public place, shall not require authorization
by the author or entitle him to any remuneration.
Article 137
Equitable Remuneration
The organization of entertainment consisting in the communication to the public of a
broadcast work by loudspeaker or by any other analogous means of transmitting signals, sounds or
images shall not require authorization by the author but shall entitle him to equitable remuneration.
Article 138
Supplementary Regime
The provisions of Article 131 and the regime applicable to recitation and instrumental
performance shall apply, mutatis mutandis,  to the communication of broadcast works to the public.
SECTION VI
WORKS OF THREE-DIMENSIONAL, GRAPHIC AND APPLIED ART
Article 139
Authors of Works of Architecture and Designer Works
The creators of the overall conception and plans for works of architecture and designer works
shall be considered the authors of such works.IP/N/1/MAC/C/1
Page 40
Article 140
Reproduction
(1) The reproduction of works of three-dimensional, graphic and applied art shall require
authorization by the author.
(2) The provisions on publishing contracts shall apply, mutatis mutandis, to the
reproduction and sale of the works referred to in the preceding paragraph.
(3) The repetition of the building of an architectural work according to the same plan
shall likewise require authorization by the author.
Article 141
Identification of  Works
(1) Authorization for reproduction shall identify precisely the work to be reproduced,
such as by a summary description or a drawing, design or photograph.
(2) Reproductions may not be offered for sale without the author having examined and
approved a copy thereof.
Article 142
Identification of the Author
(1) It shall be mandatory to identify the author on every copy reproduced.(2) In the case of architectural works, it shal l be mandatory to identify the author very
legibly, not only on every copy of architectural studies and plans, but also on the construction site and
the completed building.
Article 143
Models or Instruments Used
(1) Objects that have served as models and anything else used as a basis for reproduction
shall be returned to the author when they are found to be no longer necessary.
(2) Unless otherwise agreed, and provided that the author does not wish to acquire them,
the instruments created specially for the reproduction of the work shall be destroyed or rendered
unusable.
Article 144
Execution of the Plan
(1) The author of an architectural work or of a work of three-dimensional art
incorporated in an architectural work has the right to supervise the construction and execution of his
work at all stages and in every detail in order to ensure that the construction or execution conforms
exactly to the plan, without prejudice to the provisions in the following paragraphs.
(2) The proprietor of a work built or executed according to a plan drawn up by another
person shall be free, either during construction or execution or after completion of the building, to
make such changes to it as he sees fit, but he shal l consult the author of the plan in advance, failing
which he shall pay compensation for losses and damages.IP/N/1/MAC/C/1
Page 41
(3) Where there is no agreement between the proprietor and the author of the  the project,
the latter may repudiate his authorship of the work  as altered, and the owner of the work shall be
prohibited from mentioning the name of the author of the original project for his own benefit.
Article 145
Exhibition of Artistic Works
(1) Only the author may exhibit or authorize another to exhibit his artistic works in
public.
(2) The disposal of an artistic work does not imply transfer of the copyright in it but does
give the acquirer the right, unless otherwise agreed, to exhibit it in public.
Article 146
Liability for Exhibited Works
(1) The entity organizing an exhibition of artistic works shall be liable for the integrity of
the works exhibited and shall insure them against fire, theft or robbery, transport risks and any other
risk of destruction or damage.
(2) The organizing entity shall also keep the exhibited works properly up to the end of
the prescribed period of time prior to their return, and may not remove them from the exhibition sitebefore the close of the exhibition.
Article 147
Extension of Protection
(1) The provisions in this Section shall also apply to scenery and fashion designs,
cartoons for tapestries, models for ceramic panels and enamelled porcelain tiles, stained glass,
mosaics, mural designs in relief, advertising posters and designs, book covers and any graphic
creations that they may embody where they constitute artistic creations.
Article 148
Lapse
The copyright in works of applied art shall lapse 25 years after the completion of the work.
SECTION VII
PHOTOGRAPHIC WORKS
Article 149
Demarcation of Protection
(1) The only photograph that is protected by copyright is that which, by the choice of its
subject or the manner of its execution, may be considered a personal artistic creation of the author.
