IP/N/1/MAC/C/1/Rev.1/Add.1  
 
22 April 2014  
(14-2453)  Page: 1/68  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
MACAO, CHINA 
 
Addendum 
  The present document reproduces the text
1, as notified by the Delegation of Macao, China on 
17 October 2012 and 5 March 2014 under Article 63.2 of the Agreeme nt, of Law No. 5/2012 
containing the amendments to its Copyright and Related Rights Code. 
 
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 
 
M
ACAO, CHINE 
 
Addendum 
 
 Le présent document contient le texte
1 notifié par la délégation de Macao, Chine le 
17 octobre 2012 et le 5 mars 2014 au titre de l'article 63:2 de l'Accord, de la Loi n° 5/2012 
contenant les modifications apportées au Code du droit d'auteur et des droits connexes.  
 
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 
 
M
ACAO, CHINA 
 
Addendum 
 
 
En el presente documento se reproduce el texto1, notificado por la Delegación de Macao, China el 
17 de octubre de 2012 y el 5 de marzo de 2014 en vi rtud del párrafo 2 del artículo 63 del Acuerdo, 
correspondiente a la Ley N° 5/2012, en la que figuran las modificaciones introducidas en el Código 
de Derecho de Autor y Derechos Conexos. 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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MACAO SPECIAL ADMINISTRATIVE REGION 
 
Law no. 5/2012 
 
Amendment to the regime of copyright and related rights 
 
  The Legislative Assembly decrees, in accordance  with paragraph 1 of article 71 of the Basic 
Law of the Macao Special Administrative Region, to be applied as law, the following: 
  
Article 1 
Object 
 
This law amends the regime of copyright and related rights, approved by Decree-Law 
no. 43/99/M, of August 16, adapting it to the international standards of protection arising from the characteristics of the information society. 
 
 
Article 2 
Amendment to Decree-Law no. 43/99/M, of August 16 
 
Articles 1, 2, 56, 58, 61, 62, 63, 92, 110, 121, 123, 124, 169, 173, 178, 179, 180, 182, 185, 
188, 192, 200, 201, 203 and 216 of Decree-Law no . 43/99/M, of August 16, shall be amended as 
follows: 
"Article 1 
Scope of Protection 
(1)    [...]. 
 
(2)    [...].  
(3)    [...]. 
 (4)    [...]. 
 
Article 2 
Protected Works 
 
(1)  The works that shall be protected, provided that they are originals, are namely the 
following: 
 
(a)  texts of a literary, journalistic, scientific or any other nature, including computer 
programs; 
 
(b)  [...]; 
 (c)  [...];  
(d)  [...]; 
 (e)  [...]; 
 
(f)  [...];  
(g)  [...]; 
 (h)  [...];  
(i)  [...]; IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(j)  [...];  (l)  [...]; 
 
(m)  [...];  
(n)  [...]; 
 (o)  [...].  
(2)  [...]. 
 (3)  [...]. 
 
Article 56 
Forms of Use 
 
(1)  [...].  (2)  [...]. 
 
(3)  The author shall have the exclusive right to carry out or to authorize, in particular:  
(a)  publication of the work; 
 (b)  [...]; 
 
(c)  [...];  (d)  [...]; 
 
(e)  dissemination by photography, broadcast or by any other process of reproduction of 
signs, sounds or images; 
 
(f)  communication to the public, by wired or wireless means, including making the work 
available to the public in a manner that enables members of the public to have access to it from a 
place and at a time that they individually choose; 
 (g)  distribution of the original or of copies of the work to the public, by means of sale or 
any other form of transfer of ownership; 
 
(h)  [preceding subparagraph g)];  
(i)  [preceding subparagraph h)]; 
 (j)  reproduction of the work; 
 
(l)  [preceding subparagraph j)];  (m)  rental to the public of the original or of copies of the work, with commercial purposes. 
 
(4)  [...];  
(5)  The mere provision of material means or  of the premises necessary to carry out the 
communication shall not be deemed to be communication to the public. 
 
(6)  Reproduction consists in the production of copies of a work or of a significant 
quantitative or qualitative part of it, in a permanent or temporary manner, directly or indirectly, regardless of the method by which it is made, including the storage in electronic support of a work in digital format. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (7)  It shall not be deemed as reproduction th e production of temporary or incidental copies, 
devoid of a separate economic value, which are an integral part of a technological process intended to allow its legal use or to allow its transmission, between third parties within a network, through an intermediary, in particular a telecommunications operator. 
 
(8)  [preceding paragraph 6)]. 
 
 
Article 58 
Exhaustion of Right of Distribution  
 
A sale or any other form of transfer of ownership, by the holder of the copyright, of the 
material supports of the protected work shall exhaust the exclusive right of distribution to the public of such objects, but shall not affect the continuation of the right of rental to the public, with 
commercial purposes. 
  
Article 61 
Free Use 
 
It shall be lawful, without the consent of the author: 
 
(a)  [...];  
(b)  [...]; 
 (c)  The fixation, reproduction and communi cation to the public , by any means, of 
fragments of works, whenever their inclusion in reports of current events is justified by the 
information purpose being pursued; 
 (d)  The total or partial reproduction of a work that has been previously published or 
released, whenever it is performed by a library, museum, documentation center or a scientific 
institution and the reproduction is not intended for the general public and is limited to the needs of the institution's own activities; 
 
(e)  The partial reproduction of a work that has been previously published or released, 
whenever it is performed by an educational establishment and the reproduction is intended 
exclusively for non-profit making purposes of the education provided in such establishment; 
 (f)  Making available to the public a work which is part of the collection of a library, 
museum, documentation center, scientific institution or educational establishment, whenever 
carried out by them by means of computer terminal s installed at their respective premises or by a 
computer network of reserved access and without lucrative purposes; 
 
(g)  [preceding subparagraph f)]; 
 (h)  [preceding subparagraph g)]; 
 
(i)  [preceding subparagraph h)];  (j)  [preceding subparagraph i)]; 
 
(l)  [preceding subparagraph j)];  
(m)  [preceding subparagraph l)]; 
 (n)  [preceding subparagraph m)]. 
 
  IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  Article 62 
Limits and Requirements 
 
(1)  The free use of a protected work must not obstruct its normal economic exploitation nor 
harm in an unjustifiable manner the legitimate interests of the author. 
 (2)  The use of the work in accordance with  the preceding Article shall be accompanied, 
whenever possible, by the identification of the author and the title of the work. 
 (3)  [...].  
(4)  Only the author has the right to collect in volumes the works referred to in 
subparagraphs a) and j) of the preceding Article. 
 
 
Article 63 
Commentaries, Annotations and Polemics 
 
(1)  The reproduction of works of other pe rsons under the pretext of a commentary or 
annotation is not permitted without authorization of the author; however, it is lawful to publish own commentaries or annotations with reference to parts of the work of other person. 
 
(2)  An author who reproduces his articles, letters or other texts of controversy previously 
published may reproduce also the adverse texts, an d the opponent shall have an equal right, even 
after the publication made by the former. 
 
 
Article 92 
Filming, Transmission and Reproduction 
 
Without prejudice to other authorizations that may be required, the authorization of the 
author is necessary to enable the stage performanc e of the work to be transmitted by broadcast or 
filmed, in whole or in part, as well as for the reproduction or exhibition of such fixation. 
 
 
Article 110 
Authorizations 
 
(1)  The authorization granted by the authors of a cinematographic work for the respective 
production should specify the conditions of production, as well as those of distribution and exhibition of the work. 
 
(2)  An authorization for the cinematographic production derives for the producer a right to 
fix the work, as well as to produce the copies  and the records necessary for its exhibition. 
 
(3)  [...].  
(4)  [...]. 
 (5)  [...].  
 
 
Article 121 
Contract for Fixation and Phonographic or Video Edition 
 
It is considered of fixation and phonographic or videographic edition a contract by which 
an author authorizes others to fix and to reproduce the sounds or images of a protected work and 
to sell copies of the fixation.   IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  Article 123 
Use of Copy of Fixation 
 
The acquisition of a copy of the fixation does not grant to the purchaser the right to use it for 
any purposes of public execution or transmission, reproduction or rental to the public, with 
commercial purposes. 
 
