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Home » Law on the Copyright and Related Rights_030213

Law on the Copyright and Related Rights_030213

Published: 2011 Sep 19

KINGDOM OF CAMBODIA
Nation Religion King

LAW
ON
COPYRIGHTS AND RELATED RIGHTS

(Adopted by the National Assembly on January 21, 2003 and ratified by the Senate on
February 13, 2003.)

CHAPTER I
General Provisions

Article 1
The purpose of this law is, by providing for the rights of author, and the right
related thereon with respect to works and the protection of cultural products,
performance, phonogram, and the transmission of broadcasting organization in order to
secure a just and legitimate exploitation on those cultural products, and thereby
contribute to the development of culture.
Article 2
In this law, the principal terms shall have the following meaning:
a- “Work” means a product in which thoughts or sentiment are expressed in a
creative way, and which falls within the literary, scientific, artistic or musical
domain;
b- “Author” means a person who created a work;
c- “Performance” means the acting on stage namely dancing, musical
performance, singing, or delivering in other ways and means of artistic work,
tradition, habit, literary, education, or science;
d- “Recitation” means the oral expression by means of speaking, reading, and
pronouncing of work in rhythm;
e- “Performers” mean artists, dancers, musicians, singers or other persons who
give a performance;
f- “Database” means an aggregate of information, articles, numerical, diagrams
which is systematically constructed, so that such information can be searched
for with the aid of a computer;
g- “Audio visual work” means a work, which consists of a series of inter-linked
pictures, in which give an impression of movement, with or without sound,
able to be seen, and if accompanied by sound, able to be heard.
h- “Broadcast” means the transmission of sound, pictures, documents or other
messages through radio, television, cable television or satellite;
i- “Communication to the public” is the transmission by wire or without wire
of the images or sounds, or both, of a work, a performance, a phonogram or a
broadcast in such a way that the 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 where the transmission originates
that, without the transmission, the images or sounds would not be perceivable
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;
j- “Phonogram” is the fixation of the sounds of a performance or other sounds,
or of a representation of sounds, other than in the form of a fixation
incorporated in a cinematographic or other audiovisual work;
k- “Phonogram Producer” means a person who produces the phonograms as
providing in paragraph (j);
l- “Computer program” means a  sum of instructions expressed in  letters, or
codes, or illustrations, or in any other possible forms, once incorporated in a
computer, which has its aim to accomplish a task or particular result by means
of  a computer or through an electronic procedure capable of information
processing.
m- “Reproduction” is the whole or partial making of one or more copies of a
work or phonogram in any manner or form, including any permanent or
temporary storage of the work or phonogram in electronic form;
n- “Broadcasting organization” means radio, television, and cable television
station or satellite.
o- “Related Right” is the right of performer, phonogram producer, and
broadcasting organization.
Article 3
The following works shall be granted protection under this law including works of
the authors, works of the performers, phonograms, and broadcasts through the
broadcasting organizations.
1). Works of the authors:
a- Works of authors who are nationals of, or have their habitual residence in
Cambodia, including legal entity established under the law of the Kingdom of
Cambodia and having headquarters located in the territory on the Kingdom of
Cambodia.
b- Works of first publishing in the Kingdom of Cambodia, including works of
first publishing abroad, which were brought to publish in the Kingdom of
Cambodia within 30 days (thirty days) of the first communication to the
public.
c- Audiovisual work, the producer of which has his headquarters or habitual
residence in the Kingdom of Cambodia.
d- Works of architecture erected in the Kingdom of Cambodia and other artistic
works incorporated in a building or other structures located in the Kingdom of
Cambodia.
e- Works for which the Kingdom of Cambodia has obligation to grant protection
under international treaties.
2) Works of the performers:
(a) Performers who are nationals of Cambodia;
(b) Performers who are not nationals of Cambodia but whose performances:
– Take place in the territory of Cambodia; or
– Are incorporated in phonograms that are protected under this
Law; or
– Have not been fixed in a phonogram, but are included in the
broadcasts qualifying for protection under this law.
3) Phonograms:
(a) Phonograms, the producers of which are nationals of Cambodia;
(b) Phonograms first fixed in the Kingdom of Cambodia;
(c) Phonograms first published in the Kingdom of Cambodia.
4) Broadcasts through broadcasting organizations:
(a) Broadcasts of broadcasting organizations, the headquarters of which are
located in the Kingdom of Cambodia;
(b)Broadcasts transmitted from transmitters located in the Kingdom of
Cambodia.
The provisions  in this Law shall also apply to performers, phonogram producers,
and broadcasting organizations that are eligible for protection by virtue of and in
accordance with any international treaties or other international agreements to which the
Kingdom of Cambodia is a party.