(2) Photographs that have mere documentary value, such as photographs of writings and
documents, business papers, technical drawings and similar material, shall not be protected.
(3) Stills from cinematographic films shall be considered photographs.IP/N/1/MAC/C/1
Page 42
Article 150
Rights of Others
The copyright in a photographic work shall be understood as being without prejudice to the
provisions regarding the exhibition, reproduction and marketing of portraits or to the copyright in thework photographed.
Article 151
Commissioned Photographs
(1) Unless otherwise agreed, a commissioned photograph may be reproduced or its
reproduction authorized by the person portrayed or by his successors independently of authorizationby the photographer.
(2) Remuneration shall be payable to the author where a reproduction of the portrait,
made by the person photographed or his successors under the foregoing paragraph, has commercial
character.
Article 152
Photographs Published in Periodicals
It shall be lawful, independently of authorization by the author but without prejudice to the
right to remuneration, to reproduce photographs published in newspapers, magazines or other
periodicals where they relate to persons or current events or are of general interest in any way and the
reproduction is intended for inclusion in another similar periodical.
Article 153
Disposal of Negatives
Unless otherwise agreed, disposal of the negatives of a photographic work shall imply
transfer of the economic rights in the work.
Article 154
Compulsory Information
(1) Where the author has affixed his identity or the date on which it was made on the
photograph, that information shall also appear on any reproductions that may be made of it.
(2) Photographs of works of three-dimensional art shall give the name of the author of
the work photographed.
Article 155
Lapse
The copyright in photographic works shall lapse 25 years after their completion, even if they
have never been disclosed or published.
Article 156
Extension
The provisions in this Section shall be applicable to works produced by any means analogous
to photography.IP/N/1/MAC/C/1
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SECTION VIII
TRANSLATIONS AND OTHER DERIVED WORKS
Article 157
Authorization by the Author
(1) The translation of a protected work may only be done or authorized by the author
thereof.
(2) The authorization referred to in the preceding paragraph shall require the written form
and, unless otherwise specified, shall not imply the exclusive grant of translation rights.
(3) The beneficiary of the authorization shal l respect the meaning of the original work.
(4) To the extent necessary for the intended purpose of the translation, it shall be lawful
to make changes to the original work that do not detract from it.
Article 158
Additional Compensation of the Translator
The translator shall have the right to additional compensation where the publisher, the
impresario, the producer or another entity uses the translation in a manner that goes beyond theconditions agreed  upon or laid down in this Decree-Law.
Article 159
Identification of the Translator
The identity of the translator shall appear on the copies of the translated work, on theatre
posters, in the information that accompanies radio and television broadcasts, in film credits and in all
other promotional material.
Article 160
Publication of Translations
(1) The rules on publication contained in Section I of this Chapter, with the exception of
paragraph (3) of Article 73, shall apply, mutatis mutandis,  to the publication of translations, whether
the authorization for translation has been granted to the publisher or to the translator.
(2) The publisher may require the translator to make the necessary changes to ensure
respect for the work translated and, where that implies a particular graphic layout, the conformity of
the translated work with that layout.
(3) If the translator does not make the chan ges referred to in the preceding paragraph
within 30 days, the publisher may have them made.
(4) The publisher may also have the translation revised by another person where the
nature of the work requires special technical knowledge.IP/N/1/MAC/C/1
Page 44
Article 161
Extension
The provisions contained in this Section shall apply, mutatis mutandis,  to any transformation
of a protected work, such as setting to music, orchestration, dramatization and cinema adaptation.
SECTION IX
NEWSPAPERS AND OTHER PERIODICAL PUBLICATIONS
Article 162
Ownership
(1) Newspapers and other periodical publications shall be presumed to be collective
works, and the copyright therein to belong to their proprietors.
(2) The copyright in newspapers and other periodical publications shall not prejudice the
copyright in the individual works that they carry, except as provided in this Section.