 
Article 124 
Identification of Work and Author 
 
The copies of the fixation distributed to the public shall contain the identification of the work 
and the author.  
 
Article 169 
Free Acts Relating to Computer Programs 
 
(1)  The rental to the public, with commercial purposes, shall not depend upon authorization 
of the author whenever the computer program is not the main object of the contract. 
 
(2)  Whenever carried out by persons who have legitimately acquired a copy of the 
program, it also shall not depend upon authoriz ation of the respective author its reproduction, 
translation or adaptation which are necessary to:  
 
(a)  Use the program for the purposes for which it was created;  
(b)  Produce a backup or support copy; 
 (c)  Correct program errors;  
(d)  Observe, study or test the functioning of the program; 
 (e)  Obtain information that is essential for the creation of other original programs, 
compatible and inter-operable with the former, provided that such information is not easily 
available to the public. 
 
(3)  The provisions of the preceding paragraphs  may not be set aside by contractual clauses 
and are to be understood without prejudice to the provisions of Articles 60 to 62. 
 
 
Article 173 
Private Use and Free Use 
 
The protection granted by the rights provid ed for in this Title does not include: 
 (a)  Private use; 
 
(b)  The use of short excerpts of a performanc e, phonogram or videogram, or the sounds or 
images of a show, for purposes of information or critique; 
 
(c)  The use intended for exclusively non-profit scientific or educational purposes; 
 (d)  A temporary fixation made by a br oadcaster, for use in its broadcasts; 
 
(e)  The fixation or reproduction performed by a public entity, or concessionaire of public 
services, for reasons of special documentary interest or for archive; 
 
(f)  The use of a performance, phonogram, videogram or broadcast, regardless of the 
consent of the holder of the respective related righ t, in circumstances where it is lawful to use a 
protected work irrespective of the consent of the author. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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Article 178 
Economic Rights of Performers 
 
It shall depend upon authorization of the performer: 
 (a)  The broadcast or communication to the pub lic of their unfixed performances, except in 
the case of performances already previously broadcast; 
 (b)  The fixation of their performances;  
(c)  The reproduction, by any means, of th eir performances fixed in phonograms or 
videograms; 
 
(d)  The distribution to the public of their performances fixed in phonograms or videograms, 
through sale or other form of transfer of ownership; 
 
(e)  The rental to the public, with commercial purposes, of their performances fixed in 
phonograms or videograms; 
 (f)  Making available to the public, by wired or wireless means, their performances fixed in 
phonograms or videograms, so that members of the public may have access to them from a place 
and at a time individually chosen. 
 
 
Article 179 
Authorization for Broadcast 
 
(1)  [...].  (2)  The performer is, however, entitled to a dditional compensation whenever the following 
operations, not provided for in the initial contract, are carried out: 
 (a)  [...]; 
 
(b)  The retransmission;  
(c)  [...]. 
 (3)  [...].  
(4)  [...]. 
 (5)  [...]. 
 
 
Article 180 
Personal Rights of Performers 
 
(1)  The performer shall have, in relation to his performances, live or fixed in a phonogram 
or videogram, the right:  
 
(a)  To be recognized and identified as the respective performer or executor, except in the 
cases where the circumstances or needs of the form  of use of the performance justify that such 
identification be omitted, such as in the case of  radio programs and similar of a exclusively musical 
nature and without any form of locution; 
 
(b)  To object to any distortion, mutilation or other modification that is harmful to his 
reputation. 
 (2)  The rights referred to in the preceding paragraph are inalienable. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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Article 182 
Lapse 
 
The rights of the performers shall lapse 50 years after the end of the year in which the 
performance was fixed in the phonogram or videogram. 
 
 
Article 185 
Rights of Producers 
 
The following shall depend upon authorization of the producer: 
 (a)  The reproduction by any means, directly or indirectly, of their phonograms or 
videograms; 
 (b)  The distribution to the public of the or iginal or of copies of their phonograms or 
videograms, through sale or other form of transfer of ownership; 
 (c)  The rental to the public, with commercial purposes, of their phonograms or videograms;  
(d)  The making available to the public, by wired or wireless means, of their phonograms or 
videograms, so that members of the public can have access to them from a place and at a time individually chosen. 
 
 
Article 188 
Lapse 
 
(1)  The rights of producers of phonograms and of producers of videograms shall lapse 
50 years after the end of the year in which the publication of the phonogram or videogram has 
occurred. 
 (2)  Whenever the phonogram or videogram is not published, the term referred to in the 
preceding paragraph shall be counted from the end of  the year in which the respective fixation of 
the sounds or images has occurred.  
 
Article 192 
Lapse 
 
The rights of broadcasting organizations shal l lapse 20 years after the end of the year in 
which the broadcast occurred. 
 
 
Article 200 
Certificates and Fees 
 
(1)  [...].  (2)  The fees due by registration and certific ates shall be set by dispatch of the Chief 
Executive. 
 
 
Article 201 
Determination of Severity of Penalty 
 
In determining the severity of the penalty for th e crimes provided for in this law, the court 
shall especially take into account the number of unlawful copies that have been put in circulation, the economic benefit obtained by the perpetrato r and the damage caused to the holder of the 
right. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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Article 203 
Applicable Accessory Penalties 
 
(1)  [...]. 
 (2)  [...]. 
 
(3)  [...].  (4)  For the purposes of subparagraphs c) an d d) of paragraph 1, the electronic sites 
available on a public computer network shall be assimilated to establishments. 
 
 
Article 216 
Repeat Offenders 
 
(1)  In the case of repetition of the offenses provided for in this Chapter, the minimum limit 
of the fine applicable shall be raised by a quarter. 
 (2)  [...]." 
 
 
 
Article 3 
Amendment to Chapter III of Title V of Decree-Law no. 43/99/M, of August 16 
 
Chapter III of Title V of Decree-Law no. 43/99/M, of August 16, shall be amended as follows: 
 
 
"CHAPTER III 
Crimes 
 
SECTION I 
MISUSE OF WORK, PHONOGRAM OR VIDEOGRAM 
 
Article 209 
Appropriation of Work 
 
(1)  Whoever publicly uses a work of others, presenting it as his own creation, shall be 
punished with imprisonment of up to 2 years or with a fine of up to 240 days. 
 
(2)  If the work is unpublished the penalty shall be of imprisonment of up to 3 years or a 
fine of up to 360 days. 
 
 
Article 210 
Violation of Rights to Unpublished Work 
 
(1)  Whoever, without authorization from the ho lder of the right, publishes or divulges an 
unpublished work, shall be punished with imprisonment of up to 2 years or with a fine of up to 240 
days. 
 (2)  The penalty shall be of imprisonment of up to 3 years or a fine of up to 360 days if the 
divulgation is done by making the work available to the public in a public network of computers. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  Article 211 
Counterfeiting of Work, Phonogram or Videogram 
 
Whoever, without authorization of the holder  of the exclusive right of reproduction, 
reproduces with commercial purposes, in whole or in a significant part, directly or indirectly, a 
work, phonogram or videogram, shall be punish ed with imprisonment of up to 4 years. 
 
 
Article 212 
Trade in Counterfeit Copies 
 
(1)  Whoever, who knows or ought to know of the counterfeiting, sells, offers for sale, 
stores, imports, exports or in any way distributes with commercial purposes, without the permission of the holder of th e exclusive right of distribution , counterfeit copies of a work, 
phonogram or videogram, shall be punished with im prisonment of up to 2 years or with a fine of 
up to 240 days. 
 
(2)  Attempts shall be punished. 
  
Article 213 
Making available in Computer Network without authorization 
 
Whoever, without authorization of the holder of  the respective exclusive right, makes a work, 
phonogram or videogram publicly available in a public network of computers, with commercial 
purposes, shall be punished with imprisonment of up to 2 years or a with fine of up to 240 days. 
 