CHAPTER II

Copyrights

SECTION 1

Works

Article 4
To be reputed as originals are works, which are the true  intellectual creations of
their authors.
Article 5
A work is deemed created, independently of all public disclosure, by the sole fact
of the realization, even if incomplete, of the author’s idea.
Article 6
Collaboration work refers to a work whose creation was the result of the joint efforts
of several natural persons.
Derivative work refers to a work created based on original work by means of
translating, adapting or modifying.
Collective work refers to a work created by several natural persons, at the initiative of
a natural person, who edits, publishes and discloses it under his/her direction and name.
Article 7
The following subject matters, in accordance with the contents of Article 3, are
being protected under this law:
a- All kinds of reading books or other literary, artistic, scientific, and educational
documents,
b- Lectures, speeches, sermons, oral or written pleadings and other works of the
same characteristics.
c- Dramatic works or musical dramas.
d- Choreographic works, either modern or adapted from traditional works or
folklore.
e- Circus performances and pantomimes.
f- Musical compositions, with or without words.
g- Audio-visual works.
h- Works of painting, engraving, sculpture or other works of collages, or applied
arts.
i- Photographic works, or those realized with the aid of techniques similar to
photography
j- Architectural works.
k- Maps plans, sketches or works pertaining to geography, topography, or other
sciences.
l- Computer program and the design encyclopedia documentation relevant to
those programs.
m- Products of collage work in handicraft, hand-made textile products or other
clothing fashions.
Article 8
Derivative works  including translations, adaptations, arrangements and modification
or other improvements of works, or compilation of databases, whether in machine
readable or other forms shall be also protected by this law.
The protection of any work referred to in  the above  paragraph shall be without
prejudice to any protection of an original work incorporated in or utilized for the making
of such a new work.
Article 9
The title of any  work, in which it presents an original character of work, is
protected by law like the work itself.
No one can, even if the work is no longer protected in terms of articles 30 and 31
of this law, use the title of this work to individualize another work of the same genre, in
conditions likely to give rise to confusion.
Article 10
The following works shall not be fallen under any protection by this law:
a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations.
b- Proclamation (Prakas), decision, certificate, other instructed circulars issued
by state organizations.
c- Court decision or other court warrants.
d- Translation of those materials mentioned in the preceding paragraphs (a), (b),
and (c) of this article.
e- Idea, formality, method of operation,  concept, principle, discovery or mere
data, even if expressed, described, explained or embodied in any work.