Article 163
Titles of Periodicals
(1) The title of a newspaper or other periodical publication that meets the conditions
contained in Article 4 shall be protected in so far as the publication is issued regularly and is
registered with the Publication Information Department as required by the corresponding legislation.
(2) The use by another periodical of a title protected under the preceding paragraph shall
not be permitted until one year has elapsed since the termination of the publication has been
announced, in whatever manner, by the person authorized to do so, or after three years have elapsed
since publication actually ceased.
Article 164
Works Created Under an Employment Contract
(1) Unless otherwise agreed, it shall be presumed that the economic rights in journalistic
works produced in fulfillment of an employment contract and published or disclosed under the name
of their intellectual creator shall belong to the latter.
(2) In the absence of authorization by the owner of the copyright in the newspaper or
periodical concerned, as a collective work, the works referred to in the preceding paragraph may not
be published separately until three months have elapsed since the edition in which they appeared was
placed in circulation.
(3) In the case of works published as a series, the period referred to in the preceding
paragraph shall start on the date of distribution of the issue in which the last work of the series
appeared.
(4) Unless otherwise agreed, the economic rights in journalistic works created in
fulfillment of an employment contract and published or disclosed without the identity of theintellectual creator being mentioned shall be deemed  assigned to the owner of the copyright in the
newspaper or periodical, as a collective work, in which the works appeared, and the intellectual
creator may not publish them separately without the authorization of the said copyright owner.IP/N/1/MAC/C/1
Page 45
Article 165
Works of Independent Collaborators
(1) Unless otherwise agreed, the economic rights in a work produced by an independent
collaborator and carried in newspapers or periodical publications, even where it makes no mention ofauthorship, shall belong to the intellectual crea tor, who alone may reproduce the work or have it
reproduced separately in a similar publication.
(2) Without prejudice to the provisions of the preceding paragraph, the owner of the
copyright in the newspaper or periodical publication that carries the work may reproduce freely the
issues in which the said work was published.
SECTION X
COMPUTER PROGRAMS
Article 166
Subject Matter of Protection
(1) The protection accorded to computer programs shall apply to the expression thereof,
and shall not prejudice the free use of the concepts and principles underlying any elements of the
program, such as the logic, the algorithms or the programming language in which the program iswritten.
(2) For the purposes of protection, the relevant preliminary design material and
corresponding documentation shall be treated as equivalent to a computer program.
Article 167
Personal Rights
The personal rights of the author of a computer program shall not include the faculty referred
to in subparagraph (c) of Article 7(3).
Article 168
Ownership
(1) A computer program produced within an enterprise shall be considered a collective
work.  Where the computer program has been produced for another person or on commission, it shall
be presumed that the rights in it have been assigned to the person for whom it was made or whocommissioned it, unless expressly agreed otherwise or unless the contrary should emerge from the
contract, and without prejudice to the provisions of Article 12(4).
(3) The person who commissions the program or  for whom it is created shall in any case
have the right to make alterations to it, unless expressly agreed otherwise.
Article 169
Renting
Commercial rental may take place without the au thor’s authorization in so far as the computer
program is not the main subject of the contract.IP/N/1/MAC/C/1
Page 46
PART III
RIGHTS RELATED TO COPYRIGHT
CHAPTER I
GENERAL PROVISIONS
Article 170
Scope
Performers, producers of phonograms and videograms, broadcasting organizations and
impresarios shall be protected under the provisions in this Part.
Article 171
Rights in Works Used
The protection of performers, producers of phonograms and videograms, broadcasting
organizations and impresarios shall in no way affect the copyright in works used by them.
Article 172
Exercise of Rights
The provisions on the methods of exercising copyright shall apply as appropriate to the
exercise of related rights.
Article 173
Private Use and Fair Use
The protection afforded by related rights shall not cover:
(a) private use;(b) the use of excerpts from a performance, phonogram, videogram, broadcast or show
for the purpose of information or criticism, or any other among  those permitted by the quotations or
summaries referred to in subparagraph (f) of Article 61;
(c) use for exclusively scientific or educational purposes without gainful intent;(d) ephemeral fixation by a broadcasting organization;
(e) fixations or reproductions made by public bodies or the providers of services for
reasons of special documentary interest or for archives;
(f) other cases in which the use of a work is lawful without the author’s consent.
