WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/MDV/C/1 
19 October 2011 
 (11-5191) 
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 
 
MALDIVES 
  The present document reproduces the text
1 of the Law on Copyright and Related Rights (Law 
No. 23/2010), as notified by the Maldives on 12 Oct ober 2011, under Article 63.2 of the Agreement 
(see document IP/N/1/MDV/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
MALDIVES 
 
 Le présent document contient le texte
1 de la Loi sur le droit d'auteur et les droits connexes 
(Loi n° 23/2010), notifiée par les Maldives le 12 oc tobre 2011 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/MDV/1).   
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
MALDIVAS 
  En el presente documento se reproduce el texto
1 de la Ley de Derechos de Autor y Derechos 
Conexos (Ley N° 23/2010), notificada por Maldivas el  12 de octubre de 2011 en virtud del párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/MDV/1).   
                                                      
1In English only/En anglais seulement./En inglés solamente.  IP/N/1/MDV/C/1 
 Page 3 
 
 
  UNOFFICIAL ENGLISH TRANSLATION 
 
Law number: 23/2010 
 
THE COPYRIGHT & RELATED RIGHTS ACT 
 
SECTION 1 
 
INTRODUCTION 
  
Introduction and name: 1.  (a)  This Act protects the copyrights and related rights in the 
Republic of Maldives and stipul ates the actions and penalties 
resulting from infringement of these.  
 
    (b) This Act shall be referr ed to as the "Copyright & Related 
Rights Act". 
 Application of the Act: 2. (a)  Upon coming in to effect, this Act shall protect the works 
produced in Maldives and the wo rks produced by signatories 
of international conventions which Maldives is party to. 
 
    (b)  Works that were produced  before this Act came into force 
will be protected under the following circumstances. 
      (1) The duration for which the work was protected under any 
regulation, prior to this Act coming into force, has not 
expired; or 
      (2) The duration of such works protected by legislation of a 
signatory to international conve ntions to which Maldives is 
party to has not expired. 
 
    (c)  When calculating the duration of copyright and related rights 
for this sub-section (b), the registration date, if registered, shall be the date the work was registered and if not registered, shall be the date on which the work was first 
made available to the public. 
  
SECTION 2 
 
COPYRIGHTS 
 
WORKS PROTECTED UNDER THIS ACT  
 
3. The following types of works shall be protected under this Act.  
(a)  Literary and artistic works that fall  under intellectual and professional domain, and 
particularly the following works: 
   (1)  Books, pamphlets, articles and other writings;   (2)  Academic, literary and artistic speeches and addresses; IP/N/1/MDV/C/1 
Page 4  
 
   
(3) Drama, musicals, stage performances, choreography, steps and other presentations 
and other works for stage productions; 
     (4) Poems, songs, tunes, and other musical products: 
 
(5) Feature films, documentary films, dr ama, video songs and other video-visual 
presentations and works: 
     (6) Works of art and architecture: 
 
  (7) Photographic works;    (8) Works of applied arts;  
(9) Illustrations, charts, plans, sketches and three-dimensional works related to 
geography, topography, architecture or science;  
  (10) Computer programs (even if represented as source codes or object codes).  (b) Under this Act, works shall be protected by the sole fact of their creation, irrespective of their 
mode or form of expression, as well as of their content, quality and purpose. 
 
DERIVATIVE WORKS 
 
4. (a)  The following derivative works sh all also be protected under this Act. 
 
  (i)  Translations, adaptations, arra ngements and other transformations or 
modifications of works; 
   (ii)  Collections of works, collections of data (databases) in whatever form, and 
collections of expressions of folklore that are original by selection or 
arrangement. 
 (b) The protection of any work referred to in Subsection (a) shall not in any way affect any 
protection of pre-existing work or expression of folklore incorp orated in or utilized for the 
making of such a work. 
 
ORIGINALITY OF WORKS 
 
5.  The protection of any product or works referre d to in Sections 3 and 4 of this Act shall only 
extend to originally created products or work. 
 WORKS NOT PROTECTED 
 
6.  Notwithstanding the provisions of Section 3 a nd 4, no protection shall extend under this Act 
to:  
 
 (a)  any idea, procedure, system, method of operation, concept, principle, discovery or 
mere data, even if expresse d, described, explained, illustrated or embodied in a work; 
and 
 (b)  any official text of a legislative, admini strative or legal nature, as well as any official 
translation of such documents.  IP/N/1/MDV/C/1 
 Page 5 
 
 
   
REGISTRATION OF COPYRIGHT 
 
7. (a) This Act does not deem it compulsory for pa rties to register their work in a Government 
authority in order to gain protection under this  Act. However, the Act allows those parties 
who desire to register such works, to be regi stered in the allocated Government authority. 
     (b) As per sub-section (a), the rights of those works not registered will not be affected in any way 
by not choosing to seek registration of copyrights. The main purpose of such a registration is to provide a means for a right holder to convey in a court judgment that the work is his 
creation. 
    (c) Sub-section (a) allows the allocated Government  authority to levy a registration fee to register 
copyrights under this Act. 
 REGISTERED COPYRIGHT WORKS TO BE FIXED IN A MEDIUM 
 
8. (a)  All works registered under this Act has to be fixed in a medium to be registered.   
However the rights of artists as stipulated in  Section 2 will not be affected due to the 
conditions imposed by this sub-section. 
 