SECTION 2

Authors

Article 11
The title of author belongs, unless there is evidence to the contrary, to the natural
person or persons in whose name the work is created and disclosed.
Article 12
Co-authors are the owners of a work of collaboration. Co-authors have to exercise
their rights based on unanimous and written agreement. In case of disagreement,  they
have to file their petition to the court.
Article 13
Natural person  or legal person whose name has been publicly disclosed in that
work during the time of communicating to the public, this person is  vested with the
author’s rights unless having any contradicted evidence against it.
Article 14
The author of a work under pseudonymous or anonymous enjoys the rights vested on
that work.
As long as the author has not made known his/her civil identity, and demonstrated that
he/she is the author, he/she will be represented by the publisher or person who originally
disclosed the work, who shall be entitled to exercise and enforce the moral and economic
rights of the author. The publisher or the person originally discloses the work must have
in his/her possession an agreement identifying the identity, pseudonymous or anonymous
name of the author.
Paragraph (2) of this article is not applicable, when the pseudonym adopted by the
author discloses the author’s true name.
Article 15
One or more natural person who realize(s) the intellectual creation of audio-visual
work is (are) deemed to be the author/authors of that audio-visual work.
Unless having contradictory evidence, the following  co-authors of  the audio-
visual work are:
a). The director.
b). The author of scenario.
d). The author of the adaptation.
e). The author of the spoken text.
f).  The author of the musical compositions, with or without words, specially
created for the sake of that work.
g). The author of the graphic arts for animated works.
Article 16
The author of work is the first holder of the moral and economic rights. In the
case of a work created by an author for the benefit of a natural or legal person who is an
employer under the framework of a working contract and the contract to utilize that work,
unless otherwise specified by the provisions contradicted to the above mentioned
contracts, the economic rights in that work are considered to be transferred to the
employer.
Article 17
The conclusion of a contract between the co-authors of an audiovisual work and
the producer, in which they undertake to make contributions to the audiovisual work
excluding the author of musical works shall, unless provided otherwise in the said
contracts, imply a presumption of the assignment to the producer of the audiovisual work
of the economic rights. The co-authors shall, however, maintain their economic rights
according to the extended use of their contributions, in case those contributions have been
separately undertaken from the creation of audiovisual work.

SECTION 3
Rights of the authors

Article 18
The author of a work shall enjoy an exclusive right on that work, which shall be
enforceable against all persons.
These rights include moral right and economic right.
Article 19
The moral right of the author is perpetual, inalienable, undistrainable and
imprescritible. It shall be transmitted mortis-causa to the heirs of the author or to the third
party in accordance with provisions stipulated in the will.
In case of having no heir, this right will be subjected to  the  administration and
governance of the state represented by the Ministry of Culture and Fine Arts.
Article 20
The moral right of the author contains the following three particular points:
(a) The author has exclusive right to decide the manner and the timing of disclosure of
his/her work as well as the principle to govern this disclosure. .
(b) For the purpose of relation with the public, the author enjoys hi/her right in
respect of his/her name, title, and work.
3) The author has right to oppose all forms of distortion, mutilation or modification of the
content of his/her work, which would be prejudicial to his/her honor or reputation.
Article 21
Economic right is the exclusive right of the author to exploit his/her own work
through the authorization of reproduction, communication to the public, and creation
of derivative work.
Unless otherwise specified in the provisions of articles 24, 25, 26, 27, 28 and 29, the
author has exclusive right to act by him/herself or authorize someone to do the
followings:File: Copyright & Related Right/May 2002, Last version/Penn.
a. Translation his/her work into foreign language.
b. Adaptation and simplification or undertake any modifications of his/her
work.
c. Rental or public lending of the original or a copy of an audiovisual work,
or a work embodied in a phonogram, a computer program, a database or a
musical work in the form of musical notation.
d. Public distribution by sale, rental of the original or a copy of the work that
has not already been subject to a sale or transfer of ownership authorized
by the owner of copyright;
e. Importation into the country, the reproduction copies of his/her works.
f. Reproduction of work.
g. Public performance of the work.
h. Public display of the work
i. Broadcasting of the work;
j. Other means of communications to the public of the work.
Rental right as mentioned in the above paragraph (c) of this  Article, is not
applicable for the rental of computer program when the program itself is not the main
objective of rent.
Article 22
Except for having contradictory provisions in the contract, the economic rights on
a computer program and its encyclopedia documentation created by one or more
employees in the exercise of their duties or following the instructions of their employer
are property of the employer who is alone entitled to exercise them.
The same is true in favor of the person, who hires other persons to create the
computer program by virtue of purchasing contract. That person shall entitle the
economic right.