Article 174
Extension of Protection
(1) Notwithstanding the provisions of Articles 177, 184 and 190, performers, producers
of phonograms or videograms and broadcasting organizations protected by international treatiesapplicable on the Territory shall also enjoy protection under those treaties.
(2) The protection referred to in the preceding paragraph shall be granted subject to
material reciprocity, except where precluded by the treaty.IP/N/1/MAC/C/1
Page 47
Article 175
Presumption of Consent
Where in spite of duly proven diligence on the part of the prospective user, it has not been
possible to reach the owner of related rights, or where the latter has not responded within eight or 20days, depending on whether or not he resides on the Territory, he shall be presumed to have consented
to the use requested, without prejudice to the right to remuneration for that use.
CHAPTER II
PERFORMERS
Article 176
Definition
Performing artists, generically designated as performers, are actors, singers, musicians,
dancers and other persons who present, sing, recite, declaim or in any way perform literary or artisticworks.
Article 177
Conditions for Protection
The protection of performers under this Chapter shall depend on the fulfillment of any of the
following conditions:
(a) the performer is resident on the Territory;
(b) the performance takes place on the Territory;
(c) the performance is fixed on a phonogram or videogram, or the unfixed performance is
included in a broadcast, and the phonogram, videogram or broadcast in question is protected under
this Decree-Law.
Article 178
Rights of Performers
The performer’s authority shall be required for:(a) the broadcasting or the communication to the public, by any means, of his
performance, except where the performances used have already been broadcast or fixed;
(b) the fixation of performances that have never been fixed;(c) the reproduction of a fixation of his performances that has not been authorized where
the reproduction is for purposes different from those agreed to, or where the fixation has been made
under the provisions of Article 173 and the reproduction is for purposes different from those provided
for in that Article.IP/N/1/MAC/C/1
Page 48
Article 179
Authority to Broadcast
(1) In the absence of agreement to the contrary, authority to broadcast a performance
implies authorization of:
(a) the fixation of the performance;(b) the broadcasting and reproduction of the fixations provided for in the preceding
subparagraph;
(c) the broadcasting of the fixations provided for in subparagraph (a) by a broadcasting
organization other than the authorized one.
(2) However, the performer shall be entitled to supplementary remuneration where the
following activities not included in the original contract are undertaken:
(a) rebroadcasting by the authorized broadcasting organization or another;
(b) retransmission within the meaning of paragraph (3) of Article 189;(c) commercialization of fixations made for broadcasting purposes.(3) The rebroadcasting and retransmission of a performance under the preceding
paragraph shall entitle the performers who participated in the rebroadcasting and retransmission to
receive, collectively, 20 per cent of the remuneration originally fixed.
(4) The commercialization referred to in subparagraph (c) of paragraph (2) shall entitle
the performers to receive, collectively, 20 per cent of the amount that the broadcasting organization
which has fixed the performance receives from the purchaser.
(5) The performer may agree with the broadcasting organization on conditions different
from those referred to in the preceding paragraphs, but may not renounce the rights provided for
therein.
Article 180
Identification of  Performers
The performer shall be identified by his name or pseudonym, in full or abbreviated form,
whenever his performances are disclosed, except where otherwise agreed or where such identification
is made unnecessary by the nature of the use, in particular in the case of exclusively aural musical
programs, without any form of graphic expression, and those referred to in Article 134.
Article 181
Representation of Performers
(1) Where several performers participate in a performance, the leader of the group shall,
in the absence of agreement, exercise the relevant rights.
(2) In the absence of a leader of the group, the director shall represent the actors and the
orchestra conductor or choirmaster shall represent the orchestra or the choir respectively.IP/N/1/MAC/C/1
Page 49
Article 182
Lapse
The rights of performers shall lapse 50 years after the performance.
