Myanmar’s Copyright Law Reform and the Future of Local Music Licensing

Introduction

It is widely accepted that an effective copyright framework is fundamental for the success of any viable music industry. Not only does it protect authors work against unauthorised uses, it also allows creators and publishers to benefit from their works by creating revenue streams from its exploitation through licensing and royalties. For Myanmar, this is far more complex than the Burma Copyright Act of 1914 suggests, having regulated music exploitation for over a century. 3 It failed to adequately protect musicians and publishers and encouraged unauthorized uses and copyright piracy as part of the country’s entertainment culture.

The Copyright Law 2019 marks a new era, albeit one that is still just emerging: while enacted in 2019, it was not formally implemented until 31 October 2023 due to the late publication of enabling notifications and registration rules by the Ministry of Commerce. The law repealed the previous colonial-era act, adopting a holistic copyright regime in line with international standards. Critically for the music industry, it has incorporated the rights of performers, producers, digital communications and technological protection measures, and crucially, collective management organisations (“CMOs”).

In a time of ever increasing reliance on mobile telephones, internet streaming and social media, music consumption has changed dramatically and while these shifts bring unprecedented new opportunities for artists to increase their fan-base and market share within their national borders, they also bring new concerns about infringements and fair distribution. Within this context, Myanmar's new copyright law aims to establish a credible foundation for a modern music economy capable of tackling new threats while responding to historical problems.

This blog examines some of the key elements of the Copyright Law 2019, what impact they could have on local musicians, publishers, digital streaming services and licensing structures in Myanmar and challenges that exist in enforcing it while responding to the reality of piracy in the digital music industry.

Colonial Copyright to the Digital Age

For much of its history as a modern state, Myanmar was regulated by Burma Copyright Act 1914, a colonial reproduction of the UK Copyright Act of 1911. Despite being progressive for its time, the law failed to adapt to changing technologies, leaving copyright holders with no way of licensing their work during broadcasting and digital distribution.

As a result, unauthorised uses and copyright piracy flourished, and in 1960s Burma became notorious for Copy Thachin, where foreign songs were reproduced, adapted and re-recorded without licence with Burmese lyrics being added for appeal in the local markets. As the music industry developed this practice was so prevalent that it almost became embedded as the nature of local music industry, deterring original song creation. Similarly, radio and TV channels and venues used music without licensing it for use, meaning many musicians had no source of income except that provided by live gigs and sponsorship.

Myanmar’s Copyright Law 2019, and the accompanying Registration Rules of 2023, formalize the recognition of these shortcomings and introduce comprehensive copyright rules aligned with international best practice, entering force on 31st October 2023. The new legal framework represents a dramatic shift from a century of colonial law to modern statutory copyright, and its intention is to create intellectual property that supports creative economies and the country’s economy as a whole.

Musicians, Performers and Producers

Copyright Law 2019 presents significant rights to owners, which is not limited to mere copies. Economic rights included: reproductions, adaptations, distribution, rent, public performance and broadcasting, and crucially, the communication to the public which means control over the digital dissemination of works via online means.

The right to identification as author, and right of objection against mutilation/ distortion, are in essence authors moral rights and are protected independently of authors ownership of the copyright. Neighbouring rights also are an interesting addition. Previously there were few formal rights available to producers of sound recordings, and to performers. The new legislation affords them rights over copies of their performance, distribution, rental and communication to the public.

In terms of the structure of modern music industries, where there is a distinct producer, composer, performer and publisher working together as each team. The ability for these individuals and bodies to license their respective works and recordings through CMOs is of great interest, for not only would this aid them individually financially, but would also offer further incentives to international collaborations and inward investment by foreign rights-holders who would be more inclined to enter contracts with legally regulated, reliable copyright and neighbouring rights owners.

CMOs will also increase revenues from traditional media sources that were exploited without remuneration, and through digital sources that were previously impossible to track and monetize in Myanmar. Collective management organisations and the future of music licensing within the modern industry structure there is a need for ormalised licensing and administration. Traditional music publishers, songwriters and performers are not able to keep track of every instance their works are being exploited around the world, let alone throughout Myanmar.

The formalization of CMOs provides a structure where all right-holders and users can effectively administer these rights. The introduction of CMOs is likely to prove crucial for music licensing in Myanmar. The inclusion of neighbouring rights will also harmonize Myanmar’s legislation with international standards such as the Berne Convention and WIPO Internet Treaties, and could ultimately open doors for cross-border licensing opportunities and gain the confidence of foreign investors and business participants interested in entering the country’s creative sector.

Collective Management Organizations and the future of music licensing

Central to any music industry is the practicality of managing rights. Even if copyright law grants creators exclusive rights to their works, their exercise is practically impossible in the digital age, when tens of thousands of songs are broadcast, performed, distributed and uploaded to various services every day. It is precisely this issue of the administration of rights that the Copyright Law 2019 addresses with the formal establishment of Collective Management Organizations. These organizations act as intermediaries between rights holders and users by licensing the use of works, collecting the corresponding remuneration, and ensuring that authors and their publishers get their share.

By allowing for CMOs, the music licensing system in Myanmar has the potential to be completely transformed. Rather than demanding each individual broadcasters or streaming service, for example, from every single owner, a single blanket license could be issued, covering all works of a huge repertoires, greatly simplifying the process for both the broadcaster or streaming service (reducing the transaction costs involved) and providing for creators.