Article 214 
Complaint 
 
The criminal procedure for the crimes provided for in articles 209, 210 and 213 depends upon 
a complaint. 
 
 
SECTION II 
PROTECTION OF TECHNOLOGICAL MEASURES 
 
Article 214-A 
Notion of Technological Measure of Protection 
 
For the purposes of this section, it shall be considered as a technological measure of 
protection all technology used in originals or copies of works, phonograms or videograms, or in a 
broadcast, or in an equipment that enables reading, viewing, hearing, reproduction, communication, reception, broadcasting or transmission of works, performances, phonograms, 
videograms or broadcasts, and which, in the course of its normal functioning, prevents or restricts 
specifically: 
 
(a)  The access, without proper authorization, to a work, phonogram or videogram 
protected in accordance with this law; 
 (b)  The reception, by any means, of a broadcasting; 
 
(c)  The unauthorized practice of an act that is reserved by this law to the holder of a 
copyright or related right over the work, perf ormance, phonogram, videogram or broadcast. 
 
 
Article 214-B 
Deactivation or Suppression of Te chnological Measure of Protection 
 
(1)  Whoever, with commercial purposes, deac tivates or suppresses a technological measure 
of protection shall be punished with imprisonment of up to 2 years or with a fine of up to 240 
days. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(2)  Whoever, with commercial purposes, advert ises or offers to the public services of 
deactivation or suppression of technological measures of protection shall be punished with imprisonment of up to 1 year or with a fine of up to 120 days. 
 
(3)  The criminal procedure depends upon a complaint.  
 
Article 214-C 
Instruments for Deactivation or Suppression 
 
Whoever, with commercial purposes, produces, im ports, exports, sells, distributes or rents 
any object, device or computer program that is designed primarily to deactivate or suppress without authorization a technological measure of protection, or that does not have another 
relevant purpose other than to allow such deactivation or suppression, shall be punished with 
imprisonment of up to 2 years or with a fine of up to 240 days. 
 
 
Article 214-D 
Exclusion of Unlawfulness 
 
The deactivation or suppression of a technological measure of protection shall not be 
considered a crime whenever it: 
 
(a)  Constitutes a necessary means to effect a right of access or of use of a work, 
performance, phonogram or videogram, or of a right to receive a broadcast; 
 
(b)  Is carried out for non-profit purpos es of scientific research or education; 
 (c)  Is carried out by a public authority, in th e exercise of its respective competences, in the 
framework of judicial, administrative or criminal investigation proceedings. 
 
 
SECTION III 
PROTECTION OF ELECTRONIC INFORMATION FOR MANAGEMENT OF RIGHTS  
 
Article 214-E 
Notion of Electronic Information for Management of Rights  
 
For the purposes of this section, it is considered as electronic information for the management 
of rights all information in electronic format, including any codes or numbers, which may be used 
by those entitled to do so in the original or in copies of a protected work, fixation of performance, 
phonogram or videogram or broadcast, or presented upon its respective communication to the public, and that has one or more of the following objectives: 
 
(a)  To identify the work, the performance, th e phonogram, the videogram or the broadcast; 
 
(b)  To identify the author, the artist perf orming or executing, the producer of the 
phonogram or videogram, the broadcasting entity or the holder of any other right on the work, 
fixation of performance, phonogram, videogram or broadcast; 
 
(c)  To identify the terms in which the work, fixation of performance, phonogram, 
videogram or broadcast can be used. 
 
 
Article 214 - F 
Suppression or Alteration of  Electronic Information for Management of Rights  
 
(1)  Whoever, with the intention to violate or enable, facilitate or conceal the violation of a 
right provided for in this Decree-Law, suppresse s or changes any electronic information for the 
management of rights shall be punishable with impris onment of up to 1 year or with a fine of up to 
120 days. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(2)  Whoever, having knowledge that the electronic information for the management of 
rights over a work, a fixation of a performance, a phonogram or a videogram has been removed or changed without authorization from those entitled to do so, proceeds, for commercial purposes, 
with its broadcast or communication to the public, or distributes, imports or makes available to the 
public their originals or copies, shall be punishable with imprisonment of up to 2 years or with a fine of up to 240 days. 
 
(3)  The criminal procedure depends upon a complaint."  
 
Article 4 
Addendum to Decree-Law no. 43/99/M, of August 16 
 
Articles 146-A, 170-A, 173-A and 200-A shall be added to Decree-Law no. 43/99/M, of 
August 16, with the following text: 
 
"Article 146-A 
Exclusion of Right of Rental 
 
There shall be no exclusive right of rental in relation to works of architecture, nor in relation 
to works of the applied arts. 
 
Article 170-A 
Notions 
 
(1)  For the purposes of this title, it shall be considered: 
 
(a)  "Performers interpreting or performing " or, in abbreviated form, "performers", the 
actors, singers, musicians, dancers and other pers ons who play, sing, recite, declaim, interpret or 
in any way perform literary or artistic works or expressions of folklore; 
 
(b)  "Fixation", the embodiment, by any mean s, of sounds, moving images, or sounds and 
moving images, or their representation, and from which they can, by technical means, be 
perceived, reproduced or communicated; 
 (c)  "Phonogram", the fixation of sounds of the performance of a musical work or other 
sounds, or of a representation of sounds, exclud ing the fixation of sounds incorporated in a 
cinematographic or other audiovisual work; 
 (d)  "Producer of phonogram", the individual or collective person who takes the initiative 
and is responsible for the first fixation of the sound s of a performance, or of other sounds, or of a 
representation of sounds; 
 
(e)  "Videogram", the fixation of moving imag es, or of a representation of such images, 
accompanied or not by sounds, including the fixation of an audiovisual work; 
 
(f)  "Producer of videogram", the individual or collective person who takes the initiative and 
is responsible for the first fixation of a sequence of moving images, or of a representation of such images, accompanied or not by sounds; 
 
(g)  "Broadcasting", the dissemination by wireless technology, in particular by radio waves 
or by satellite, of sounds, or of images and sound s, or of a representation of these, intended for 
reception by the public, including the transmi ssion of coded signals whenever the means for 
decoding are provided to the public by the br oadcasting organization or with its consent; 
 (h)  "Broadcasting organization", the individual or collective person who carries out sound or 
visual broadcasts; 
 (i)  "Publication of fixation of a performanc e, phonogram or videogram", the offer to the 
public, in a sufficient quantity and with the consent of the holder of the rights, of copies of the 
fixation of a performance, of a phonogram or of a videogram; IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(j)  "Communication to the public of a performance, phonogram or videogram", the 
transmission to the public by any means, except  by broadcasting, of the sounds or images of a 
performance or of sounds or images, or their representation, fixated in a phonogram or 
videogram; 
 (l)  "Retransmission of a broadcast", the simultaneous transmission by a broadcaster of a 
broadcast from another broadcaster; 
 (m)  "Promoter of shows", the individual or collective person responsible for the 
organization of a show of any nature, such as arts or sports. 
 
(2)  The reproduction includes the storage in electronic support of a performance, 
phonogram or videogram in digital format. 
 
(3)  The rights of distribution and rental to the public, with commercial purposes, only cover 
copies that can be put into circulation in the market in the form of tangible things. 
 
Article 173-A 
Right of Distribution 
 
The provisions of article 58 are applicable, mutatis mutandis, to performances, phonograms 
and videograms.  
Article 200-A 
Accumulation of Crimes 
 
The penalties for the crimes provided for in this Decree-Law shall not apply if other more 
severe penalties are applicable by virtue of another legal provision."  
Article 5 
Repeal 
 
Articles 155, 176, 183, 189 and 193 of Decree-Law no. 43/99/M, of August 16, are 
repealed. 
 
Article 6 
Republication 
 
(1)  The legal regime of copyright and related rights, approved by Decree-Law 
no. 43/99/M, of August 16, is republished in an  Annex, including the amendments approved by 
this law and by Law no. 11/2011. 
 (2)  The text republished in accordance with the preceding paragraph shall have the 
terminology updated in accordance with the pr ovisions of paragraph 2 of article 4 of Law 
no. 1/1999.   
Article 7 
Entry into force 
 
The present law shall come into force on 1 June 2012. 
 