CHAPTER III
PRODUCERS OF PHONOGRAMS AND VIDEOGRAMS
Article 183
Definition
A producer of phonograms and videograms, generi cally designated as a producer, is a natural
or legal person who first fixes, either separately or together and for commercial purposes, sounds and
images from any source.
Article 184
Conditions for Protection
The protection of producers under this Chapter shall depend on the fulfillment of any of the
following conditions:
(a) the producer is resident or effectively domiciled on the Territory;
(b) the fixation of sounds or images, either separately or together, takes place on the
Territory;
(c) the phonogram or videogram is published first, or simultaneously, on the Territory,
simultaneous publication being understood as being the publication referred to in paragraph (3) of
Article 52.
Article 185
Rights of Producers
The producer’s authority shall be required for:
(a) direct or indirect reproduction of the phonogram or videogram;(b) distribution to the public of originals or copies, including commercial rental but
excluding lending;
(c) importation and exportation of copies made without his consent.
Article 186
Reference to Other Provisions
The provisions of paragraphs (2) and (4) of Article 27 and Article 79 shall apply, mutatis
mutandis, to producers and to the authorization of reproduction of phonograms and videograms.IP/N/1/MAC/C/1
Page 50
Article 187
Identification of the Producer
The identity of the producer or of his representative shall appear on each copy of a
phonogram or videogram or on its packaging.
Article 188
Lapse
The rights of producers of phonograms and videograms shall lapse 50 years after fixation.
CHAPTER IV
BROADCASTING ORGANIZATIONS
Article 189
Definitions
(1) A broadcasting organization is an entity that effects transmissions of sound or visual
broadcasts.
(2) Broadcasting means the dissemination of sounds or images, separately or together
and by wire or wireless means, including electromagnetic waves, optic fibers, cable or satellite, for
reception by the public.
(3) Retransmission means the simultaneous transmission by one broadcasting
organization of the broadcast of another broadcasting organization.
Article 190
Conditions for Protection
The protection of broadcasting organizations under this Chapter shall depend on the
fulfillment of one of the following conditions:
(a) the effective seat of the organization is located on the Territory;
(b) the transmission of broadcasts originates in a broadcasting station located on the
Territory.
Article 191
Rights of Broadcasting Organizations
(1) The retransmission of the broadcasts of a broadcasting organization shall be subject
to authorization by that organization.
(2) The broadcasting organization shall also be entitled to equitable remuneration for the
following acts:
(a) the fixation of its broadcasts;(b) the reproduction of fixations of its broadcasts where fixation has not been authorized,
or where the fixation is of an ephemeral nature and the reproduction is intended for purposes different
from those for which the fixation was made;IP/N/1/MAC/C/1
Page 51
(c) the communication of its broadcasts to the public in public places where an admission
fee is charged.
Article 192
Lapse
The rights of broadcasting organizations shall lapse 20 years after the broadcast.
CHAPTER V
ENTERTAINMENT ORGANIZERS
Article 193
Definition
An entertainment organizer is the person who organizes entertainments of any kind, including
artistic productions and sporting events in particular.
Article 194
Rights of Entertainment Organizers
The organizer of entertainments to which access is restricted may prohibit:(a) the filming of performances in any medium without his consent;(b) the mere recording, without his consent, of the musical performance or any other
essentially sound entertainment;
(c) the communication to the public in the course of the performance, without his
consent, of the images and sounds of the performance by broadcasting or any other means.
PART IV
COLLECTIVE MANAGEMENT
Article 195
Collective Management Agencies
Collective management of copyright and related rights may only be exercised by legal
persons with headquarters on the Territory that engage in that activity as their principal objective.
Article 196
Registration of the Agency
(1) Collective management agencies shall be registered with the Department of
Economic Affairs (hereinafter referred to as “the DSE”) at least 30 days before they start to operate.
(2) For the preceding provision to take effect, the collective management agency shall
submit to the DSE:
(a) a certified copy of its statutes, with a mention wherever possible of the holders of the
various administrative positions;IP/N/1/MAC/C/1
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(b) a list of holders of rights and of agencies of the same type located in other legal
systems that it represents or proposes to represent.
