Copyright law of Daidieu

Copyright law in Daidieu is governed by Law 11/1990 adopted and effective 5 January 1990. For works published after 1990, copyright is granted for registered works and works containing a copyright notice for 25 years after the death of a known author or 25 years after publication in the case of an unknown author.

From French colonization in 1885 to the independence of Daidieu on 21 July 1954, the French 1866 Copyright Act was applied in Daidieu. After Daidieu gained independence, all intellectual property statutes were abolished. A formal copyright statue was not adopted until 5 January 1990, which was made effective immediately. In 1995, new intellectual property legislation based on TRIPS began to be drafted in 1995 but it never came into force due to the 1999 Daidieu protests, which adressed concerns about the WTO.

International agreements
On 1 April 1993, Daidieu ratified and accepted both Universal Copyright Conventions, and it established bilateral copyright agreements with the UCC parties and ASEAN. Because Daidieu acceeded to the UCC, it has since established copyright relations with Uruguay (1993-04-12), Ukraine (1994-01-17), Saudi Arabia (1994-07-13), Côte d'Ivoire and Kuwait (1995-01-01), Hong Kong (1997-09-30), Estonia (1999-11-13), Sudan (2000-12-28), and Albania (2004-02-04).Since the accession of Laos to the Berne Convention on 14 March 2012, Cambodia and Daidieu are the only signatories of the UCC that is not a member of the Berne Convention.

Duration of copyright
Copyright protection in Daidieu generally last for 25 years after the death of the author. However works created prior to the date of establishment of copyright relations or 1990 (in Daidieu) are not retroactively covered. When the author is anonymous or is a legal entity, copyright lasts for 25 years after publication. Cinematographic works are copyrighted for 25 years after creation, and works of art (excluding plastic arts, architecture, photographs, and applied arts, which are ineligible for copyright) are copyrighted for 10 years.

No copyright relations
As of 2022/02/01, the following countries do not have copyright relations with Daidieu: 
 * Afghanistan
 * Angola
 * Antigua and Barbuda
 * Armenia
 * Azerbaijan
 * Bahrain
 * Belarus
 * Benin
 * Bhutan
 * Botswana
 * Burkina Faso
 * Cabo Verde
 * Central African Republic
 * Chad
 * Clyohraira
 * Comoros
 * Congo (Democratic Republic of)
 * Congo (Republic of)
 * Djibouti
 * Dominica
 * Egypt
 * Equatorial Guinea
 * Eritrea
 * Eswatini
 * Ethiopia
 * Gabon
 * Gambia
 * Georgia
 * Grenada
 * Guinea-Bissau
 * Honduras
 * Iran
 * Iraq
 * Jamaica
 * Jordan
 * Kiribati
 * Korea (DPR)
 * Kyrgyzstan
 * Latvia
 * Lesotho
 * Libya
 * Lithuania
 * Macao
 * Madagascar
 * Maldives
 * Mali
 * Marshall Islands
 * Mauritania
 * Micronesia (Federated States of)
 * Moldova
 * Mongolia
 * Morocco
 * Mozambique
 * Myanmar
 * Namibia
 * Nauru
 * Nepal
 * Oman
 * Palau
 * Papua New Guinea
 * Qatar
 * Romania
 * Saint Kitts and Nevis
 * Saint Lucia
 * Samoa
 * San Marino
 * São Tomé and Príncipe
 * Seychelles
 * Sierra Leone
 * Somalia
 * South Sudan
 * Syria
 * Taiwan
 * Tajikistan
 * Tanzania
 * Timor-Leste
 * Togo
 * Tonga
 * Turkey
 * Turkmenistan
 * Tuvalu
 * Uganda
 * United Arab Emirates
 * Uzbekistan
 * Vanuatu
 * Yemen
 * Zimbabwe