For artists and songwriters this means that they have a way of monetizing uses for which, without a CMO, would be practically impossible to track and enforce-be it from radio play, public performances, or streaming. In this sense, this model of administration seems like a step in the right direction. However, a key issue for this will be the establishment and operation of these organizations.

As it stands, Myanmar has no developed collecting societies with experience operating a CMO. Establishing transparency and good governance structures will be key in ensuring fair remuneration for rights holders. In this regard, the development of functional CMOs will probably be the most practical consequence of Myanmar’s reform. Otherwise, the new rights it establishes may just remain theoretical as difficult to enforce in practice.

Digital streaming and licensing opportunities

The entire music industry has been radically transformed by the advent of digital streaming services. Services such as Spotify, Apple Music, YouTube Music, etc., have revolutionized the way people consume music: from an ownership based model to a more access-based model. Prior to the adoption of the 2019 Law, there were very little legal certainty around the exploitation of music online. With its provisions on digital communication and technological protection measures, the law effectively fills a critical gap.

The Copyright Law 2019 grants streaming services legal certainty over licensing of local works, and importantly, the protection to rights holders in the shape of performers and producers rights and copyright owners right over online communication. It also greatly simplifies and provides legal certainty for dealings between rights holders and services , and has a potential to encourage global distributors and operators to increase the availability of Myanmar music online and enable Myanmar artists reach out to international audiences.

While these new rights should bring significant opportunity for revenue generation through international sales on streaming platforms , the reality is still challenging i.e., for the digital distribution to work effectively, precise data on the identification of artists, writers, publishers, producers and record companies must be available.

Therefore, the industry has to invest in efficient rights management databases and structures to achieve its goal. In addition, the law does not provide the “notice and take-down” provisions equivalent to those present in many other jurisdictions like the US. Online enforcement may therefore prove challenging. Despite these limitations, the new Copyright Law 2019 establishes a basic legal framework needed to integrate Myanmar into the global digital music economy.

Enforcement and Piracy continue to be key issues

While the rights in themselves do not guarantee actual protection without enforcement , and since the abolition of the Burma Copyright Act 1914 was partly due to the inability to control the rampant unauthorized reproduction of songs and other protected material (such as the CDs of albums which could easily be burnt and distributed freely), it is crucial for this Law 2019 to ensure efficient enforcement. While the reforms are substantial, and allow for significantly stronger enforcement mechanisms in civil, criminal, and customs actions (including substantial fines and jail sentences), it is still early to determine their efficacy. It requires an efficient administration, with the willingness and ability of judges, investigators, custom officers etc, to implement the Law.

It also requires capacity building efforts to ensure that all the actors involved are aware of their roles and the new possibilities the Law creates, as well as the obligations they have. Similarly to many other issues in this sector, digital piracy may provide particular challenges. It is difficult to monitor illegal use on social media, messaging applications and various websites.

Hence, efficient online enforcement may also be challenging due to lack of effective notice and take down provisions , as well as potential external hosting of such content. onsequently, it is crucial for the reform to bring not only a better legal basis for protection, but also efficient enforcement institutions capable of dealing with its demands, and, last but not least, adequate public awareness of IP rights.

Economic and practical effects on the music industry in Myanmar

It is quite clear that Copyright Law 2019 is set to have profound implications on the economics of the Myanmar music industry. For creators and copyright holders, it has the potential to significantly improve monetization strategies, as the licensing mechanisms allow them to claim a larger share of revenue generated from the exploitation of their works than before-whether from physical sales, broadcasting or online distribution.

This may shift artistic and business focus away from solely live performances, towards treating music as a lasting commercial asset rather than income source solely reliant on one-off events. The effects on publishers and record companies may equally be profound. Enhanced legal certainty and clear definition of rights will likely facilitate further investments in the industry, as well as acquisitions and international licensing activities.

At the same time, broadcasters, organizers of events and on-line services may have to incur higher costs. This is naturally expected since businesses that had previously operated in a licensing loophole will be brought into formal transactions. This will create the basis for a more sustainable music ecosystem, in which creators receive a fair reward for their work.

The reforms are also expected to encourage originality. If unauthorized reproduction methods become too risky and unrewarding, it will surely incentive creators to produce original work rather than relying on Copy Thachin and other such methods to copy existing compositions. In this regard, the new copyright law may indeed transform Myanmar from an informal and licensing-free sector into an efficient rights- based music industry.

Conclusion

In conclusion, Myanmar's Copyright Law 2019 is perhaps the most significant development in the country's IP law in decades, revoking the outmoded Copyright Act of 1914 and instating effective, modern protection for authors, performers, producers and digital copyright holders, thereby establishing the groundwork for collective licensing and online exploitation of music. For artists and copyright owners, these new rights are set to unleash new potential for revenue streams and investment and while broadcasters and online users are to be brought into the formal, licensing based market, paving the way for a more creative, diverse and sustainable music ecosystem.

However, legal reforms alone are not sufficient to reform an industry. Practical problems of implementation will likely arise due to the continuing piracy, limited institutional capacity, and the lack of well-developed collective management organizations. The future of the new copyright regime hinges on effective enforcement, industry engagement, and the cultivation of intellectual property rights consciousness. If it can be effectively enforced and embraced by the industry, Myanmar's copyright.

Author: Radhika Chugh , in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.