Article 197
Representation Before the Court
(1) Collective management agencies shall have the right to bring court action to protect
the legitimate rights and interests of the parties represented by it with respect to copyright and related
rights, except where the said parties object thereto.
(2) Where the litigation concerns the personal rights of the party represented, the
collective management agency may bring court action only on procurement of special powers ofattorney.
Article 198
Obligation to Provide Information
Collective management agencies are obliged to provide any interested party with information
concerning the holders of copyright and related rights that they represent, and also the conditions
governing use of their repertoire.
Article 199
Obligatory Communication
Collective management agencies are obliged to communicate the following to the DSE,
within 30 days after their approval or adoption:
(a) amendments to their statutes;
(b) changes in the composition of their administrative organs;(c) changes in the list of parties that they represent;(d) agreements entered into with other entities of the same type, with entities representing
users or with broadcasting organizations.
Article 200
Certificates and Fees
(1) The DSE shall supply information and shall issue certificates concerning the
registrations provided for in Article 196 and the communications provided for in the preceding Article
to any person who so requests.
(2) The fees payable for registration and for the issue of certificates shall be fixed by
decree of the Governor.IP/N/1/MAC/C/1
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PART V
CRIMINAL AND ADMINISTRATIVE INFRINGEMENTS
CHAPTER I
GENERAL PROVISIONS
Article 201
Determination of Severity of Penalty
When determining the severity of the penalties for the offenses provided for in this Decree-
Law, the court shall have particular regard to the quantity of illegal copies brought into circulation and
the economic benefits gained by the offender.
Article 202
Liability of Legal Persons
(1) With respect to the fines, indemnities and other payments to which offenders are
condemned for infringements provided for in this Decree-Law, legal persons shall be jointly liable
where offenders acted in their name and in the collective interest.
(2) Mere associations and de facto  groupings shall be equivalent to legal persons.
CHAPTER II
ADDITIONAL PENALTIES
Article 203
Applicable Additional Penalties
(1) The following additional penalties may be inflicted with respect to the offenses
referred to in this Decree-Law:
(a) a good conduct bond;
(b) temporary prohibition from exercising certain activities and professions;
(c) temporary closure of establishments;(d) permanent closure of establishments;(e) publication of the sentence.(2) Additional penalties may be combined.
(3) Failure to submit to additional penalties,  even through an intermediary, shall make
the offender guilty of the offenses provided for in Article 317 of the Criminal Code.
Article 204
Commitment to Good Conduct
(1) A good conduct bond obliges the party concerned to deposit for a period of six
months to two years, which shall be specified in the sentence, an amount of 10,000 to 3,000,000
patacas at the discretion of the court.IP/N/1/MAC/C/1
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(2) A good conduct bond shall be ordered as a matter of principle where the court hands
down a suspended sentence.
(3) Where the offender is found guilty of co mmitting any of the offenses provided for in
this Decree-Law within the period set, the bond shall be forfeited to the Territory.
Article 205
Temporary Prohibition from Exercising  Certain Activities or Professions
(1) The court may order temporary prohibition from exercising certain activities or
professions under the following circumstances:
(a) where the offense is committed in flagrant and manifest abuse of the profession, or in
the pursuit of an activity undertaken in execution of a public assignment or with the authorization or
approval of the public authorities;
(b) where an infringer has been previously condemned to additional penalties for an
offense provided for in this Decree-Law, except wher e more than five years have elapsed between the
commission of the two offenses, which period shall not include any time during which the infringer is
deprived of freedom by virtue of a court ruling.
(2) The duration of the prohibition shall be a minimum of two months and a maximum of
two years.
(3) The provisions of paragraphs 3 and 4 of Article 61 of the Criminal Code shall apply
as appropriate.
Article 206
Temporary Closure of Establishments
(1) Temporary closure of establishments  may be ordered for a minimum of one month
and a maximum of one year where the offender is sentenced to imprisonment for more than six
months for an offense provided for in this Decree-Law.