Approved on 29 February 2012.  
The President of the Legislative Assembly, Lau Cheok Va . 
 Signed on 29 March 2012. 
 
To be published.  The Chief Executive, Chui Sai On . 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  Annex 
(As referred to Article 6) 
  
Republication of the Regime of Copyright an d Related Rights, appr oved by Decree-Law 
no. 43/99/M, of August 16 
 
 
PART I 
LITERARY AND ARTISTIC WORK S AND THE COPYRIGHT THEREIN 
 
 
CHAPTER I 
PROTECTED WORKS 
 
 
Article 1 
Scope of Protection 
 
(1) Intellectual creations in the literary, scientific and artistic fields, whatever may be their 
type, form of expression, merit, form of comm unication 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 works that shall be protected, provided that they are originals, are namely the 
following: 
 (a) texts of a literary, journalistic, scientific or any other nature, 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; IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(l)  plans, sketches and three-dimensional works relating to architecture, geography or 
other sciences; 
 
(m)  slogans or mottoes, even if of an advertising nature; 
 (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 co rrected, expanded, revised or given a new title 
or format, shall not constitute works distinct fr om 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 
subsist in 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 confus ed 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 ma tter, without prejudice to the provisions of 
the following paragraph: 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 16 - 
 
  (a)  daily news and reports of miscellaneous events having the character of mere 
information, however disclosed; 
 (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 refe rred 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 foregoing paragraph shall be lifted where the person 
or the third party whose honor or reputation might be prejudiced has given his consent, or where 
a judicial decision to the contrary has been ha nded 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: 
 (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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 17 - 
 
  (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 circ ulation 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 his 
honor and reputation as an author. 
 
 
Article 8 
Physical Embodiments of Works 
 
(1)  The copyright in the work, being incorporeal, shall be independent of the ownership 
rights in the physical material used for its fixation or communication. 
 (2)  The manufacture or acquisition of the ma terial 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 practice, 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 
concerned states otherwise. 
 
 
Article 10 
Exemption from Formalities 
 
 The recognition of copyright is independent of registration, deposit or any other formality. 
 
 
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 said 
work, unless otherwise agreed in writing. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 in 
accordance 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 creator is not mentioned in the work or shown in its 
customary place, it shall be presumed that the ec onomic 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 )   w h e n  u s e s  a r e  m a d e  o f  t h e  w o r k  o r  b e n e f i t s  d e r i v e d  f r o m  i t  t h a t  w e r e  n o t  i n c l u d e d  
among those envisaged when the remuneration was agreed. 
 
 
Article 13 
Limitations on Use 
 
(1)  Where, as provided in the preceding Articl e, 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. 
 
(2)  A work of joint authorship is one crea ted 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 exclus ively to the one or to those in whose name the 
disclosure or publication took place. 
 (5)  Persons who have simply helped the author produce, disclose or publish the work in any 
way shall not be deemed to be co-authors. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 19 - 
 
   
 
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 whos e 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 in dividual contributions of one or some of the 
intellectual creators of a collective work, the prov isions of paragraph (2) of the preceding Article 
shall apply 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. 
  
CHAPTER III 
IDENTITY OF THE AUTHOR, PS EUDONYMS 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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 20 - 
 
  (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 anonymou sly, shall be deemed to be the author's 
representative and shall be responsible for defend ing 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. 
 
(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 ye ars after the first disclosure or publication. 
 
(4)  The term of the copyright accruing separate ly 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 la pse 50 years after the disclosure or publication. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 21 - 
 
  (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 discl osed 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. 
 
 
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 wo rk or, if several works are involved, of each 
work; 
 (e)  the duration of the authorization. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 22 - 
 
  Article 28 
Limitation of Transfer and Assignment 
 
There may not be any transfer or assignment, ei ther voluntary or enforced, of the economic 
rights granted for the exclusive protection of the in tellectual creator or of any other rights excluded 
by law. 
 
Article 29 
Partial Transfer and Assignment 
 
(1)  Both the partial transfer and the assignme nt of economic rights shall be effected in 
writing, and the scope of the rights granted sha ll 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. 
 
(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 for a consideration. 
 
 
Article 31 
Assignment of Economic Rights to th e Macao Special Administrative Region 
 
The author of a protected work who assigns his economic rights to the Macao Special 
Administrative Region 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. 
  IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 23 - 
 
  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 regardin g 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 attachme nt 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. 
 
 
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 addition al compensation referred to in the preceding 
paragraph shall be fixed according to the normal re sults of economic exploitation of all the similar 
works of the same author. 
 (3)  Where the price of the transfer or assign ment 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 sha ll 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 Macao Special Administrative Region, 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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 24 - 
 
  (2)  The work shall fall into the public domain where the Macao Special Administrative 
Region has not made or authorized use of the work  within of a period of ten years following the 
date on which the estate was declared unclaimed. 
 
(3)  Where on the death of one of the authors of a work of a joint authorship his estate 
reverts to the Macao Special Administrative Region, the economic rights in the work as a whole shall then belong to the remaining authors. 
 
 
Article 38 
Republication of Works Out of Print 
 
(1)  Where the subsequent owner of the right of republication refuses to exercise his right or 
to authorize republication after the work has gone out of print, any interested party, including the 
Macao Special Administrative Region, 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 for 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 pr ejudice 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 indepe ndent 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 exercise  the personal rights in his works provided 
that he has sufficient natural comprehension for the purpose. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 25 - 
 
   
Article 43 
Exercise of Rights After the Author's Death 
 
After the author's death, as long as the work do es not fall into the public domain, the exercise 
of personal rights shall accrue to his successors. 
 
 
Article 44 
Works of Cultural Value 
 
(1)  The Macao Special Administrative Region 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 Macao Special Administrative Region shall be responsible for protecting the 
authenticity and integrity of works in the public domain. 
 (3)  The entity competent to implement the provis ions of this Article shall be designated by 
order of the Chief Executive, publ ished in the Official Bulletin of the Macao Special Administrative 
Region. 
 
 
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 pe rmitted 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 the 
following 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 da ys, printing may proceed without proofreading. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 26 - 
 
   
Article 48 
Right of Withdrawal 
 
The author of a disclosed or published work may at any time withdraw it from circulation and 
discontinue its economic exploitation, in whatever form, provided that he has justifiable moral grounds 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 Special Administrative Region shall be exclusively applicable when the 
protection granted to a work in the Macao Special Administrative Region is determined. 
 
 
Article 50 
Personal and Material Eligibility 
 
(1)  Authors resident in the Macao Special Administrative Region shall enjoy the protection 
granted by the law of Macao Special Administrative Region. 
 (2)  Authors who are not resident in the Macao Special Administrative Region 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 Special 
Administrative Region: 
 
(a)  works that are first or simultaneously published in Macao Special Administrative Region;  
(b)  works of architecture built within the Macao Special Administrative Region; 
 (c)  works of art incorporated in buildings er ected within the Macao Special Administrative 
Region; 
 (d)  audiovisual works produced by residents of the Macao Special Administrative Region.  
 
Article 51 
Term 
 
Where the work originates in another legal system and its author is not resident in the Macao 
Special Administrative Region, the term of protection thereof shall be that specified by this Decree-
Law, provided that it does not exceed that sp ecified 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 simultan eously in different places subject to legal 
systems that specify different terms of copyrigh t protection, the legal system that grants the 
shortest term protection shall be considered the legal system of origin. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 27 - 
 
  (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 building 
shall 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 Macao Special Administrative Region 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 di sclose, 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 de riving 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 have the exclusive right to carry out or to authorize, in particular:  
 
(a)  publication of the work;  
(b)  performance, recitation, execution, display or presentation in public; 
 (c)  cinematographic reproduction, adaptation, performance, distribution and presentation; 
 
(d)  adaptation to any apparatus used for mechanical, electric, electronic or chemical 
reproduction and public performance, transm ission or retransmission by such means; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 28 - 
 
  (e)  dissemination by photography, broadcast or by any other process of reproduction of 
signs, sounds or images; 
 (f)  communication to the public, by wired or wireless means, including making the work 
available to the public in a manner that enables members of the public to have access to it from a 
place and at a time that they individually choose; 
 
(g)  distribution of the original or of copies of the work to the public, by means of sale or 
any other form of transfer of ownership; 
 (h)  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; 
 (i)  any use in another work; 
 
(j)  reproduction of the work;  
(l)  construction of an architectural work according to the relevant plans; 
 (m)  rental to the public of the original or of copies of the work, with commercial purposes.  
(4)  The various forms of use and economic ex ploitation 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)  The mere provision of material means or  of the premises necessary to carry out the 
communication shall not be deemed to be communication to the public. 
 
