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Copyright Law No. 3 for the Year 1971
for the Protection of Copyright
In
the name of the People
The Revolution Leadership Council
Pursuant
to the provisions of Paragraph (a) of Article 42 of the temporary constitution,
and at the presentation of the Minister of Information, The Revolution
Leadership Council decided in its session held on 4/1/1971 to issue the
following law:
Law
No. 3 for the year 1971 for the Protection of Copyright
Article 1
-
This law protects the authors of innovated literary, artistic and scientific
works, whatever their type, method of expression, importance and purpose.
-
The person in whose name the work is published, whether by mentioning
his name on the work or by any other means, shall be considered the
author, unless there is evidence to the contrary. This provision shall
apply to pseudonyms, provided there is not the least doubt as to the
identity of the author.
Article
2
The protection shall include the works whose method of expression is in
writing, sound, drawing, painting or movement, and in particular the following:
-
Written works.
-
Works conveyed verbally such as lectures, lessons, speeches, preaches
and the like.
-
Works entered under the arts of drawing and painting with lines and
colours, engraving, sculpture and architecture.
-
Dramatic works and musical plays.
-
Works performed by artistic movements or steps and are materially prepared
for production.
- Musical
works, whether accompanied by words or not.
- Photographic
and cinematic works.
- Works
prepared for radio or television.
- Charts,
drawings and scientific three-dimensional figures.
- Public
recitals of the Holy Koran.
Article 3
Protection shall include the title of the work, if it is characterized
by innovation and not indicative of the work's subject matter.
Article
4
Without prejudice to the rights of the original author, any person who
translates a work into Arabic or any other language, reviews it, changes
it from one type of literature, art or science to another type, summarizes,
adapts or modifies it, comments on it or makes an index to it, in such
a manner as to render it in a new form, shall enjoy protection under this
law. However, the copyright of a photographic work shall not entail preventing
others from taking new photographs of the photographed object, even if
the new photograph has been taken from the same place or in the same conditions
of the first photograph.
Article
5
Without prejudice to rights of the original author, a performer shall
enjoy protection, and he shall be considered as a performer, each one
who executes or transmits to the public a work of art created by another,
whether such performance is by singing, playing music, eurythmics, delivery,
painting, drawing, movement, steps or by any other method.
Article
6
Protection shall not include the following:
- Collections
which comprise various works of verse, prose, music and other collections,
without affecting the copyrights of the author of each of these works.
-
Collections of works which have become public property.
- Collections
of official documents, such as texts of international laws, regulations
and agreements, judicial judgements and various official documents.
The above mentioned collections shall enjoy protection if they are characterized
by innovation, arrangement or any other personal effort which deserves
protection.
Article
7
The author shall have the exclusive right to decide publishing his work
and determining the method of publication. He shall also have the right
to make benefit of his work in any legitimate method he selects. No other
person may exercise this right without his prior permission or the permission
of the party to whom this right is transferred.
Article
8
The author's right to make benefit of his work shall include the following:
- To
print, broadcast and produce the work, and allow others to do so.
- To
allow (under the special conditions he sets down) using one or many
copies of his
work by the persons who utilize them for rent and borrowing and other
matters related to presenting the work to the public, if the purpose
of such presentation is profit or providing aid to a certain project.
- To
allow the public presentation of his dramatic or musical work or its
transmission to the public by any means.
- To
deliver or allow the delivery of his literary or dramatic work to the
public.
Article
9
The right of protection of an author's right or a translator's right in
the translation of his work into Arabic, shall expire if he does not exercise
this right himself or through others within three years as from the date
of the first publication of the work. Works may be translated into Arabic
after the elapse of one year as from the date of applying for approval
for translation from the author or from the person to whom the right of
translation was transferred without utilizing it.