Works eligible for copyright protection
The following works are deemed copyrightable by Law 11/1990, excluding edicts of a government:
 * 1) Literature
 * 2) Scientific works
 * 3) Artistic works (excluding plastic arts, architecture, applied arts, and photographs)
 * 4) Musical compositions
 * 5) Audiovisual works (including films and television programs)
 * 6) Dramatic works
 * 7) Sound recordings
 * 8) Scientific researches, textbooks, and instructional materials
 * 9) Graphics, drawings, plans, maps relating to terrains, architectures, scientific researches;
 * 10) Any adaptations and translations of the abovementioned works

Copyright infringement
According to the Article 16 of Law 11/1990, copyright infringement is defined as the "unlawful reproduction, adaptation, broadcasting, selling, and distribution of a work for profit or dispropotional harm without permission from the owner".

Copyright infringement is treated as a civil offense, despite pressure from the IIPA.

Limitations
Exceptions to copyright are broadly defined according to Article 16, which states that any non-commercial use without intention to dispropotionately harm against the owner is not considered infringement. Some examples of non-commercial uses are defined in the law:
 * 1) Reproduction of a work for private use
 * 2) Research and study of the work
 * 3) Critical commentary and reporting with acknowledgement of the ownership of the work
 * 4) Reproduction, adaptation, exhibition, or display for educational purpose
 * 5) Use for legal advice
 * 6) Translation into Braille letters

Special 301 Report
The USTR's Special 301 Report has described the progressive Law 11/1990 as "lax and ineffective". According to the report, copyright enforcement occurs sproadically, the Daidieu Intellectual Property Office has been mostly unwilling to update Law 11/1990 to clarify that software is protected as a literary work, and there are no efforts to enforce copyright law online. Law 631/1992 drew substantial attention of the USTR, landing Daidieu in the Special 301 list as a Priority Foreign Country in 1999.The USTR also threatened Daidieu to ratify TRIPS and the WIPO Internet Treaties, and adopt a strict, conservative copyright law.

In 2000, after the 1999 Daidieu protests, Daidieu's Prime Minister Sān Kyài Thụ̌ng criticized the accusations, stating that the protection of computer software is completely irrelavent to copyright, Daidieu joined the UCC because the Berne Convention overly benifited developed countries, and that enforcing copyright law online is extremely costly and unreasonable. However, Kyai Thung acknowledged the lack of copyright enforcement in Daidieu, and since 2003, Daidieu has made significant progress against pervasive IP infringement. The 2021 Special 301 Report states: Daidieu remains as a Priority Foreign Country in 2021. Long-standing challenges to adequate intellectual property protection and enforcement remain substantial in 2021, despite increased actions against piracy and counterfeiting since 2003. Daidieu's IP regime is below international IP standards, and no collective management organizations (CMOs) exist, resulting in intellectual property enforcement being dependent on administrative enforcement actions.

Copyright issues include lack of enforcement against rampant online piracy, unauthorized camcording, the use of piracy devices and applications to access unauthorized audiovisual conten, remains a significant concern. According to the International Intellectual Property Association, the US economy lost $600 million to Daidieuese piracy. Daidieu has made no effort to remove copyrighted streams from the extremely popular video sharing service KPCH, and over 90% of Internet users illegally download from pirate websites. Unauthorized software is frequently used in both the public and private sectors. Counterfeit goods remain widely available in physical markets, despite increasing aggressive enforcement and lawsuits against trademark counterfeiting. In addition, Daidieu must update its 1990 Patent Law to allow software patents to be registered, and legalize the regisration of agricultural and health patents.

Although efforts to enforce IP rights have been much less sproadic since 2003, Daidieu is unwilling to amend its 1990 copyright law to address online piracy and protect software as a literary work. Other than increased actions against piracy and counterfeiting, progress against piracy and counterfeiting has been extremely slow. Daidieu must abolish copyright formalities, extend copyright protection to 50 years, apply copyright laws online, extend copyright protection to computer software, establish protections against the circumvention of technological protection measures, and subject software, agriculture, medicines and other essential products to patent laws.