(6)  Reproduction consists in the production of copies of a work or of a significant 
quantitative or qualitative part of it, in a permanent or temporary manner, directly or indirectly, regardless of the method by which it is made, including the storage in electronic support of a work 
in digital format. 
 (7)  It shall not be deemed as reproduction th e production of temporary or incidental copies, 
devoid of a separate economic value, which are an integral part of a technological process 
intended to allow its legal use or to allow its transmission, between third parties within a network, through an intermediary, in particular a telecommunications operator. 
 
(8)  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 original 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 th e 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 th e notice of the public by any means that does 
not meet the requirements of the preceding paragr aph, 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 incorpor ated therein and the exhibition of any kind of 
artistic work, shall be considered disclosure. 
 (3)  Publication and disclosure shall be lawful wh ere authorized by the author or where he is 
aware of the acts and does not object to them. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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Article 58 
Exhaustion of Right of Distribution  
 
A sale or any other form of transfer of ownership, by the holder of the copyright, of the 
material supports of the protected work shall exhaust the exclusive right of distribution to the public of such objects, but shall not affect the continuation of the right of rental to the public, with 
commercial purposes. 
 
 
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 di sclose 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 FREE 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 any 
other form of communication of a work already disclosed or published, when done without gainful 
intent and in a place open to the public. 
 
 
Article 61 
 Free Use  
 
It 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 as 
excerpts or in the form of summaries; 
 
(b)  the regular selection of articles from printed periodicals in the form of press reviews; 
 (c)  the fixation, reproduction and communication  to the public, by any means, of fragments 
of works, whenever their inclusion in reports of  current events is justified by the information 
purpose being pursued; 
 (d)  the total or partial reproduction of a work that has been previously published or 
released, whenever it is performed by a library, museum, documentation center or a scientific IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  institution and the reproduction is not intended for the general public and is limited to the needs of 
the institution's own activities; 
 (e)  the partial reproduction of a work that  has been previously published or released, 
whenever it is performed by an educational establishment and the reproduction is intended 
exclusively for non-profit making purposes of the education provided in such establishment; 
 
(f)  making available to the public a work which is part of the collection of a library, 
museum, documentation center, scientific institution or educational establishment, whenever carried out by them by means of computer terminal s installed at their respective premises or by a 
computer network of reserved access and without lucrative purposes; 
 
(g)  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; 
 (h)  the inclusion of short excerpts or parts of another author's works in one's own works 
intended for teaching; 
 (i)  the performance of musical works or literary-musical works at official events in the 
Macao Special Administrative Region and religious ceremonies, provided that the performers work 
free of charge and public access, where permitted, is also free; 
 (j)  the reproduction of news articles and articles on economic, political or religious topics, 
provided that such reproduction has not been expressly reserved; 
 (l)  the fixation of works of art located in public places by means of photography, 
videography, cinematography or other similar means; 
 (m) the use of works not available commercially for exclusively scientific, educational and 
humanitarian purposes; 
 
(n)  use by the courts and other official servic es in the Macao Special Administrative Region 
to the extent strictly essential to the exercise of their public functions. 
 
 
Article 62 
Limits and Requirements 
 
(1)  The free use of a protected work must not obstruct its normal economic exploitation nor 
harm in an unjustifiable manner the legitimate interests of the author. 
 
(2)  The use of the work in accordance with  the preceding Article shall be accompanied, 
whenever possible, by the identification of the author and the title of the work. 
 
(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)  Only the author has the right to collect in volumes the works referred to in 
subparagraphs a) and j) of the preceding Article. 
 
 
Article 63 
 Commentaries, Annotations and Polemics  
 (1)  The reproduction of works of other pe rsons under the pretext of a commentary or 
annotation is not permitted without authorization of the author; however, it is lawful to publish 
own commentaries or annotations with reference to parts of the work of other person. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (2)  An author who reproduces his articles, letters or other texts of controversy previously 
published may reproduce also the adverse texts, an d the opponent shall have an equal right, even 
after the publication made by the former. 
 
 
Article 64 
Lectures by Professors 
 
(1)  Lectures by professors may only be publis hed 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. 
 
 
CHAPTER III 
WORKS AND USES IN PARTICULAR 
  
SECTION I 
PUBLICATION 
  
Article 67 
Publishing Contracts 
 
A contract by which the author authorizes anot her 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 partie s 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; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (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 partnershi ps 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. 
 
 
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 deliber ate 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 same work in 
the same language inside or outside the Macao Special Administrative Region 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. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(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 remuneration corresponding 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. 
 (2)  The original referred to in the preceding 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 latter 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 th e publisher's exercise of the rights under the 
publishing contract against any third-party righ ts 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 promotio n 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 
the draft 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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 34 - 
 
  (3)  Unless otherwise agreed, the cost of any corrections, amendments or additions to the 
text that are not justified by new circumstances sh all be borne entirely by the publisher up to a 
limit of five per cent of the cost of typese tting, 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 regist ered 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 au thor, the publisher may choose publication on the 
basis of the revision undertaken by him. 
  
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 remune ration 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 pl acing of all or some of the copies made on the 
market. 
 
(2)  Where the remuneration payable to the auth or depends on the result of sales or where 
payment is determined by sales development, th e publisher shall submit accounts to the author 
within the 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 paragrap h, 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 the 
said 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 ma y demand to examine the publisher's business 
papers or 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. 
  IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 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 take possession of them, the publisher having no right in that case to any compensation. 
 
(3)  Where the publisher has already sold either all or some of the surplus copies, that shall 
not prejudice the author's right to compensation. 
 
 
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 all 
editions. 
 (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 per cent more or less being allowed with respect to 
length unless otherwise agreed. 
 (5)  The author who exceeds the limits spec ified 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 und er the preceding paragraph, the author may 
choose to terminate the contract and compensate the publisher for the expenditure incurred for the edition and the profits expected from it. Wher e sales of the work have already started, the 
results achieved shall serve as the basis for calculating compensation. 
  IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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. 
 
(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 no tes, 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 Redu ced 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 ri ght to acquire the copies referred to in the 
preceding paragraph. 
 
(3)  For the purposes of the preceding paragrap h, 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 in the Macao Special Administrative Region, 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 repr esentatives, 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 desi re that the work should not be published 
unless complete, the contract shall be terminated and the incomplete work shall not be published IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 author may the incomplete work be completed by 
another person. 
 (5)  A work completed by another person under the foregoing paragraph may only be 
published if a clear distinction is made between th e 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, ei ther 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 co nsiderable 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 d eemed 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 
by the publisher, the bankruptcy administrator shall inform 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 righ t 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 b een 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 no t deliver the original of his work by the time 
limit agreed; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 38 - 
 
  (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 me ans 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 wo rk, whether on premises to which access is 
restricted or without gainful intent, shall be subject 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 
Without prejudice to other authorizations that may be required, the authorization of the 
author is necessary to enable the stage performanc e of the work to be transmitted by broadcast or 
filmed, in whole or in part, as well as for the reproduction or exhibition of such fixation. 
 
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 that 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 ti me, the place, the author's remuneration and the 
manner of its payment. 
 
(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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 39 - 
 
   
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 prej udice 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 unj ustifiably 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 und ertake to have the work performed in public 
within the agreed period, and in the absence of any agreed period within one year from the date of 
the conclusion of the contract, except in the 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 every 
effort 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. 
  