(2) The application of this penalty shall not be obstructed by the transfer of the
establishment or by the assignment of rights of any kind related to the exercise of the profession or
activity, except where the acquirer was acting in good faith at the time of the acquisition.
(3) Temporary closure of establishments shall not constitute a valid reason for the
dismissal of workers, or a basis for suspension or reduction of the payment of relevant remuneration.
Article 207
Permanent Closure of Establishments
(1) Permanent closure of establishments may be ordered under the following
circumstances:
(a) where the offender has been previously sentenced to imprisonment for offenses
provided for in this Decree-Law, and the circumstances show that the previous sentence or sentencesdid not constitute adequate prevention of the offenses;
(b) where the offender has been previously condemned to the penalty of temporary
closure of establishments;IP/N/1/MAC/C/1
Page 55
(c) where the offender is sentenced to impris onment for an offense provided for in this
Decree-Law that has resulted in considerable loss  or damage or affected a large number of persons.
(2) The provisions of paragraph (2) of the preceding Article shall apply to the permanent
closure of establishments.
Article 208
Publication of the Sentence
(1) Where the court imposes the additional penalty of publication of the sentence, that
penalty shall be enforced by the affixing of an official notice and the publication of an announcement
at the expense of the condemned party, and the provisions of the Civil Procedure Law on thesummoning of unreliable persons by publication shall apply, mutatis mutandis .
(2) The publication of the sentence shall be in the form of extracts from the verdict,
which shall include elements of the offense and the sanctions imposed, and also the identity of the
offender or offenders.
(3) The official notice shall be affixed, for a period of no fewer than 15 days, at the
establishment itself or on premises where the acts were committed, in such a way as to be easily
visible to the public.
CHAPTER III
OFFENSES
Article 209
Appropriation of Protected Works
(1) Those who, with intent to cause prejudi ce to others or secure unlawful gains for
themselves or for third parties, make or authorize use, as their own creations, of works that are mere
reproductions, in whole or in part, of the works of others, thereby causing prejudice to the authors
concerned, shall be punished with imprisonment for a term not exceeding three years, or with a fine
not exceeding 360 days.
(2) Where the work appropriated is unpublished, the offense shall be punished with
imprisonment for a term not exceeding four years, or with a fine not exceeding  480 days.
(3) Criminal proceedings shall be initiated on a complaint.
Article 210
Violation of Unpublished Works
(1) Anyone who, knowing or having reason to know the intention of the holder of the
right of publication or disclosure, even where it is a presumed intention, publishes or discloses an
unpublished work against the latter’s wishes, shall be punished with imprisonment for a term not
exceeding one year, or with a fine not exceeding 240 days.
(2) Criminal proceedings shall be initiated on a complaint.
Article 211
Counterfeiting of Protected WorksIP/N/1/MAC/C/1
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(1) Those who, with intent to secure unlawfu l gains for themselves or for third parties,
directly or indirectly reproduce, in whole or in part, on an industrial scale, the protected works,
phonograms or videograms of others without the authority of the holder of the right of reproduction,
shall be punished with imprisonment for one to four years.
(2) The attempt shall also be punishable.
Article 212
Commercialization of  Unlawful Copies
(1) Those who, with intent to secure unlawfu l gains for themselves or for third parties,
knowing or having reason to know of the appropriation or counterfeiting, sell, offer for sale, store,import, export or otherwise distribute on an industrial scale copies of appropriated works or copies of
counterfeited works, phonograms or videograms, whether made inside or outside the Territory, shall
be punished with imprisonment for a term not exceeding two years or with a fine not exceeding 240
days.
(2) The attempt shall also be punishable.
Article 213
Neutralization of Protective Devices
(1) Anyone who, with intent to make or pe rmit others to make unlawful copies, uses,
manufactures, imports or commercializes any equipment designed to neutralize a technical device that
the holders of the right of reproduction of protected works, phonograms or videograms use to prevent
or hamper unauthorized reproduction shall be punished with imprisonment for a term not exceeding
two years or with a fine not exceeding 240 days.
(2) The attempt shall also be punishable.