Article
10
The author shall have the exclusive right to have his work attributed
to him, and he or anyone acting for him shall have the right to shove
any infringement upon his work. He may also prevent any deletion or change
in the work. However, if a deletion or change occurs in the translation
of the work and it is mentioned , then the author shall have no right
to prevent it, unless the translator overlooks to refer to the places
of deletion or change, or if the translation results in affecting the
author's reputation or his cultural or artistic standing.
Article
11
It shall not be possible to seize the copyright in any work of art. However,
it shall be allowed to seize the copies of the work which have been published.
Likewise, it shall not be permitted to seize the work whose owner dies
before publishing it, unless it is proven that he had intended to publish
it before his death.
Article
12
After the publication of his work, the author may not prevent its expression
in eurythmics, acting or delivery if it took place during a family gathering,
society, private club or school meeting, as long as this meeting does
not directly or indirectly yield a financial return. The armed forces
musical band and other bands of the State shall have the right to play
the musical works without having to pay any consideration to the author
as long as it does not yield directly or indirectly a financial return
.
Article
13
The author may not prevent a person making one copy of a published work
for his own use.
Article
14
-
After the publication of a work, the author may not prohibit analyses
and short quotations from it, if they are intended for criticism, discussion,
education or information as long as they refer to the name of the author,
if he is known, and to the source from which it is taken.
- The
following shall be allowed in school books and history, literature,
science and art books:
- Copying
short quotations from published works.
- Copying
published works on graphics, three-dimensional and photographic
arts, provided that the copying is limited to the extent necessary
to explain what is written and in all cases, the sources from which
the copying is made should be clearly mentioned as well as the names
of the authors.
Article
15
Copying may not be made of serialized novels, short stories or other literary,
artistic or scientific works published by their authors in the newspapers
or periodicals, except with their permission. However, newspapers can
copy the articles published in other newspapers,which are of current economic,
political and religious character which preoccupy the public opinion unless
the newspaper which publishes those articles states that copying is prohibited
and in the case were copying is made, there should be a reference to the
source from which it was copied.
Article
16
Newspapers, radio and television shall be permitted to publish as news
without the author's permission, the speeches delivered in open meetings
of political, administrative or judicial councils, as well as the speeches
of political nature delivered in open meetings, as long as such speeches
are addressed to the public.
Article
17
In the cases provided for in the previous two articles, the author shall
have the exclusive right to publish a collection of his written works
or articles.
Article
18
The heirs of an author shall have the exclusive right to decide publishing
his works which were not published during his life time, unless the author
requests otherwise in his will. However, if the author fixes a date for
publication, the work may not be published before that date.
Article
19
The heirs of an author shall have the exclusive right to exercise the
financial utilization rights provided for in Articles 7, 8 and 10 of this
law. If the work is a joint effort and one of the authors dies without
leaving an heir or a legatee, his share shall devolve to his partners
in the authorship or their successors, unless it is otherwise agreed .
Article
20
Without prejudice to the provisions of Article 9 0f this law, the financial
utilization rights provided for in Articles 7, 8 and 10 shall expire with
the elapse of twenty five years after the death of the author, provided
that the total period of protection shall not be less than fifty years
as from the date of publication of the work. However, with respect to
photographic and cinematic works which are limited to the mechanical transmission
of scenery, such rights shall expire with the elapse of five years as
from the date of first publication of the work. While the period of protection
for joint works shall be calculated as from the date of death of the last
author who survived. If the author is a body corporate, public or private,
the financial utilization rights shall expire after the elapse of thirty
years as from the date of first publication of the work.
Article
21
The protection provided for in this law shall not include works published
without the name of the author or its pseudonym. However, if the author
or his heirs reveal his identity, the period of protection shall start
on the date of such disclosure.
Article
22
The period of protection for works published for the first time after
the author's death shall be calculated as from the date of his death.
Article
23
If the author's heirs or successors do not exercise the rights provided
for in Articles 18 and 19 of this law, and the Minister of Information
thought that the public interest dictates publishing of the work, he shall
have the right to ask them through a registered letter to publish it.
If three months elapse as from the date of notification and they do not
publish the work, the Minister may publish the work, without violation
to the rights of the heirs or successors to a fair compensation.