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. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 40 - 
 
  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 havi ng been agreed with the authors, the latter 
have the right to claim compensation, independen tly 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 may 
be determined on another basis laid down in the contract; 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 th e 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 und er the stage performance contract without the 
author's consent. 
  
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 frau dulent 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. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 appl y 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. 
  
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. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 Protected Works 
 
The use of protected works in a cinematographic production shall be subject to authorization 
by the authors concerned. 
 
 
Article 110 
Authorizations 
 
(1) The authorization granted by the authors of  a cinematographic work for the respective 
production should specify the conditions of production, as well as those of distribution and exhibition of the work. 
 
(2)  An authorization for the cinematographic production derives for the producer a right to 
fix the work, as well as to produce the copies  and the records necessary for its exhibition. 
 
(3)  Unless expressly agreed otherwise, the authorization referred to in the preceding 
paragraph shall also imply authorization to distribute and show the film in cinemas open to the public, and to exploit it commercially by that me ans, 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 or 
television broadcasting, cable distribution or satellite 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 
the grant 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 sh all not prejudice the rights of the party to 
whom the economic exploitation of the film has been granted to continue to show, reproduce and 
distribute it. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 expl oitation, 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 ensu re the production and economic exploitation of 
the cinematographic work. 
 (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 party; 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 cinematogr aphic 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. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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(2)  Authorization to show or distribute a film in Macao Special Administrative Region shall 
imply authorization to translate it and subtitle or dub it in one of the official languages of the Macao Special Administrative Region. 
 
(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 compos er 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 fo rm agreed upon with the producer. 
 
 
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 
Contract for Fixation and Phonographic or Video Edition 
 
It is considered of fixation and phonographic or videographic edition a contract by which 
the author authorizes others to fix and to reproduce the sounds or images of a protected work and 
to sell copies of the fixation. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 
works fixed, and shall not prevent the authors from  authorizing others to make the uses referred 
to. 
 
 
Article 123 
Use of Copy of Fixation 
 
The acquisition of a copy of the fixation does not grant to the purchaser the right to use it for 
any purposes of public execution or transmission, reproduction or rental to the public, with 
commercial purposes. 
 
 
Article 124 
Identification of Work and Author 
 
The copies of the fixation distributed to the public shall contain the identification of the work 
and the author. 
  
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 phonograph ic fixation without opposition from the author 
may be fixed and published again. 
 
(2)  The author of a work that is fixed an d 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 transformati on of any work for the purposes of fixation, 
broadcasting, performance or showing by mechanic al, phonographic or videographic means shall 
also be subject to authorization by the author, wh o 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 th at 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/Rev.1/Add.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 
 
The owners of the building from which the broa dcast is to be made, the impresario and any 
other person involved in the making of the broadc ast 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 paragr aphs (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 Macao Special Administrative Region 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 Macao Special Administrative Region that belong to the same broadcasting channel or the same entity shall not be considered a new transmission. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 47 - 
 
  (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 titl e 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 BROADCAS T 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 Archit ecture and Designer Works 
 
The creators of the overall conception and plan s for works of architecture and designer works 
shall be considered the authors of such works. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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 arch itectural 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 shall 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 th ey 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 reproducti on 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 prov isions in the following paragraphs. 
 
(2)  The proprietor of a work built or execut ed 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 shall consult the author of the plan in advance, 
failing which he shall pay compensation for losses and damages. 
 
(3)  Where there is no agreement between the pr oprietor and the author of 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. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 49 - 
 
  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 agains t 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 site 
before the close of the exhibition. 
  
Article 146-A 
Exclusion of Right of Rental 
 
There shall be no exclusive right of rental in relation to works of architecture, nor in relation 
to works of the applied arts. 
 
 
Article 147 
Extension of Protection 
 
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 la pse 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/Rev.1/Add.1 
 
- 50 - 
 
  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 an d marketing of portraits or to the copyright in 
the work 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 authorization by 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 authorizat ion by the author but without prejudice to the 
right to remuneration, to reproduce photograph s 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 
 
(Repealed)  
 
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/Rev.1/Add.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 impl y the exclusive grant of translation rights. 
 
(3)  The beneficiary of the authorization shall respect the meaning of the original work.  
(4)  To the extent necessary for the intended purp ose 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 the conditions 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 changes 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. 
 
 
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. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  SECTION IX 
NEWSPAPERS AND OTHER PE RIODICAL PUBLICATIONS 
 
 
Article 162 
Ownership 
 
(1)  Newspapers and other periodical publicatio ns 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 Government Information Bureau  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 presum ed 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 seri es, 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 di sclosed without the identity of the intellectual 
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. 
  
Article 165 
Works of Independent Collaborators 
 
(1)  Unless otherwise agreed, the economic righ ts in a work produced by an independent 
collaborator and carried in newspapers or periodical publications, even where it makes no mention 
of authorship, shall belong to the intellectual creator, 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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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SECTION X 
COMPUTER PROGRAMS 
 
Article 166 
Subject Matter of Protection 
 
(1)  The protection accorded to computer prog rams 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 is written. 
 
(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.  
 (2) 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 who commissioned it, unless expressly agreed otherwise or unless the contrary should emerge 
from the contract, and without prejudic e 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 
Free acts relating to computer programs 
 
(1)  The rental to the public, with commercial purposes, shall not depend upon authorization 
of the author whenever the computer program is not the main object of the contract. 
 
(2)  Whenever carried out by persons who have legitimately acquired a copy of the 
program, it also shall not depend upon authoriz ation of the respective author its reproduction, 
translation or adaptation which are necessary to:  
 
(a)  use the program for the purposes for which it was created;  (b)  produce a backup or support copy; 
 
(c)  correct program errors;  
(d)  observe, study or test the functioning of the program; 
 (e)  obtain information that is essential for the creation of other original programs, 
compatible and inter-operable with the former, provided that such information is not easily 
available to the public. 
 (3)  The provisions of the preceding paragraphs  may not be set aside by contractual clauses 
and are to be understood without prejudice to the provisions of Articles 60 to 62. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
- 54 - 
 
   
 
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 170-A 
Notions 
 
(1)  For the purposes of this title, it shall be considered: 
 
(a)  "Performers interpreting or performing " or, in abbreviated form, "performers", the 
actors, singers, musicians, dancers and other pers ons who play, sing, recite, declaim, interpret or 
in any way perform literary or artistic works or expressions of folklore; 
 (b)  "Fixation", the embodiment, by any mean s, of sounds, moving images, or sounds and 
moving images, or their representation, and from which they can, by technical means, be 
perceived, reproduced or communicated; 
 (c)  "Phonogram", the fixation of sounds of the performance of a musical work or other 
sounds, or of a representation of sounds, exclud ing the fixation of sounds incorporated in a 
cinematographic or other audiovisual work; 
 
(d)  "Producer of phonogram", the individual or collective person who takes the initiative 
and is responsible for the first fixation of the sound s of a performance, or of other sounds, or of a 
representation of sounds; 
 
(e)  "Videogram", the fixation of moving imag es, or of a representation of such images, 
accompanied or not by sounds, including the fixation of an audiovisual work; 
 
(f)  "Producer of videogram", the individual or collective person who takes the initiative and 
is responsible for the first fixation of a sequence of moving images, or of a representation of such images, accompanied or not by sounds; 
 
(g)  "Broadcasting", the dissemination by wireless technology, in particular by radio waves 
or by satellite, of sounds, or of images and sound s, or of a representation of these, intended for 
reception by the public, including the transmi ssion of coded signals whenever the means for 
decoding are provided to the public by the broadcasting organization or with its consent; 
 (h)  "Broadcasting organization", the individual or collective person who carries out sound or 
visual broadcasts; 
 (i)  "Publication of fixation of a performanc e, phonogram or videogram", the offer to the 
public, in a sufficient quantity and with the consent of the holder of the rights, of copies of the 
fixation of a performance, of a phonogram or of a videogram; 
 
(j)  "Communication to the public of a performance, phonogram or videogram", the 
transmission to the public by any means, except  by broadcasting, of the sounds or images of a 
performance or of sounds or images, or their representation, fixated in a phonogram or videogram; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (l)  "Retransmission of a broadcast", the simultaneous transmission by a broadcaster of a 
broadcast from another broadcaster; 
 (m)  "Promoter of shows", the individual or collective person responsible for the 
organization of a show of any nature, such as arts or sports. 
 (2)  The reproduction includes the storage in electronic support of a performance, 
phonogram or videogram in digital format. 
 (3)  The rights of distribution and rental to the public, with commercial purposes, only cover 
copies that can be put into circulation in the market in the form of tangible things. 
 