Article 214
Removal or Alteration of Information
(1) Anyone who, with intent to infringe or pe rmit others to infringe the rights provided
for in this Decree-Law, removes or alters any notice, information or code used by a holder of rights on
the original or copies of a protected work, phonogram or videogram so as to identify that work,
phonogram or videogram, or the rights in it, or the holder of those rights, shall be punished with
imprisonment for a term not exceeding two years or with a fine not exceeding 240 days.
(2) Anyone who, with the same intent, removes or alters any notice, information or code
used by a holder of rights on the original or copies of a protected work, phonogram or videogram so
as to identify the terms on which the work, phonogram or videogram may be used, or the origin of the
copies shall receive the same punishment.
(3) In the cases provided for in the preceding paragraphs, the attempt shall also be
punishable.IP/N/1/MAC/C/1
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CHAPTER IV
ADMINISTRATIVE INFRINGEMENTS
Article 215
Infringements in Collective Management
(1) The exercise of the activity of collective management of copyright and related rights
by a natural person or a legal person domiciled outside the Territory shall be punished with a fine of
50,000 to 500,000 patacas.
(2) The exercise of the activity of collective management of copyright and related rights
by an organization domiciled on the Territory but not registered with the DSE in accordance withArticle 196 shall be punished with a fine of 40,000 to 400,000 patacas.
(3) Failure by a collective management agency to make the obligatory communications
provided for in Article 199 shall be punished with a fine of 10,000 to 40,000 patacas.
Article 216
Repetition of Administrative Infringements
(1) In the event of repetition of the infringements referred to in this Decree-Law, both the
minimum and maximum limits of fines shall doubled.
(2) There shall be repetition where the same infringement is committed less than one year
after a previous one that has given rise to a final condemnatory decision.
Article 217
Competence for Imposition of Fines
The DSE shall be competent to impose fines for the infringements provided for in this
Decree-Law.
Article 218
Payment of Fines
(1) A fine shall be paid within 30 days from the date of notification of the condemnatory
decision imposing it.
(2) Where a fine is not paid within the period specified in the preceding paragraph, it
shall be subject to enforced collection in accordance with taxation procedures, and the certificate
attesting the condemnatory decision imposing it shall serve as a warrant for collection.
(3) Appeals from fines imposed shall lie to the Administrative Tribunal.
Article 219
Destination of Proceeds from Fines
The proceeds from fines imposed and collected under this Decree-Law shall constitute
revenue for the Territory.IP/N/1/MAC/C/1
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PART IV
FINAL PROVISIONS
Article 220
Protection Under Other Legal Provisions
The provisions of this Decree-Law shall not prejudice the protection provided under unfair
competition, industrial property or any other legislation.
Article 221
Application in Time
(1) The protection provided by this Decree-Law shall cover the works, phonograms,
videograms, performances and broadcasts whose term of protection under it has not expired, without
prejudice to legal transactions validly conducted under the previous legislation.
(2) The protection of entertainment organizers shall cover only those performances that
take place after the entry into force of this Decree-Law.
(3) The exclusive rights of commercial rental provided for in this Decree-Law shall cover
only those copies acquired by the renter after January 1, 2000.
Article 222
Legislation Repealed
(1) Decree-Law No. 46980 of April 27, 1966, as extended to Macao by Order No. 679/71
of December 7, 1971, both of which were published in the Official Bulletin on January 8, 1972, ishereby repealed.
(2) The following are also repealed:(a) Articles 65 to 68 of Decree-Law No. 13725 of May 27, 1927, as extended to Macao
by the Declaration of the Directorate General of the Central Services of the Ministry of Colonies of
April 29, 1930, and published in the Official Bulletin on June 21, 1930;
(b) Decree-Law No. 19/85/M of March 9, 1985;(c) Law No. 4/85/M of November 25, 1985;
(d) Article 2 of Decree-Law No. 17/98/M of May 4, 1998.
Article 223
Entry into Force
This Decree-Law shall enter into force on October 1, 1999.
Approved on July 30, 1999.Publication is hereby ordered.Acting Governor: Vitor Rodrigues Pessoa.
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