SECTION 4
Limitations of the author’s Right

Article 23
The importation of a copy of work by any natural person, for his/her personal use,
can be done without the consent of the author of that work or the right-holder.
Article 24
The private reproduction of a published work in a single copy shall be permitted
without the authorization of the author or  the right-holder, where the reproduction is
made by a natural person exclusively for his own personal purposes.
The permission under the proceeding paragraph of this article shall not extend to the
reproduction:
(a) Of a work of architecture in the form of building or other construction;
(b) In the form of reprography of the whole or a substantial part of a book, and of
a musical work in the form of musical notation;
(c) Of the whole or of a substantial part of a database in digital form;
(d) Of a computer program, other than a backup-copy.
(e) Of any work, in cases where reproduction would conflict with a normal
exploitation of the work or would otherwise unreasonably prejudice the
legitimate interests of the author or the right-holder.
Article 25
The author cannot prohibit the following acts:
a- Free and private representations made exclusively to a close circle of people
such as family or friends.
b- The arrangement to preserve in a library the copy of work for the purpose of
conservation or research.
c- The use of work for the purposes of education, which is not for financial gain.
d- The translation of works from Khmer language into the languages of the
ethnic minorities or vice versa;
If there is a clear  indication of the author’s name and the source of work, the
following acts are not subjected to any prohibitions by the author:
– The analyses and short quotations justified by the critical, polemical,
pedagogical, scientific or informative nature of that work.
– The broadcasting of press commentary.
– The dissemination of speeches addresses to the public either entirely or in part,
through press release or television broadcasting.
– The adaptation of comic, style or caricature, based on original work.
– The reproduction of graphic or plastic work which is situated in the  public
place, when this reproduction doesn’t constitute the principle subject for
subsequent reproduction.
Article 26
The author of work based on the true story of life of any person or family has to
seek authorization from that person or family member who is the heir of that family.
Article 27
The temporary reproduction of a work is allowed on the condition that this
reproduction takes place during the course of utilization of work for which the
authorization of the right-holder is granted.
Article 28
Notwithstanding the provisions of Article 21 of this law, it is permitted, without
authorization of the author and without payment of any remuneration, to cite a
legitimately published work in another work.
This reproduction of citation must be done on the condition that source and
author’s name is indicated, if author’s name is given in that source. Such citation also
should not be made more than the necessary purpose.
Article 29
Notwithstanding the provisions of Article 21 of this law, it is permitted to:
a- Use a legally published work for the purpose of illustration in publication such
as book or newspaper, or by broadcasting, or by audio or visual screening
which are intended for educational purposes, without payment of any
remuneration. In this connection, source and author’s name must be identified,
if author’s name is given in the source.
b- Reproduce any separated articles, articles of the newspaper or magazine, or
short extracts of any legally published works. This reproduction can be done
providing that it is made by reprographic means,  and must be  used for the
sake of teaching or for examinations held by any educational establishments
of which the activities do not lead directly or indirectly to commercial gain
and must be done with appropriate reason according to this specific objective.
The said reproduction can be done without the author’s authorization and
without payment of any remuneration, but if the author’s name is mentioned in
the source, this source and name must be identified.

SECTION 5
Duration of the protection of Economic Right

Article 30
The protection of economic right started from the date of the creation of a work.
This protection covers the life of the author, and the whole 50 (fifty) years
following his/her decease.
In the case of a work of collaboration, the economic rights shall be protected
during the life of the last surviving author and for 50 (fifty) years after his/her
death.
Article 31
The economic right in a work, published in an anonymous manner or under a
pseudonym, is protected within the entire period of 75 (seventy five) years counted from
the end of calendar year in which such work has been published, with the right-holder’s
authorization, for the first time.
If such an event failing to occur during the 50 (fifty) years following the creation
of this work, 75 (seventy five) years period of protection will be counted from the end of
the calendar year in which such work has been made accessible to the public.
If such an event failing to occur during the 50 (fifty) years following the creation
of that work, 100 (one hundred) years period of protection will be counted from the end
of the calendar year of its creation.
If, before the expiry of the said period, the identity of the author is revealed or is
established beyond doubt of the public, the provisions of Article 30 is applied.
The economic rights in a collective, or audiovisual or posthumous work are
protected within the entire period of 75 (seventy five) years counted from the end of the
calendar year in which such work has been legally published for the first time.
If such an event failing to occur in the 50 (fifty) years following the creation of
this work, 75 (seventy five) years period of protection will be counted from the end of the
calendar year in which such work has been made accessible to the public.
If such an event failing to occur during the 50 (fifty) years following the creation
of this work, the 100 (one hundred) years of protection will be counted from the end of
the calendar year of its creation.