 
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 Free Use  
 
The protection granted by the rights provid ed for in this Title does not include: 
 
(a)  private use;  
(b)  the use of short excerpts of a performanc e, phonogram or videogram, or the sounds or 
images of a show, for purposes of information or critique; 
 
(c)  the use intended for exclusively non-profit scientific or educational purposes; 
 (d)  a temporary fixation made by a broadcaster, for use in its broadcasts;  
(e)  the fixation or reproduction performed by a public entity, or concessionaire of public 
services, for reasons of special documentary interest or for archive; 
 
(f)  the use of a performance, phonogram, videogram or broadcast, regardless of the 
consent of the holder of the respective related righ t, in circumstances where it is lawful to use a 
protected work irrespective of the consent of the author. 
 
 
Article 173-A 
Right of distribution 
 
The provisions of Article 58 are applicable, mutatis mutandis, to performances, phonograms 
and videograms. 
 
 
Article 174 
Extension of Protection 
 
(1)  Notwithstanding the provisions of Arti cles 177, 184 and 190, performers, producers of 
phonograms or videograms and broadcasting orga nizations protected by international treaties IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  applicable to the Macao Special Administrative Region 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. 
  
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 
20 days, depending on whether or not he resides in the Macao Special Administrative Region, he 
shall be presumed to have consented to the us e requested, without prejudice to the right to 
remuneration for that use. 
  
CHAPTER II 
PERFORMERS 
  
Article 176 
Definition 
 
(Repealed) 
 
 
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 in the Macao Special Administrative Region; 
 
(b)  the performance takes place in the Macao Special Administrative Region;  
(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 
Economic Rights of Performers 
 
It shall depend upon authorization of the artist:  
(a)  the broadcast or communication to the public of their unfixed performances, except in 
the case of performances already previously broadcast; 
 (b)  the fixation of their performances; 
 
(c)  the reproduction, by any means, of their performances fixed in phonograms or 
videograms; 
 
(d)  the distribution to the public of their pe rformances fixed in phonograms or videograms, 
through sale or other form of transfer of ownership; 
 
(e)  the rental to the public, with commercial purposes, of their performances fixed in 
phonograms or videograms; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (f)  making available to the public, by wired or wireless means, their performances fixed in 
phonograms or videograms, so that members of the public may have access to them from a place and at a time individually chosen. 
 
 
Article 179 
Authorization for 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 provid ed for in subparagraph (a) by a broadcasting 
organization other than the authorized one. 
 (2)  The performer is, however, entitled to a dditional compensation whenever the following 
operations, not provided for in the initial contract, are carried out: 
 
(a)  rebroadcasting by the authorized broadcasting organization or another;  
(b)  the retransmission; 
 (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 th e 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 paragrap hs, but may not renounce the rights provided for 
therein. 
 
 
Article 180 
Personal Rights of Performers 
 
(1)  The performer shall have, in relation to his performances, live or fixed in a phonogram 
or videogram, the right:  
 
a)  to be recognized and identified as the re spective performer or executor, except in the 
cases where the circumstances or needs of the form  of use of the performance justify that such 
identification be omitted, such as in the case of  radio programs and similar of a exclusively musical 
nature and without any form of locution; 
 
b)  to object to any distortion, mutilation or other modification that is harmful to his 
reputation. 
 
(2)  The rights referred to in the preceding paragraph are inalienable.  
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  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. 
  
Article 182 
Lapse 
 
The rights of the performers shall lapse 50 years after the end of the year in which the 
performance was fixed in the phonogram or videogram. 
  
CHAPTER III 
 
PRODUCERS OF PHONOGRAMS AND VIDEOGRAMS 
 
 
Article 183 
Definition 
 
(Repealed)  
 
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 in the Macao Special Administrative 
Region; 
 
(b)  the fixation of sounds or images, either separately or together, takes place in the Macao 
Special Administrative Region; 
 (c)  the phonogram or videogram is published first, or simultaneously, in the Macao Special 
Administrative Region, simultaneous publication being understood as being the publication referred 
to in paragraph (3) of Article 52. 
 
 
Article 185 
Rights of Producers 
 
The following shall depend upon authorization of the producer:  (a)  the reproduction by any means, directly or indirectly, of their phonograms or 
videograms; 
 (b)  the distribution to the public of the or iginal or of copies of their phonograms or 
videograms, through sale or other form of transfer of ownership; 
 (c)  the rental to the public, with commercial purposes, of their phonograms or videograms; 
 
(d)  the making available to the public, by wi red or wireless means, of their phonograms or 
videograms, so that members of the public can have access to them from a place and at a time individually chosen. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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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. 
 
 
Article 187 
Identification of the Producer 
 
The identity of the producer or of his repr esentative shall appear on each copy of a 
phonogram or videogram or on its packaging. 
 
 
Article 188 
Lapse 
 
(1)  The rights of producers of phonograms an d of producers of videograms shall lapse 50 
years after the end of the year in which the publication of the phonogram or videogram has 
occurred. 
 (2)  Whenever the phonogram or videogram is not published, the term referred to in the 
preceding paragraph shall be counted from the end of  the year in which the respective fixation of 
the sounds or images has occurred. 
 
 
CHAPTER IV 
BROADCASTING ORGANIZATIONS 
 
 
Article 189 
Definitions 
 
 (Repealed)  
 
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 in the Macao Special Administrative 
Region; 
 
(b)  the transmission of broadcasts originates in a broadcasting station located in the Macao 
Special Administrative Region. 
  
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; 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (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; 
 
(c)  the communication of its broadcasts to th e public in public places where an admission 
fee is charged. 
 
 
Article 192 
Lapse 
 
The rights of broadcasting organizations shal l lapse 20 years after the end of the year in 
which the broadcast occurred. 
 
 
CHAPTER V 
PROMOTERS OF SHOWS 
 
 
Article 193 
Definition 
 
(Repealed)  
 
Article 194 
Rights of Promoters of Shows 
 
The promoter of shows 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 in the Macao Special Administrative Region that engage in that activity as their 
principal objective. 
  
Article 196 
Registration of the Agency 
 
(1)  Collective management agencies shall be registered with the Macao Economic Services 
(hereinafter referred to as "the MES") at le ast 30 days before they start to operate. 
 
(2)  For the preceding provision to take effect, the collective management agency shall 
submit to the MES: 
 (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/Rev.1/Add.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 re presented 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 of attorney. 
 
 
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 righ ts 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 MES, 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 MES shall supply information and shall issue certificates concerning the 
registrations provided for in Article 196 and th e communications provided for in the preceding 
Article to any person who so requests. 
 
(2) The fees due by registration and certific ates shall be set by dispatch of the Chief 
Executive. 
 
 
Article 200-A 
Accumulation of crimes 
 
The penalties for the crimes provided for in this Decree-Law shall not apply if other more 
severe penalties are applicable by virtue of another legal provision. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  PART V 
CRIMINAL AND ADMINIST RATIVE INFRINGEMENTS 
  
CHAPTER I 
GENERAL PROVISIONS 
 
 
Article 201 
Determination of Severity of Penalty 
 
In determining the severity of the penalty for the crimes provided for in this Decree-Law, the 
court shall especially take into account the number of unlawful copies that have been put in circulation, the economic benefit obtained by the perpetrator and the damage caused to the holder 
of the right. 
  
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 Accessory Penalties 
 
(1)  The following accessory 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)  Accessory penalties may be combined. 
 (3)  Failure to submit to accessory penalties, even through an intermediary, shall make the 
offender guilty of the offenses provided for in Article 317 of the Criminal Code. 
 