Article
24
A work of art shall be regarded as published as of the date of placing
it within reach of the public for the first time. Re-publication shall
not be taken into consideration unless the author makes basic amendments
at the time of re-publication that it can be considered a new work of
art. If the work of art consists of several books or volumes published
separately at different intervals, then every book or volume shall be
regarded as an independent work as far as the publication date is concerned.
Article
25
If more than one person takes part in compiling a work of art in such
a way to make it impossible to separate the share of each one of them
in the work, then all of them shall be regarded as equal owners of the
work unless otherwise agreed. In this case, the copyright cannot be exercised
without the agreement of all the participating authors, and each one of
the authors shall be considered as an agent for the other authors. If
a dispute arises between the authors, it will be settled before the court
of first instance. However, each of the participating authors shall have
the right to file a lawsuit if any copyright infringement takes place.
Article 26
If more than one person takes part in compiling a work of art in such
a way to make it possible to separate the share of each one of the participants
in compiling the work, then each one of them shall have the right to exploit
copyright of the part which he contributed provided that it is not detrimental
to the exploitation of the joint work, unless otherwise agreed.
Article
27
A collective work is a work in which a group of persons share willingly
in making it under the directives of a natural or legal person and the
work of the participant authors is merged in the general idea of the work
which is put down by that natural or legal person in such a way to make
it impossible to separate the work done by each of the participants in
compiling the work and setting it apart. The natural or legal person who
directs and organizes the creation of the work shall be regarded as author
of the work and he shall have the exclusive right to exercise the author's
rights therein.
Article
28
If
a work of art bears a pseudonym then it shall be assumed that the author
has authorized the publisher to exercise the rights provided for in this
law, until the author announces his identity and proves it. Such an announcement
can be made through a will.
Article
29
If
more than one person participates in compiling a music-song work, the
author of the musical part shall have the right to license to others the
public performance of the whole work, or to authorize, publish or reproduce
the work, provided this does not prejudice the copyright of the literary
part of the work. The author of the literary part has the right to publish
his part only , provided that he does not dispose of it as a basis for
another musical work, unless otherwise agreed.
Article
30
If more than one person participates in a work of art which is performed
by movements accompanied by music, shows accompanied by music and all
other similar works, the author of the non-musical part of the work shall
have the right to license to others the public performance of the whole
work, or to authorize, publish or reproduce the work. As regards the author
of the musical part of the work, he shall have the right to dispose of
the music part only, provided that the music is not used in a work similar
to the joint work, unless otherwise agreed.
Article
31
Each of the following shall be considered as a partner in composing cinematic
works or works prepared for radio or television broadcasting:
-
The scenarist or the author of the written theme of the programme.
- The
adapter of the present literary work to make it executable.
- The
dialogist.
- The
work's musical composer if he composed the music specifically for the
work.
- The
director of the work if he has exercised actual control in executing
it and has achieved positive results from the intellectual part to bring
the work into being.
If
the cinematic work or the work prepared for radio or television broadcasting
is simplified or derived from another previous work, then the author of
the earlier work shall be considered as a partner in the new work.
Article
32
The scenarist, the adapter of the literary work, the dialogist and the
director shall jointly have the right to show the cinematic work or the
work prepared for radio or television broadcasting despite the objection
of the author of the original literary part or the composer of the musical
part, provided that this does not prejudice the objector's rights derived
from participating in the work. The author of the literary part and the
musical part of the work shall be entitled to publish the part which belongs
to him in any way other than the cinema, radio or television, unless otherwise
agreed.
Article
33
If one of the participants in compiling a cinematic work or a work prepared
for radio or television broadcasting refrains from completing his part
of the work, this shall not entail preventing any of the other participants
from using the part which he has completed, provided this does not prejudice
the rights of the refraining participant resulting from his participation
in the work.