SECTION 6
Transfer of Economic Right

Article 32
The transfer of right mentioned in any paragraph of Article 22 of this law does not
imply the transfer of other rights stipulated in other paragraphs.
When there is a contract covering the  transfer or granting license for one of the
rights mentioned in this article, its effective scope is limited to the conditions of
exploitation provided for in the contract.
Article 33
Due to the death of the author, economic right can be transferred to the author’s
heir or to any third party based on the provisions of the author’s will.
In case of having no heir or will, the governance and administration of this right is
the responsibility of the state represented by the Ministry of Culture and Fine Arts.

SECTION 7
The Exploitation of Economic Right

Article 34
Contracts of the exploitation of economic rights must be stated in writing,
otherwise this contract will be considered  as null and void. Only the author  or right-
holder may have right to present any reasons for the nullity of contract.
Article 35
The contract for transferring of the exploitation of author’s rights must be stated in
writing, and  separately specified each domain of exploitation of those transferred rights
which are properly limited as to its coverage, and its extent, as to place, objectives and as
to duration.
Article 36
In case of individual author contributes his/her separated work in the framework
of establishing a collective work, those individual authors can separately make the
exploitation on their  own  contribution, unless having any contradicted  provisions,
providing that that author doesn’t cause any damages to the exploitation of that collective
work.
In the case of work created by co-authors, the exploitation can be done unless
having consent of the co-authors. In the case of those co-authors cannot reach any
consent, the court will decide on that case.
Article 37
The transfer of right for exploitation on the author’s work may be done wholly or
partly. The author will receive the benefit from this transfer in accordance with the
provisions of the transfer contract.
SECTION 8
Deposit and Registration of Work
Article 38
Every work is automatically protected. The authors or right-holders may deposit
their works at the Ministry of Culture and Fine Arts.
Article 39
The registration may be voluntarily done at the Ministry of Culture and Fine Arts.
This registration requires the record of the author’s real name, date of the first publication
of work, and date of the creation of work, as well as the record of the author’s right.
Article 40
The Ministry of Culture and Fine Arts shall issue the Certificate of Registration
for the registered work. The applicant has to pay registration fee in accordance with the
Joint-Declaration (PRAKAS) of the Ministry of Culture and Fine Arts and the Ministry
of Economy and Finance.

CHAPTER III
Related Rights

SECTION 1
Right of Performer

Article 41
The performer has exclusive right to authorize or undertake the following acts:
a) The broadcasting and the communication to the public of his/her performance,
except for the broadcasting of phonogram fixation of the performance authorized
by the performer or re-broadcasting through television broadcasting or  having
authorization of the  first  broadcasting organization initially broadcast this
performance.
b) The fixation in phonogram of his/her unfixed performance.
c) The reproduction of a fixation in phonogram of his/her performance.
d) The distribution to the public by sale or transfer of ownership, of an original
fixation in phonogram of his/her performance that have not been a subject to any
distribution authorized by the performer.
e) The rental or lending to the public of an original fixation in phonogram of his/her
performance or copies thereof.
Unless otherwise having no contradicted agreement, the performer has the
following rights to:
–  Authorize the broadcasting through any broadcasting organization, but the other
broadcasting organizations are not authorized to broadcast this performance.
– Authorize the broadcasting through any broadcasting organization  but that
broadcasting organization is not authorized for the fixation of this performance
in the phonogram.File: Copyright & Related Right/May 2002, Last version/Penn.
Article 42
Independently of the economic right, and even after the transfer of this right, the
performer retains the right to require his/her written name to be displayed on live
performance or fixed performance except for the mode of use necessitates the omission
of this mention. The performer retains his/her right to object to all deformation,
mutilation or other modifications of his/her performance which are prejudicial to his/her
reputation.
Article 43
Performers cannot forbid the reproduction and the communication to the public of
their performance, if it is accessory to an event constituting the principal subject of a
scene, or of a work, or of an audio-visual document.