 (b)  Programs that can be copied automa tically for the repair and maintenance of 
computers are not fixed, but these not being fixed shall not affect copyrights under this Act. 
 
 (c)  Any person who does not desire to regist er a work under this Act but wants to prove 
in a court of law that it is his own work, can fix the work in a medium and post the work through registered post to his pers onal address. However self-posted packages 
can only be admitted as evidence in such a court of law, if the post is unopened and 
intact, and if the date of postage can be  determined from the cover of the post. 
 AUTHOR'S RIGHTS 
 
9. (a) Unless written and specified otherwise, th e copyright of a work belongs to the author 
of the work. 
 
 (b) Unless written and specified under a contract , the author has the right to publish and 
or determine how his work shall be published. 
  (c) Unless written and specified under a contract , the author of a work has the right to 
exploit his work for economic purposes and use it for commercial gain. 
 ECONOMIC RIGHTS 
 
10. (a) Subject to the provisions of Section 13 to 20, the exclusive right to carry out or to authorize 
the following acts in relation to the work rest s with the author or the copyright holder . 
 
I. reproduction of the work; 
 II. translation of the work;  III. adaptation or transformation of the work; IP/N/1/MDV/C/1 
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IV. the distribution to the public by sale, rental, public lending or otherwise of the original or a 
copy of the work that has not already been authorized by the owner of copyright for the same 
to another party. 
 
V. rental or public lending of the original or a c opy of an audiovisual work, a work included in a 
sound recording, a computer program, a database or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned; 
 VI. public display of the original or a copy of the work; 
 
VII. public performance of the work;  VIII. broadcasting of the work;  
IX. publicizing of the work through other communicative media. 
  (b)  The rights of rental and lending under item (5) of sub-section (a) do not apply to 
rental or lending of computer programs where the program itself is not the main object of the rental or lending. 
 MORAL RIGHTS 
 
11. (a) Independent of his economic rights, and ev en where he is no longer the owner of the said 
rights, the author of a work is entitled to: 
 
 (1) The right to have his name indicated pr ominently on the copies of his product and in 
any public use of his work; 
  (2) The right to not have his name indicated on the copies of his product and in public use 
of his work, and the right to use a pseudonym; and 
 
 (3) the right to object to any distortion of  his work which could cause damage to his 
honor or reputation and the right to object to  any unjustified modifications of his work. 
 (b)  None of the rights mentioned in the subsec tion (a) shall be transferred to another person 
during the life of the author. However, the aforementioned rights can be transferred by 
testamentary disposition or by operation of law following the death of the author. 
 (c)  The author may waive all or any of the moral rights mention in subsection (a), provided that it 
is clearly specified in writing the right or right s waived and the circumstances the waiver is 
applicable to, and provided further that any waiv er of the right in subsection (a) (3) specifies 
the nature and extent of the modification. 
 
(d)  Following the death of the author, the physical person or the legal entity upon whom the 
rights rest can act as per subsection (c). 
  IP/N/1/MDV/C/1 
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  PRIVATE REPRODUCTION FOR PERSONAL PURPOSES 
 
12. (a)  Notwithstanding Section 10 (a) (1), and s ubject to the provisions of subsection (b), the 
private reproduction of a published work in a single copy shall be permitted without the 
authorization of the author or owner of copyrigh t, where the reproduction is made by a person 
exclusively for his own personal purposes. 
 (b)  The permission under subsection (a) shall not extend to the following.   (1) to the reproduction of a work of architecture in the form of building or other construction; 
 
(2) to reproduction in the form of the whole or  a substantial part of a book or of a musical 
work in the form of notation; 
  (3) to reproduction of the whole or a substantial part of a database in digital form; 
 
(4) to reproduction of a computer program, except as provided in Section 18 of this regulation; and 
 
(5) to reproduction of any work in cases where reproduction would affect the normal 
proceedings the work may generate and could pr ejudice the legitimate interests of the author 
or other owner of the copyright. 
 
(6) to reproduction of feature films, documen tary films, dramas, video songs and other 
audiovisual presentations created for commercial use. 
 TEMPORARY REPRODUCTION 
 
13.  Notwithstanding the provisions of Section 10  (a)(1), the temporary reproduction of a work 
shall be permitted if all the following conditions are met; 
  (a) the reproduction is made in the process of  a digital transmission of the work or while 
making a digitally stored work perceptible, 
  (b) the reproduction is by a person or entit y with the authorization of the owner of 
copyright or is entitled to it by law. 
 
 (c)  it is an accessory to that transmission or making perceptible, that occurs during the 
normal operation of the equipment used and results in the automatic deletion of the 
copy without enabling the retrieval of th e work for any other purpose than those 
specified in subsections (a) and (b). 
 