(4)  For the purposes of subparagraphs c) an d d) of paragraph 1, the electronic sites 
available on a public computer network shall be assimilated to establishments. 
 
 
Article 204 
Commitment to Good Conduct 
 
(1)  A good conduct bond obliges the party conc erned 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/Rev.1/Add.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 committ ing any of the offenses provided for in this 
Decree-Law within the period set, the bond shall be forfeited to the Macao Special Administrative 
Region. 
 
 
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 accessory penalties for an offense 
provided for in this Decree-Law, except where 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 provid ed 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 an y 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 circum stances show that the previous sentence or 
sentences did not constitute adequate prevention of the offenses; 
 
(b)  where the offender has been previously condemned to the penalty of temporary closure 
of establishments; 
 
(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. 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  (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 accessory 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 part y, and the provisions of the Civil Procedure 
Law on the summoning 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 sa nctions 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 
CRIMES 
 
 
SECTION I 
MISUSE OF WORK, PHONOGRAM OR VIDEOGRAM 
 
 
Article 209 
Appropriation of Work 
 
(1)  Whoever publicly uses a work of others, presenting it as his own creation, shall be 
punished with imprisonment of up to 2 years or with a fine of up to 240 days. 
 
(2)  If the work is unpublished the penalty shall be of imprisonment of up to 3 years or a 
fine of up to 360 days. 
 
 
Article 210 
Violation of Rights to Unpublished Work 
 
(1)  Whoever, without authorization from the ho lder of the right, publishes or divulges an 
unpublished work, shall be punished with imprisonment  of up to 2 years or with a fine of up to 
240 days. 
 (2)  The penalty shall be of imprisonment of up to 3 years or a fine of up to 360 days if the 
divulgation is done by making the work available to the public in a public network of computers. 
  
Article 211 
Counterfeiting of Work, Phonogram or Videogram 
 
Whoever, without authorization of the holder  of the exclusive right of reproduction, 
reproduces with commercial purposes, in whole or in a significant part, directly or indirectly, a 
work, phonogram or videogram, shall be punish ed with imprisonment of up to 4 years. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  Article 212 
Trade in Counterfeit Copies 
 
(1)  Whoever, who knows or ought to know of the counterfeiting, sells, offers for sale, 
stores, imports, exports or in any way distributes with commercial purposes, without the 
permission of the holder of th e exclusive right of distribution , counterfeit copies of a work, 
phonogram or videogram, shall be punished with im prisonment of up to 2 years or with a fine of 
up to 240 days. 
 (2)  Attempts shall be punished.  
 
Article 213 
Making available in Computer Network Without Authorization 
 
Whoever, without authorization of the holder of  the respective exclusive right, makes a work, 
phonogram or videogram publicly available in a public network of computers, with commercial 
purposes, shall be punished with imprisonment of up to 2 years or with a fine of up to 240 days. 
  
Article 214 
Complaint 
 
The criminal procedure for the crimes provided for in articles 209, 210 and 213 depends upon 
a complaint. 
  
SECTION II 
PROTECTION OF TECHNOLOGICAL MEASURES 
  
Article 214-A 
Notion of Technological Measure of Protection 
 
For the purposes of this Section, it shall be considered as a technological measure of 
protection all technology used in originals or copies of works, phonograms or videograms, or in a broadcast, or in an equipment that enables reading, viewing, hearing, reproduction, 
communication, reception, broadcasting or transmission of works, performances, phonograms, 
videograms or broadcasts, and which, in the course of its normal functioning, prevents or restricts specifically: 
 
(a)  the access, without proper authorization,  to a work, phonogram or videogram protected 
in accordance with this Decree-Law; 
 
(b)  the reception, by any means, of a broadcasting; 
 (c)  the unauthorized practice of an act that is reserved by this Decree-Law to the holder of 
a copyright or related right over the work, performance, phonogram, videogram or broadcast. 
  
Article 214-B 
Deactivation or Suppression of Te chnological Measure of Protection 
 
(1)  Whoever, with commercial purposes, deac tivates or suppresses a technological measure 
of protection shall be punished with imprisonment  o f  u p  t o  2  y e a r s  o r  w i t h  a  f i n e  o f  u p  t o  
240 days. 
 
(2)  Whoever, with commercial purposes, advert ises or offers to the public services of 
deactivation or suppression of technological measures of protection shall be punished with imprisonment of up to 1 year or with a fine of up to 120 days. 
 
(3)  The criminal procedure depends upon a complaint. IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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Article 214-C 
Instruments for Deactivation or Suppression 
 
Whoever, with commercial purposes, produces, im ports, exports, sells, distributes or rents 
any object, device or computer program that is designed primarily to deactivate or suppress 
without authorization a technological measure of protection, or that does not have another 
relevant purpose other than to allow such deactivation or suppression, shall be punished with imprisonment of up to 2 years or with a fine of up to 240 days. 
 
 
Article 214-D 
Exclusion of Unlawfulness 
 
The deactivation or suppression of a technological measure of protection shall not be 
considered a crime whenever it: 
 
(a) constitutes a necessary means to effect a right of access or of use of a work, 
performance, phonogram or videogram, or of a right to receive a broadcast;  
 
(b)  is carried out for non-profit purposes of scientific research or education; 
 (c)  is carried out by a public authority, in th e exercise of its respective competences, in the 
framework of judicial, administrative or criminal investigation proceedings. 
  
SECTION III 
PROTECTION OF ELECTRONIC INFORMATION FOR MANAGEMENT OF RIGHTS  
 
 
Article 214-E 
Notion of Electronic Informat ion for Management of Rights 
 
For the purposes of this Section, it is considered as electronic information for the 
management of rights all information in electronic format, including any codes or numbers, which may be used by those entitled to do so in the orig inal or in copies of a protected work, fixation of 
performance, phonogram or videogram or broa dcast, or presented upon its respective 
communication to the public, and that has one or more of the following objectives: 
 (a)  to identify the work, the performance, th e phonogram, the videogram or the broadcast; 
 
(b)  to identify the author, the artist perf orming or executing, the producer of the 
phonogram or videogram, the broadcasting entity or the holder of any other right on the work, 
fixation of performance, phonogram, videogram or broadcast; 
 (c)  to identify the terms in which the work, fixation of performance, phonogram, videogram 
or broadcast can be used. 
 
 
Article 214 - F 
Suppression or Alteration of Electronic Information for Management of Rights 
 
(1)  Whoever, with the intention to violate or enable, facilitate or conceal the violation of a 
right provided for in this Decree-Law, suppresse s or changes any electronic information for the 
management of rights shall be punishable with impris onment of up to 1 year or with a fine of up to 
120 days. 
 
(2)  Whoever, having knowledge that the electronic information for the management of 
rights over a work, a fixation of a performance, a phonogram or a videogram has been removed or changed without authorization from those entitled to do so, proceeds, for commercial purposes, 
with its broadcast or communication to the public, or distributes, imports or makes available to the IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  public their originals or copies, shall be punishable with imprisonment of up to 2 years or with a 
fine of up to 240 days. 
 (3)  The criminal procedure depends upon a complaint. 
 
 
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 Macao Special Administrative Region 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 in the Macao Special Administrative Region but not registered with the MES in accordance with Article 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 
Repeat offenders 
 
(1)  In the case of repetition of the offenses provided for in this Chapter, the minimum limit 
of the fine applicable shall be raised by a quarter. 
 
(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 Macao Customs Service shall be competent to impose fines for the infringements provided 
for in this Chapter. 
 
 
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 Macao Special Administrative Region. 
 
 IP/N/1/MAC/C/1/Rev.1/Add.1 
 
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  PART VI 
FINAL PROVISIONS 
  
Article 220 
Protection Under Other Legal Provisions 
 
The provisions of this Decree-Law shall not pr ejudice 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 promoters of shows 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 Governor's Decision 
No. 679/71 of December 7, 1971, both of which were published in the Official Bulletin on January 8, 1972, is hereby 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 Ce ntral 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. 
 
  
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