SECTION 2
Rights of Phonogram Producers

Article 44
Phonogram producer has the exclusive right to record, to reproduce, or to
communicate to the public of his/her phonogram.
Article 45
All reproductions, sales, exchanges, leases, and communication to the public  of
the phonogram must require the authorization of the phonogram producer.
The phonogram producer has right to distribute to the public, by sale or by means
of transfer of ownership, the original or copies of the phonogram that has not  been
subjected to any distribution authorized by that producer.
The phonogram producer also has right to import the copy of his/her phonogram
for the purpose of communicating to the public.

SECTION 3
Rights of Video Producer

Article 46
Video producer is the natural or legal person who has the initiative and
responsibility for the recording of a sequence of images, with or without sound, leading
to the realization of a video production.
All reproduction of video recording for the purpose of communicating to the
public, sale, exchange, and lease requires the authorization of the video producer.
The  transfer of right of the  video producer  recognized by virtue of this article
cannot be  done separately from the author’s  right and the performers’ right  which
incorporated into the work of this video production.

SECTION 4
Rights of the Broadcasting Organizations

Article 47
Broadcasting organizations consist of radio, television, and cable television
station. These organizations have exclusive right to undertake or authorize the fixation of
its broadcast, communication to the public, re-broadcasting, reproduction, distribution or
first lease of the copy of its broadcast.
Article 48
The reproduction of any broadcast belonged to the broadcasting organization for
the purpose of sale, lease, exchange, broadcasting or communicating to the public
anywhere, must require the authorization of the said organization.

SECTION 5
Remuneration

Article 49
If a phonogram has been produced for commercial purposes, or a reproduction of
such phonogram is used directly for broadcasting or other communication to the public,
or is publicly performed, a single equitable remuneration, for the performers and the
producer of the phonogram, shall be paid by the user to the organization governing this
collective right.
The organization  governing collective right is a legal person having duty to
administer this remuneration, which is determined by the sub-decree.

SECTION 6
Limitations of Rights

Article 50
Notwithstanding the provisions of articles 41, 42, 43, 44, 45, 46, 47 and 48 of this
law, the following acts are permitted without the authorization of the right-holder, and
without payment of any remuneration:
a) The reporting of news events, on condition that only short fragments are
extracted from the performance or from the substance of phonogram or from a
broadcast.
b) The reproduction merely for the purposes of scientific research.
c) The reproduction for the framework of educational purpose, except for the
performance or phonogram which has been  produced for the educational
purposes.
d) Quotation, in the form of short citation extracted from the performance or
phonogram or broadcast, provided that such quotation is conformed to the
reasonable practice and justified the proper informative objective.
e) All other uses constituting exceptions  concerning works protected under
copyright by the virtue of this law.
f) Picture and sound recording for the purpose of wholly or partly simultaneous
broadcasting on the realization of a ceremony, meeting or other national
events from the broadcasting of the original station.
Article 51
The provisions of Article 41 of this law will not be applied, whenever the
performer authorizes the incorporation of his/her performance in a visual or audiovisual
fixation.
Article 52
The provisions of article 41 will not be applied for  the case of any broadcasting
organization which copies or reproduces  by  its own manner (the performance or
phonogram or broadcast),  in order to broadcast it in the commercial advertisement
program of that broadcasting organization.
For all acts implemented by virtue of the above-mentioned paragraph of this
article, every reproduction of works or copied thereof should be destroyed  within 06
(six) months  after the making , with the exception of a single copy which can be kept for
the sole purpose of archival conservation.

SECTION 7
Duration of Protection

Article 53
1. The duration of protection for performer shall be 50 (fifty) years following the
calendar year in which the performance was fixed in the phonogram, or in the
absence of such fixation, from the end of the calendar year in which the
performance took place.
2. The duration of protection for the  phonogram  producer  shall be 50 (fifty)
years following the calendar year in which the phonogram has been published,
or in the absence of such publication, from the end of the year following the
fixation of the phonogram.
3. The duration of protection of the broadcasting program of the broadcasting
organization  shall be 50 (fifty) years following the  end of calendar year in
which this program has been broadcast.