QUOTATION 
 
14. (a) Notwithstanding the provisions of Section 10 (a) (1), the reproduction, in the form of 
quotation, of a short part of a published work shall be permitted without authorization of the 
author or other owner of copyright, provided th at the reproduction is compatible with fair 
practice and does not exceed the extent justified by the purpose. 
 
(b)  The quotation shall be accompanied by an i ndication of source, the name of the author, and 
form of publication as far as practicable of the provisions specified in subsection (a). 
 IP/N/1/MDV/C/1 
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  REPRODUCTION FOR TEACHING 
 
15. (a) Notwithstanding the provisions of Section 10  (a) (1), a limited portion of a published work 
can be reproduced and presented as a quotation w ithout the authorization of the author or 
other owner of copyright, provided that such re production is compatible with fair practice and 
does not exceed the extent justified by the purpose; 
 (b) The reproduction shall be accompanied by an in dication of source, the name of the author, 
and form of publication as far as practicable of  the provisions specified in subsection (a). 
 REPROGRAPHIC REPRODUCTION BY LIBRARIES AND ARCHIVES 
 
16.  Notwithstanding the provisions of Section 10 (a) (1), any library or archive whose activities do not serve direct or indirect commercial gain may, without the authorization of the author or other 
owner of copyright, make a single copy of the work by reprographic reproduction in the following 
ways. 
 (a)  where the work reproduced is a published article , other short work or short extract of a work, 
and where the purpose of the reproduction is to satisfy the request of a particular person, 
provided that; 
 
 (1)  the library or archive is satisfied that the copy will be used so lely for the purpose of 
study, scholarship or private research, 
  (2)  the act of reproduction is an isolated  case occurring, if repeated, on separate and 
unrelated occasions, and 
 
 (3)  there is no collective license available th at is, offered by a collective administration 
organization of which the library or archive is or should be aware, under which such 
copies can be made; or 
 (b) Where the copy is made in order to preserve and if necessary, replace a copy or to replace a 
copy which has been lost, destroyed or rende red unusable in the permanent collection of 
another similar library or archive, provided that it is impossible to obtain such a copy under reasonable conditions, and provided further that  the act of reprographic reproduction is an 
isolated case occurring, if repeated, on separate and unrelated occasions. 
 REPRODUCTION, BROADCASTING AND OTHER COMMUNICATION TO THE PUBLIC FOR INFORMATORY PURPOSES 
 
17.   Notwithstanding the provisions of Section 10 (a), (8) and (9), the following acts shall be 
permitted in respect of a work without the author ization of the author or the other owner of 
the copyright, subject to the obligation to indi cate the source and the name of the author as far 
as practicable: 
 
(a)  the reproduction in a newspaper or periodi cal, the broadcasting or other communication to 
the public of an article published in a newspa per or periodical on current economic, political 
or religious topics or a broadcast work of th e same character. This permission shall not apply 
where the right to authorize reproduction, broa dcasting or other communication to the public 
is expressly reserved on the copies by the author or other owner of copyright, or in connection 
with broadcasting or other communication to the public of the work; 
  IP/N/1/MDV/C/1 
 Page 9 
 
 
  (b) the reproduction in a newspaper or periodi cal, the broadcasting or other communication to 
the public  of a political speech, a lecture, sermon or  other work of similar nature  delivered in 
public, or a speech delivered during legal proceedin gs, to the extent justified by the purpose 
of providing current information; and 
 
(c) for the purpose of reporting current events , the reproduction and the broadcasting or other 
communication to the public of short excerpts of a work seen or heard in the course of such 
events, to the extent justified by the purpose. 
 
REPRODUCTION AND ADAPTATION OF COMPUTER PROGRAMS 
 
18.  (a) Notwithstanding Section 10 (a) (1) and (3 ), the reproduction, in a single copy, or the 
adaptation of a computer program by the lawful  owner of a copy of that computer program 
shall be permitted without the authorization of  the author or other owner of copyright, 
provided that the copy or adapta tion is necessary for the following. 
 
  (1)  for use of the computer program with a computer, for the purpose and extent 
for which the computer program has been obtained; or 
   (2) for archival purposes and for the replacement of the lawfully owned copy of 
the computer program in the event that the said copy of the computer program 
is lost, destroyed or rendered unusable. 
 
(b) No copy or adaptation of a computer progr am shall be used for any purpose other than 
those specified in subsection (a). In the even t that continued possession of the copy of the 
computer program ceases to be lawful, the re levant government authority has the power to 
destroy any such copy or adaptation without compensation. 
 