Article
34
The person who handles achieving a work of art or takes the responsibility
of achieving it and provides the authors with the material and financial
means which guarantee producing and directing the work shall be considered
the producer of the cinematic work or the work prepared for radio or television
broadcasting . The producer shall be regarded as the publisher of the
cinematic work and shall enjoy all the rights of the publisher on the
work itself and any copies of it. The producer, shall throughout the period
agreed upon to exploit the work, act as a deputy to the author of the
work and his successors in contracting with other parties to show and
exploit the work, without prejudice to the rights of the authors of adapted
literary and musical parts, unless otherwise agreed.
Article
35
The official parties in charge of radio and television broadcasting shall
have the right to broadcast or present the works which are shown in the
theatres or in any other public place. The managers of these public places
shall make it possible for the said official parties to make the necessary
artistic arrangements for such broadcasting or presentation. The official
parties shall mention the name of the author and the title of the work
and pay a fair compensation to the author or his successor and to the
owner of the place from which the work is broadcasted or in which it is
presented, if required.
Article
36
Whoever has taken a photograph shall not have the right to show, publish
or distribute the original photograph or copies thereof, without an authorization
from those represented in the photograph, unless otherwise agreed. This
provision shall not apply if publishing the photograph takes place in
the context of public events or if it relates to officials or persons
enjoying public renown or if the public authorities have given permission
to its publication for the general welfare. Even in the previous case,
no photograph shall be permitted to be shown or circulated if its publication
entails detriment to the honour, reputation or social standing of the
person presented in the photograph. However, the person presented in the
photograph shall have the right to authorize its publication in newspapers,
magazines and similar publications even if the person who takes the photograph
does not allow it, unless there is an agreement to the contrary. These
provisions shall apply to pictures no matter the method by which they
were made, whether painting, engraving, sculpture or any other means.
Article
37
The author shall have the exclusive right to publish his letters, however
this right may not be exercised without prior authorization from the addressee,
if publication of those letters is detrimental to him.
Article
38
The author may transfer to others the rights of financial exploitation
provided for in this law. However, the transfer of one of these rights
does not result in giving the right to exercise any other right. It is
stipulated for the disposal to be valid that it should be in writing and
shall determine in all frankness and detail each disposable right, stating
its extent, purpose, exploitation period and place. The author shall refrain
from taking any action that may hinder using the disposed of rights.
Article
39
It shall be regarded as null and void the disposal of all the author's
future intellectual output.
Article
40
Any disposal of the rights provided for in Articles (7, (8 and (10 of
this law by a person other than the author shall be regarded as null and
void.
Article
41
The author's disposal of his rights in a work of art, whether whole or
partial may be on the basis of a share percentage in the revenue resulting
from utilization of the work.
Article
42
If the ownership of the original copy of a work is transferred, this shall
not include the transfer of the copyright in that work. However, any person
who owns the copy shall have the right to display it to the public and
he shall not be obligated to grant the author the right to copy, reproduce
or display it, unless otherwise agreed.
Article 43
The author shall have exclusive right, if serious moral reasons arise,
to ask the court of first instance to decide the withdrawal of his work
from circulation or the introduction of substantial modifications to it
in spite of his disposal of the financial exploitation rights. The author
shall be obligated in this case to pay to the party to which the financial
exploitation devolved, a fair compensation to be estimated by the court,
which may decide to obligate the author to pay this compensation in advance
within a certain period of time, otherwise this will invalidate the decision
of the court, or the court may obligate the author to present a guarantor
acceptable to it.
Article
44
Every author whose any of his rights in his work of art provided for in
accordance with the provisions of this law are infringed upon, shall be
entitled to an appropriate compensation.
Article
45
Any act committed by any of the following shall be considered a counterfeit
offense punishable by a fine not less than ten dinars and not exceeding
one hundred dinars:
- Whoever
infringes upon the copyrights provided for in Articles (5. (7, (8, (9
and (10 of this law.
- Whoever
sells or offers for sale counterfeit works of art, or imports into Iraq,
without the author's permission or his deputy, works of art published
abroad and included in the protection provided for in this law.