SECTION 8
The Transfer of Right

Article 54
Article 32, 33, and 34 of this law will be applied for the right of performer,
phonogram producer, and broadcasting organization.

SECTION 9
The Deposit

Article 55
Article 38, 39, and 40 of this law will be applied for the right of performer,
phonogram producer, and broadcasting organization.

CHAPTER IV
Collective Management of Rights

Article 56
The author of work and related-right holder can establish the collective management
organization to protect and manage their economic rights.
The  establishment of  collective management organization of author’s right,
performer’s right, and phonogram producer’s right or video producer’s right must require
the recognition of the Ministry of Culture and Fine Arts.
The collective management organization of broadcasting right via radio, television,
and cable television of the broadcasting organizations shall require the recognition of the
Ministry of Information.

CHAPTER V
Disputes and Penalties

Article 57
Whosoever suffers or risks to suffer a violation of his/her copyright or related right
can file petition to the court, in order:
a) To prohibit this violation of right, if it will be soon imminent.
b) To desist the defendant from violating his/her right, if it is continue.  The
complainant may file  petition to have the defendant being subjected to the
compensation of damages, to the redress of moral injury, and to the return of the
disputed equipment or materials, as well as to the return of any benefits deriving
from that illegal act.
Article 58
The court has authority to order the confiscation, destruction of equipment or
materials being produced or used or made available in an illegal manner, or of equipment
used in the violation, and which are found in the possession of the defendant or are being
held by the application of this law.
Article 59
The court has authority to order all provisional measures necessary to ensure the
conservation of evidence, especially the confiscation of subject matters reproducing from
the unauthorized reproduction of a work.
The  complainant is held responsible for the injury caused to the defendant, if
his/her petition is proved to be unfounded by the court.
Article 60
Within 30 (thirty) days of the seizure, owner of the seized property, or a third
party who governs the seized equipment or materials, can file petition to the court for the
lifting of this seizure or to limit its effects.
Article 61
Within 30 (thirty) days of the seizure, if there is no sufficient petition being filed
to the court, the court may order the lifting of this seizure based on the request of the
seized property’s owner, or on the request of a third party who governs the seized
property.
Article 62
For  the purpose of Articles 64 and 65 of this law, the following acts are
considered as illegal:
1. The production or importation for sale or lease of any device or means
specifically designed or adapted to circumvent any device or means or intend
to restrict  the quantity of the reproduction of a work, a phonogram or a
broadcast, or to impair the quality of the copies being made.
2. The production or importation for sale or lease of any device or means that is
susceptible to assist the unauthorized person in the reception of an encrypted
program, which is broadcast or otherwise communicated to the public,
including the broadcasting by satellite.
3. The suppression or modification, without being permitted by the right-holder,
of all information related to the regime of rights presented in electronic form.
4. The distribution or importation for the purpose of distribution, broadcasting
through broadcasting organization, communication to the public or making
available to the public, without authorization, of works or performances, of
phonogram or broadcast of the broadcasting organization, while knowing that
the information relating to the regime of rights, presented in electronic form,
has been already suppressed or modified.
The expression “information on the regime of rights” extends to:
– Information revealing the identification of the author,  characteristics of  the
work, identification of the  performer,  characteristics  of  the performer,
identification of  the  phonogram producer,  characteristics of the phonogram,
identification of the  broadcasting organization, and characteristics  of  the
broadcasting organization.
– Information  enable someone to know the identity of the right-holder or
characteristics of the information on the conditions and procedures in the
utilization of work and other products covered by this law, and characteristics
of number or code representing that information.
Article 63
The customs authority can, based on the written petition of the owner of copyright
or related right owner, retain under its framework of merchandise control, of which in the
opinion of the right-holder constitutes the infringed goods. The court, competent
authority who is the petitioner, and the governor of goods should be informed, without
delay, by the customs authority, of the confiscation to which applied by this institution in
regard to the said goods.
Subjected to the customs legislation which is contradicted to this provision, this
measure can be rightfully lifted, in the case that within the period of 10 (ten) working
days, counted from the date of notification on merchandise retention, the petitioner fails
to prove any justified evidence to the customs authority in regard to:
– The request to  the court for  the retention measure, as specified in article 59 of
this law.
– The petition to the court which is constituted the required security in order to
cover any eventual responsibilities.
The petitioner is held responsible for the injury caused by the retention of goods, if
his/her petition proves to be unfounded.
The provisions on border measures specified in the “Law on Marks, Trade name and
Acts of Unfair Competition” must be applied for the supplement utilization of this article.
Article 64
All production, reproduction, or performance, or communication to the public, by
whatever means, (of a work) in violation of the author’s right, as defined by this law, are
offences which must be punished by law.
Infringement of production or reproduction is punishable by 06 (six) months to 12
(twelve) months and/or 5,000,000 (five million) Riels to  25, 000, 000 (twenty five
million) Riels fine. Double punishment is applied in case of repeated offense.
The importation or exportation of product obtained from the infringed acts of
reproduction is punishable by 06 (six) months to 12 (twelve) months and/or 2,000,000
(two million) Riels to 10, 000, 000 (ten million) Riels fine. Double punishment is applied
in case of repeated offense.
Infringement of performance or communication to the public is punishable by 01
(one) month to 03 (three) months and/or 1,000,000 (one million) Riels to 5, 000, 000
(five million) Riels fine. In case of having several offenses, punishment will be
multiplied by the number of offense. Double punishment of the previous cases is applied
in case of repeated offense.
Article 65
All  production or  reproduction (of a work) without having authorization of the
performer or phonogram producer or video producer or broadcasting organization is
punishable by 06 (six) months to 12 (twelve) months imprisonment and/or 5,000,000
(five million) Riels to 25,000,000 (twenty five million) Riels fine. In case of repeated
offense, double punishment will be applied.
The importation or exportation of phonogram, cassette, or video cassette without
authorization of the performer or phonogram producer or video producer or broadcasting
organization is punishable by 01 (one) month to 03 (three) months and/or 2,000,000 (two
million) Riels to 10, 000, 000 (ten million) Riels fine. Double punishment is applied in
case of repeated offense.
The broadcasting by broadcasting organization without permission of the
performer  or phonogram producer or video producer or broadcasting organization is
punishable by 01 (one) month to 03 (three) months and/or 1,000,000 (two million) Riels
to 10, 000, 000 (ten million) Riels fine. Double punishment is applied in case of repeated
offense.
Article 66
In each case covered by article 64 and article 65 of this law, the court may decide as
the following:
– To order the confiscation of all or parts of the revenue obtained through the acts
of infringement, and equipment specially installed for the purpose of
committing this offence.
– To order the confiscated materials or equipment to be returned to the owner of
copyright or related right, without prejudice to  any  moral injury to be
compensated.
– To order the destruction of the confiscated materials or equipment.