DISPLAY OF WORKS 
 
19.  Notwithstanding the provisions of Section 10, (6)  of subsection (a), the public display of 
originals or copies of works shall be permitted without the authorization of the author, 
provided that the display is made other than by  means of a film, slide, television image or 
otherwise on screen or by means of any other devise or process, and provided further that the work has been published or the original or th e copy displayed has been sold, given away or 
otherwise transferred to another person by the author or his successor in title. 
 DURATION OF COPYRIGHT 
 
20.  (a) Subject to subsections (b), (c), (d) and (e), the economic and moral rights shall be 
protected during the life of the author an d for full fifty years after his death. 
  (b)  In the case of co and joint author ship, the economic and moral rights shall be 
protected under this Act, during the life of th e last surviving author and for full fifty (50) 
years after his death. 
 
(c) In the case of collective work, other than a work of applied art, and in the case of an 
audiovisual work, the economic and moral rights sh all be protected for fifty (50) years from 
the date on which the work was either made, fi rst made available to the public, or first 
published, whichever date is latest. 
  (d)  In the case of a work published anon ymously or under a pseudonym, the economic 
and moral rights shall be protected for fifty (50) years from the date on which the work was IP/N/1/MDV/C/1 
Page 10  
 
  wither made, first made available to the public or  first published, whicheve r date is the latest. 
Provided where the author's identity is revealed or is no longer doubtful before the expiration 
of the said period, the provisions of subsections (a) or (b) shall apply. 
  (e)  In the case of a work of applied art, the economic and moral rights shall be protected 
for twenty five (25) years from the making of the work. 
  (f)  All periods mentioned in the preceding subsections shall run to the end of the 
calendar year in which it would otherwise expire 
 ORIGINAL OWNERSHIP OF ECONOMIC RIGHTS 
 
21. (a) Subject to subsections (a) to (e), the or iginal owner of the economic rights is the author 
who has created the work. 
 
(b) In the case of a work of join t authorship, the co-authors shall be the original owners of the 
economic rights. If, however, a work of joint auth orship consists of parts that can be used 
separately and the author of each part can be id entified, the author of each part shall be the 
original owner of the economic rights in the part that he has created. 
 
(c) In the case of a collective work, the individual or legal entity under whose initiative and 
direction which the work has been created shall be the original owner of the economic rights. 
 
(d) In the case of work created by an author em ployed by an individual or legal entity in the 
course of his employment, the original owner of the economic rights shall be, unless provided 
otherwise in a contract, the employer. 
 
(e) In the case of audiovisual work, the original owner of the economic rights shall be the producer, unless provided otherwise in a contract . The co-authors of the audiovisual work and 
if the new production incorporated an adaptation of a pre-existing work, the rights of authors 
shall be protected to the extent of their contri bution or to the extent to their economic rights 
are protected.  
 
PRESUMPTION OF AUTHORSHIP AND REPRESENTATION OF THE AUTHOR 
 
22.  (a) In the absence of proof to the contra ry, the person whose name is indicated as the 
author on a work in the usual manner shall be presum ed to be the author of the work. This provision 
shall be applicable even if the name is a p seudonym, where the pseudonym leaves no doubt as to the 
identity of the author.  (b)  In case of an anonymous or pseudonymous work , subject to the provision in the latter part of 
subsection (a), the publisher whose name appears on the work shall, in the absence of proof to the 
contrary, be presumed to represent the author and, in this capacity, shall be entitled to exercise and 
enforce the moral and economic rights of the aut hor. This presumption shall cease to apply when the 
author reveals his identity.  
ASSIGNMENT AND LICENSE OF AUTHOR'S RIGHTS 
 23.  (a) The economic rights of an author can be assignable in whole or in part to another 
party. 
  IP/N/1/MDV/C/1 
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   (b) Any assignment of an economic right, and any license to do an act subject to 
authorization by the author or other owner of  copyright, shall be in writing signed by the 
assignor and the assignee, or by the licensor and the licensee. 
  (c) In the case of an assignment in whole or in part of any economic right, or of a license 
to do an act is authorized by the author or ot her owner of copyright, it shall not be presumed 
to include the assignment or license of any other rights not explic itly referred in it. 
 
THE ORGANIZATION THAT REPRESEN TS THE OWNERS OF COPYRIGHT 
 24.  As per the provisions of this Regulation, an organization can be created to represent the 
owners of copyright. The organization that repr esents the owners of copyright shall be one 
jointly created by owners of copyrights and re lated rights, or potential owners of copyrights 
and related rights, or the agents of said owne rs, or potential agents of these owners. The 
organization shall work together and negotiate with the relevant bodies, one of the main 
objects of which would be to issue licenses fo r other parties to access the works protected 
under this Act.  
 