- Whoever
counterfeits in Iraq works of art published abroad, or sells these works
or exports or ships them abroad.
In
case of repetition of the crimes, the offender shall be sentenced to imprisonment
for a period not exceeding three months and to a fine not exceeding three
hundred dinars or to any one of these penalties. The court may as well
in the case of repetition of the crime order the closure, for a certain
period or for good, of the establishment which has been used by the counterfeiters
or their partners to commit to the offense. The court may as well, order
the confiscation of all the instruments used for illegal publication which
has occurred in violation with the provisions of Articles (5, (7, (8,
(9 and (10 and which are not useful except for this publication and all
counterfeit copies must be confiscated as well.
Article
46
The court of first instance may, at the request of the concerned parties,
and after making a detailed description of the work which was illegally
published or re-published, order the seizure of the original copy, its
copies or photocopies, as well as the material used in re-publishing the
work or making copies thereof, provided the said materials are not fit
except for re-publishing the work. As regards eurythmy, acting and conveying
to the public, the court may order computation of the revenue resulting
from publication or presentation and seizing it.
Article
47
The court of first instance, may upon a petition filed by the author,
order the destruction of a work of art copies or photocopies which have
been illegally published as well as the materials used in publishing the
work provided that they are not useful for anything else and the court
may order to change the features of the copies, photocopies and the materials
or make them unfit for use and all of this shall be at the expense of
the responsible party. The court shall not order the said procedures if
the copyright in a work of art shall lapse within a period of less than
two years from the date of the issuance of the court's decision. In this
case, these procedures shall be replaced with levying seizure until the
remaining period expires. The aggrieved party may request, instead of
destroying the copies or photocopies, and within the limits of the compensation
due to him, confiscating the copies of the work published or its copies
and the materials which are only fit for its re-publication and selling
them to settle his account. He may also request seizure of the revenue
resulting from illegal eurythmy or delivery. In all cases, the compensation
shall be a preferential debt to the net sales value and the seized amounts
of money. To this preferential debt, only legal fees and expenses incurred
in maintaining such things and the collection of the compensation shall
take precedence. In application of the provisions of Article 11 of this
law, buildings may not be seized, destroyed or confiscated for the purpose
of preserving the rights of the architect whose designs and drawings were
illegally used. In all cases the court may at the request of the aggrieved
party, order publishing the judgement in one newspaper, magazine or more
at the responsible party's expense.
Article
48
All publishers of works of art which are prepared for publication by making
copies thereof, must deposit, within one month as from the date of publication,
five copies of the work at the national library. Non-depositing of a work
of art shall be punishable with a fine not exceeding twenty five dinars,
however, it shall not result in prejudicing the copyrights stipulated
by this law. These provisions do not apply to works of art published in
newspapers and periodicals, unless they were published separately.
Article
49
The provisions of this law shall apply to the works of art of Iraqi and
foreign authors which are published, acted or presented for the first
time in the Republic of Iraq, as well as to the works of art of Iraqi
authors which are published, acted or presented for the first time in
a foreign country. While the works of art of foreign authors which are
published for the first time in a foreign country shall not be protected
by this law, unless this foreign country provides similar protection for
Iraqi authors for their published, acted or presented works for the first
time in the Republic of Iraq and such protection is extended to the dependent
countries of this foreign country.
Article
50
The Ottoman Copyright Law shall be repealed.
Article
51
Regulations may be issued to facilitate the implementation of the provisions
of this law.
Article
52
This law shall be effective as from the date of its publication in the
Official Gazette.
Article
53
The ministers shall be commissioned with the implementation of the provisions
of this law.
Issued
in Baghdad on the 4th day of Dhu'l Qada, 1390 H.H. corresponding to the
2nd day of December 1971.
Ahmad
Hassan Al-Bakr
Chairman
Revolution Leadership Council
Published
in the Iraqi Waqae', Issue 1957, dated 21/1/1971
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