CHAPTER VI
The Application of International Treaties

Article 67
The provisions of any international treaties in respect of Law on Copyright and
Related Right, to which the Kingdom of Cambodia is a party, shall apply to matters dealt
with by this Law.
In case of conflict with the provisions of this Law, the provisions of those
international treaties shall prevail.File: Copyright & Related Right/May 2002, Last version/Penn.

CHAPTER VII
Transitional Provisions

Article 68
The ministry of Culture and Fine Arts shall issue a proclamation (PRAKAS) on
the immediate ceasing of any exploitation contradictory to the provisions of this law,
after the entry into force of this Law.
The provisions on the penalties of Article 64 and 65 will be applied, 06 (six)
months after the entry into force of this Law, on any existing exploitation contradicted to
the provisions of this Law.

CHAPTER VIII
Final Provision

Article 69

Any provisions that contradict this Law shall be considered as null and void.

This Law is adopted by the National Assembly of
the Kingdom of Cambodia on January 21, 2003, at
the  plenary  session  number 9th of the second
mandate.

Phnom Penh, January 28, 2003

Chairman of the National Assembly

Signature and Seal

Norodom Ranaridh

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ministry-of-mines-energy Ministry of Mines and Energy
ministry-of-commerce Ministry of Commerce
General Department of Taxation General Department of Taxation
General Department of Customs and Excise General Department of Customs and Excise
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