SECTION 3 
 
PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDING AND 
BROADCASTING ORGANIZATIONS 
 
ACTS REQUIRING AUTHORIZATION OF PERFORMERS 
 
25. (a) Subject to the provisions of Section 29, a pe rformer shall have the exclusive right to carry out 
or authorize any of the following acts: 
 
(1)  the broadcasting or other communica tion to the public of his performance, 
 except where the broadcasting or other communication; 
   (a) is made from a fixation of the pe rformance, other than a fixation made under 
the terms of Section 29 or otherwise ma de without the authorization of the 
performer or 
 
  (b) is a re-broadcasting made or authorized by the organization initially 
broadcasting the performance; 
 
 (2)  the fixation of his unfixed performance:   (3)  the direct or indirect reproduction of a fixation of his performance, in any manner or 
form; 
 
 (4)  the first making available to the public of a fixation of his performance, or copies of 
it, through sale or other transfer or ownership; 
  (5)  rental to the public or public lending of a fixation of his performance, or copies of it, 
irrespective of the ownership of the copy rented or lent; and 
 
 (6)  the making available to the public of  his fixed performance, by wire or wireless 
means, in such a way that members of the public may access them from a place or at a 
time individually chosen by them.  
 IP/N/1/MDV/C/1 
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  (b) Once the performer has author ized the incorporation of his performance in an audiovisual 
fixation, the provisions of subsection (a) shall cease to be applicable. 
 (c) Independent of the performer's economic rights a nd even after the transfer of those rights, the 
performer shall, with regard to his live perfo rmances and fixation of performances, have the 
right to claim to be identified as the perform er of said performance; and to object to any 
distortion or modification of his performances that would be prejudicial to his reputation. The provisions of subsections (b) and (c) of Section 11 apply in consideration of the event to the 
rights granted under this subsection. 
 
(d)  Nothing in this Section shall deprive perform ers of the right to agree by contracts on terms 
and conditions more favourable to them  in regard of their performances. 
  (e) The rights under this Section shall be protect ed until the end of the fiftieth calendar year 
following the year in which the performance was fixed in a phonogram, or in the absence of 
such a fixation, from the end of the y ear in which the performance took place. 
 
ACTS REQUIRING AUTHORIZATION OF PRODUCERS OF SOUND RECORDINGS 
 
26. (a) Subject to Section 29, a producer of a sound recording shall have the exclusive right 
to carry out or to authorize any of the following acts: 
 
  (1) direct or indirect reproduction of sound recording in any manner or form;    (2) the making available to the public by sale or other transfer of ownership, of 
the original or copies of the sound recording that has not already been subject to a 
distribution authorized by the producer; 
   (3)  rental to the public or public lending of a copy of the sound recording, 
irrespective of the ownership of the copy rented or lent; 
   (4) the making available to the public of the sound recording, by wire or wireless 
means, in such a way that members of the public may access it from a place or at a 
time individually chosen by them. 
  (b) The rights under Subsection (a) shall be  protected from the publication of the sound 
recording until the end of the fiftieth (50th) calendar year following the year of 
publication or, if the sound recording has not been published from the fixation of the 
sound recording until the end of the fiftieth (50th) calendar year, following the year of 
fixation. 
 
EQUITABLE REMUNERATION FOR USE OF SOUND RECORDING 
 27. (a) If a sound recording published for co mmercial purposes, or a reproduction of such 
recording is used directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remunera tion for the performer or performers and the 
producer of the sound recording shall be paid by the user to the producer. 
 
(b) Unless otherwise agreed between the perfo rmers and the producer, half of the amount 
received by the producer under Subsection (a) shall be paid by the producer to the producer to 
the performer or performers. 
  IP/N/1/MDV/C/1 
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  (c) The right to equitable remuneration under this Section shall begin from the date of 
publication of the sound recording until the end of the fiftieth calendar year following the year of publication or, if sound recording has not b een published from the date of fixation of the 
sound recording until the end of the fiftieth calendar year following the year of fixation. 
 
(d) For the purposes of this Section, sound record ings that have been made available to the 
public by wire or wireless means in such a way that members of the public may access them 
from a place and at a time individually chosen by them shall be regarded as having been 
published for commercial purposes. 
 ACTS REQUIRING AUTHORIZATION OF THE BROADCASTING ORGANIZATIONS 
 
28. (a) Subject to Section 29 a broadcasting or ganization shall have the exclusive right to 
carry out or to authorize any of the following acts: 
 
   (1) the re-broadcasting of its broadcast; 
    (2) the communication to the public of its broadcast;     (3) the fixation of its broadcast; and  
   (4) the reproduction of its broadcast. 
  (b) The rights under this Section shall be protected from the moment when the 
broadcasting takes place until the end of the fiftieth calendar year. 
 WORKS NOT PROTECTED 
 
29. Section 25, 26, 27 and 28 shall not apply wh ere the acts referred to in those sections are 
related to 
  (a) using short excerpts for reporting current ev ents to the extent justified by the purpose 
of providing current information; 
  (b) reproduction solely for scientific research;   (c) reproduction solely for the purpose of face-face teaching activities, except for 
performances and phonograms wh ich have been published as teaching or instructional 
materials; and 
  (d) cases where, under Section 2, a work can be used without the authorization of the 
author or other owner of copyright. 
 
SECTION 4 
 
ENFORCEMENT OF RIGHTS 
 
MEASURES 
 
30. (a) The court having jurisdiction of civil ac tion arising under this Act, shall have the 
authority, to act as per law and order and fair practice on the following. 
 IP/N/1/MDV/C/1 
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    (1) to grant injunctions to prohibit th e committing, or continuation of committing, 
of infringement of any right protected under this Act; and 
   (2) to order impounding of copies of works or sound recordings suspected of 
being made or imported without the aut horization of an owner of any right 
protected under this Act. 
  (b) For relevant Government authorities to check, investigate and take necessary steps as 
per civil and criminal procedures of the country  in instances where there is reason to suspect 
infringement of the rights protected under this Act. 
 
31.  CIVIL REMEDIES  
  (a) The owner of any right protected under this Regulation whose right has been 
infringed shall be entitled to payment, by the infringer, of damages for the property 
and the prejudice sustained as a consequence of infringement, as well as the payment 
of expenses caused by these acts, inclusiv e of legal costs incurred in obtaining the 
damages.  
  (b) The amount of damages specified in sub section (a) shall be fixed after assessing the 
extent of damages suffered by the owner of the right, as well as the infringer's profits 
attributable to the infringement.  
  (c) Where the infringer did not know or ha d no way of knowing that he was engaged in 
infringing activity, the court may limit damages to the profits of the infringer attributable to the infringement. 
 
 (d) Where infringing copies exist, and if the owners of rights do not request otherwise, 
the court shall have the authority to order the destruction of those copies in a manner 
which does not harm the right holder. This pr ovision shall not be applicable to copies 
which were acquired by a third party in good faith, with no intention of infringing of 
the rights of anyone. 
 
 (e) Where there is reason to believe that there is danger that a material may be used to 
commit or continue to commit acts of infringement against the rights of an individual, the court shall, order their destruction or order them to be returned to the owner of the right. 
 
 (f) Where there is reason to believe that there is a danger that acts of infringement may 
be continued, the court has the authority to  order such acts not be committed. Further, 
if the order is not respected, the court shall fix a fine of between 10.000/-(ten-
thousand) Rufiyaa and 300,000/- (three hundred thousand) Rufiyaa, which shall be paid depending on the extent of the violation. 
 
 
CRIMINAL PROCEEDINGS 
 
32. (a) Deliberate or inadvertent infringement of  any rights protected under this Regulation 
will result in a levy of a fine between 50, 000/- (fifty thousand) Rufiyaa and 300,000/- 
(Three hundred thousand) Rufiyaa by the court. The amount of fine shall be fixed based on the damages incurred to the right ho lder or of the damages that are foreseen 
to incur on the right holder. 
  IP/N/1/MDV/C/1 
 Page 15 
 
 
   (b) If any infringer who was proven to have infringed a right stated in subsection (a) 
commits any subsequent infringements within 5 (five) years of the first infringement, the court has the power to levy two times the highest amount of fine as stated in subsection (a). 
 
 (c) During criminal proceedings, and if civil proceedings as stated in Sections 30 and 31 
have not been completed, the proceedings for civil damages can also be continued with the criminal proceedings. 
 
MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES IN RESPECT OF 
TECHNICAL MEANS OF PROTECTION AND RIGHTS MANAGEMENT INFORMATION  
33. (a) The following acts shall be considered unlaw ful and in the application of Sections 30, 31 and 
32, shall be considered as infringements of rights protected under this Act: 
 
 (1) The manufacture for sale or rental of an y device or means specifically designed or 
adapted to prevent any device or means intende d to impair the quality of copies made 
or prevent making copies; 
  (2) The manufacture for sale or rental of any device or means that facilitate or enable the 
reception of an encrypted program, which is  broadcast or transmitted through satellite, 
or otherwise communicated to the public, by  those who are not entitled to receive the 
program; 
  (3) The removal or modification of any electronic rights management information 
without authorization; 
 
 (4) Unauthorized distribution, import for distribution, broadcasting, communication to the 
public or making available to the public, of works, performances, sound recordings or 
broadcasts, knowing or having reason to k now that electronic rights management 
information has been removed or modified without authority. 
 
(b) If any party conducts any acts stated in subsection (a) of this Section, it shall be considered as 
an infringement of copyright or related rights and the infringer will be fined an amount between 1000/- (one thousand) Rufiyaa and 100,00 0/- (one hundred thousand) Rufiyaa. The 
right holder also has the option to take action under sanctions provided for in Sections 30 and 
31 of this Act. 
 
SECTION 5 
 
MISCELLENEOUS 
 
SCOPE OF APPLICATION 
 
34. (a) The provisions of this Act concerning the pr otection of literary and artistic works shall apply 
to; 
  (1) works of authors who are nationals of, or have their habitual residence in the Republic 
of Maldives; 
  (2) works that are eligible for protection in  the Republic of Maldives in accordance with 
any international convention or internati onal agreement to which the Republic of 
Maldives is party to. IP/N/1/MDV/C/1 
Page 16  
 
   
 (3) audiovisual works of producers who have  his head office established in or is a 
resident of the Republic of Maldives; and 
  (4) architectural works in the Republic of Maldives and other artistic works incorporated 
in buildings and other structures located in the Republic of Maldives. 
 (b) The provisions of this Act shall prot ect the works of the following performers: 
  (1)  performers who are nationals of the Republic of Maldives; 
 
 (2) performers who are nationals of Repub lic of Maldives but whose performances; 
   (a)  take place within the territory of the Republic of Maldives; or  
  (b) are incorporated in sound recordi ngs that are protected under this Act; or 
   (c) have not been fixed in a sound recording but are included in broadcast 
qualifying for protection under this Act. 
 (c)  The provisions of this Act protect the following sound recordings; 
 
 (1) sound recordings produced by na tionals of the Republic of Maldives; 
  (2) sound recordings first fixed in the Republic of Maldives;  
 (3) sound recordings first published in the Republic of Maldives. 
 (d)  The provisions of this Act protect the following broadcasts;   (1) broadcasts of broadcast organizations, th e head offices of which are situated in the 
Republic of Maldives; and 
 
 (2) broadcasts transmitted from transmitter s situated in the Republic of Maldives 
 (e) The provisions in this Act shall also apply to performers, producers of sound recordings and 
broadcasting organizations that are eligible fo r protection in accordance with any international 
convention other international agreement to which the Republic of Maldives is party to. 
 
WORKS PROTECTED BEFORE THE ACT CAME INTO FORCE 
 
35.  (a) Works that were produced before this Act came into force will be protected under the 
following circumstances: 
 
(1) The duration for which the work was protect ed under any regulation, prior to this Act 
came into force, has not expired. 
 
(2) The duration of such works protected by legislation of a signatory to international 
conventions to which Maldives is party to has not expired.  
 (b)  When calculating the duration of copyright and related rights for this Section, the registration 
date, if registered, shall be the date the work w as registered and if not registered, shall be the 
date on which the work was first made available to the public.  IP/N/1/MDV/C/1 
 Page 17 
 
 
   
WORKS NOT INCLUDED 
 
36.  Protection of literary and artistic works, performers, producers of sound recordings and broadcasting organizations, books, pa mphlets, articles, library and archive materials, teaching aids 
and other writings produced before this Ac t came into force ceases to have effect. 
 
APPLICATION OF INTERNATIONAL TREATIES 
 
37. The provisions of any international treaties in respect of copyright and related rights to which the 
Republic of Maldives is a party, shall apply to matte rs specified in this Act and, in case of conflicting 
provisions between the two, the provisions of the international treaty shall prevail over this Act. 
 
ENACTMENT AND ENFORCEMENT OF REGULATIONS UNDER THE ACT 
 38. The regulations governing the implementation of this Act shall be formulated within six (6) 
months of this Act coming into force. The Regulation shall be promulgated by the Ministry designated by the President of the Republic of Maldives.  
DATE ACT COMES INTO FORCE 
 39. This Act shall come into force upon passing from th e Parliament and ratification of the Act by the 
President and on being gazetted. The Act shall be fully complied with, within 180 (one hundred and 
eighty) days of ratification.  
ACTS BEING REPEALED 
 
40. Once this Act comes into force, the following Regulations stated in Annex 1 of this Act, Act 
Number 6/2008 (General Regulations Act), will be repealed.   (a) Regulation number 51, (The Regulation governing books produced in the Maldives) 
 
 (b) Regulation number 52, (The Regulation governing approval of songs and poetry) 
 
(c) Regulation number 53, (The Regulation gove rning registration of original music and 
musical compilations) 
 
 (d) Regulation number 54, (The Regulation g overning the registration of audio albums). 
 
INTERPRETATIONS 
 
41. For the purpose of this Act, the fo llowing terms have the following meaning:  
 
"Reproductive rights", or "reproduction" is stated to mean; 
   (a)  if the economic rights are availa ble to the author, then such rights, 
   (b) if the economic rights are transferre d to another person(s) or legal entities, 
other than the author, then such rights, 
 "Notation" means music written to be performed;  IP/N/1/MDV/C/1 
Page 18  
 
  "Rights management information" is any informa tion which identifies the works specified under this 
Regulation, the authors of the work, the perfo rmer, the performance of the performer, the sound 
recording, the producer of the sound recording, th e broadcast, the broadcaster, and information that 
identifies the rights and the owner of any right under this Act, or information about the terms and conditions of use of the work, the performance, th e sound recording or the broadcast. If such numbers 
or codes represent such information, these are also included in the meaning of this term. 
 "Broadcasting" is the communication of a work, a performance or a sound recording to the public by wireless transmission, including transmission by satellite.  
"Rental" is the transfer of the possession of the orig inal or a copy of a work or sound recording for a 
particular period of time for profit-making purposes;  A "computer" is an electronic or similar device having information processing capabilities;  
"Computer program" is a set of instructions expressed in words, codes, schemes or in any other form, 
which is enables a computer to perform or achieve a particular task or result; 
 A "collective work" is a work created by two or mo re persons at the initiative and under the direction 
of a person or legal entity, with the understanding th at it will presented by the person or entity under 
his own name and that the identity of the contributing persons will not be indicated; 
 
An "expression of folklore" is a creation of gr oups or individuals which represents a group's 
traditions, its cultural and social identity, its sta ndards and values that are transmitted orally, by 
imitation or by other means, including:  
(a)  Folk tales, folk poetry, and folk riddles; 
 (b) Folk songs and instrumental folk music;  (c) Folk dances and folk plays;  
(d) Productions of folk arts in particular, drawi ngs, paintings, carvings, sculptures, poetry, terra-
cotta, mosaic, woodwork, metal ware, jewelry, handicrafts, costumes, and indigenous textiles. 
 A "work" is any literary or artistic work under Sections 3(a) and 4(a). 
 
"An artistic work produced to facilita te another work" is any work that is produced either by hand or 
mechanically to facilitate another work.  "Reproduction" is making of one or more copies of a work or sound recording in any manner or form, 
including any permanent or temporary storage of the work or sound recording in electronic form. 
 
An "audiovisual work' is a work that consists of  a series of related images with motion, with or 
without accompanying sounds, which are made visible.  "Sound recording" is any exclusively aural fixation of the sounds of a perform ance or of other sounds, 
or of a representation of sounds, regardless of th e method by which the sounds are fixed or the 
medium in which the sounds are embodied. Audiovisual  works and soundtracks that have a fixation of 
sounds and images are not included in the meaning of this term.  "Economic rights" are the rights mentioned in Section 10;   IP/N/1/MDV/C/1 
 Page 19 
 
 
  "Moral rights" are the rights mentioned in Section 11; 
 "Author" is the person who has created the work;  "Performers" are singers, musicians, and other pe rsons, who sing, deliver, play in, or otherwise 
perform literary and artistic and cultural works. 
 "Fixation" means the embodiment of sounds, or of the representation of it, from which they can be 
perceived, reproduced or transmitted through a device;  
"A photographic work" is a recording of light or ot her radiation on any medium on which an image is 
produced or from which an image may be produced, irrespective of the chemical, electronic or other 
techniques by which such recording is made. A still picture extracted from an audiovisual work will 
not be considered as a photographic work, but as an audiovisual work.  
A "work of joint authorship" is a work to the creation of which two or more authors have contributed, 
provided the work does not qualify as a "collectiv e work" as stated in the interpretation above; 
 "Perform" means any presentation by an artist;  "Performance" means songs, music, drama, and othe r dramatic-musical, literary and cultural works. 
 
The "producer" of an audiovisual work or a sound recording is the person or legal entity that 
undertakes the initiative and responsibility for the maki ng of the audiovisual work or sound recording; 
 "Public performance" is where a performance can be  perceived at a place or at places where persons 
outside the normal circle of the family and its closest acquaintances are or can be present, irrespective 
of whether they are or can be present at the same place and time, or at different places and/or times, without intending it be a communication to the pub lic as specified in this Section, in the following 
ways:  (a)  In the case of a work other than an audiovisu al work, the recitation, playing, dancing, acting 
or otherwise performing the work, either directly or by means of any device or process; 
 (b) In the case of an audiovisual work, the show ing of images in sequence and of the making of 
accompanying sounds audible; and  
(c) In the case of sound recording, making the recording sounds audible. 
 "Communication to the public" is the transmission by wi re or without wire of the images or sounds, or 
both, of a work, a performance, a sound recording or a broadcast in such a way that images or sounds 
can be perceived by persons outside  the normal circle of a family and its closest social acquaintances 
at a place or places so distant from the place wher e the transmission originates that, without the 
transmission, the images or sounds would not be per ceivable and further, irrespective of whether the 
persons can receive the images or sounds at the same  place and time, or at different places and/ or 
times individually chosen by them;  "Public display" is the showing of the original or a copy of the work where it can be perceived at a 
place or at places where persons outside the normal circle of the family and its closest acquaintances 
are or can be present, irrespective of whether they ar e or can be present at the same place and time, or 
at different places and/or times, without intending it be a communication to the public as specified in 
this Section, in the following ways:  IP/N/1/MDV/C/1 
Page 20  
 
  (1) Direct display; 
 (2) By means of a film, slide, television image or otherwise on screen;  (3) By means of any other device or process ot her than those mentioned in (1) and (2); or 
 
(4) By an audiovisual method, with separate images. 
 "Public lending" is the release of the original or a copy of a work or a sound recording for a limited 
period of time for non-profit making purpose, by an institution or a public service facility such as a 
public library or archive. 
 "Published" refers to a work or a sound recording, tangible copies of which have been made available 
to the public in a reasonable quantity for sale, rent al, public lending, provided that, in the case of  a 
work, the making available to the public took place with  the consent of the author or other owner of 
copyright, and in the case of a sound recording, consent of the author or other owner of copyright, and 
in case of a sound recording, with the consent of the producer of the sound recording or his successor 
in title.  "Originality of the work" refers to  the substantiality of the work. 
 
 
13 Zulgaidha 1431 
 
21
st October 2010 
 
 
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