Copyright registration in Monaco. Monaco, officially the Principality of Monaco, is a sovereign city-state and microstate on the French Riviera close to the Italian region of Liguria, in Western Europe. Monaco has the world’s highest GDP nominal per capita at US$185,742, GDP PPP per capita at $132,571, and GNI per capita at $183,150. In addition, according to the CIA World Factbook, Monaco also has the world’s lowest poverty rate and the highest number of millionaires and billionaires per capita in the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Monaco.
Copyright in Monaco
Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.
The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.
Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in Monaco early because early registration will give the author/owner of the work many advantages in the event of a dispute.
When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in Monaco will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.
Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in Monaco immediately to protect their rights and interests when there is an infringement.
Copyright registration in Monaco
Monaco is a member country of The Berne Convention for Copyright since 1989.
The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.
As Monaco is a contracting party of the Berne Convention, any work originating in Monaco will be given copyright protection in each of the Berne Convention member countries.
In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Monaco is critical in order for the copyright owner to obtain evidence of copyright.
Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.
When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.
Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.
If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.
If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.
Documents for copyright registration in Monaco
To obtain copyright registration in Monaco, the author of the work needs to prepare the following documents:
- Declaration of copyright registration in Monaco;
- Two copies of copyrighted work;
- Documents proving the right to apply;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned;
- Notarized identity card of the author or owner of the work;
- Power of Attorney, if the applicant is an authorized person;
- Notarized copy of the company’s business registration certificate (if the owner is a company).
The copyright law of Monaco
Monaco has been a member of the Berne Convention since 30 May 1889. As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Loi n. 491 du 24/11/1948 sur la protection des œuvres littéraires et artistiques as the main copyright law enacted by the legislature of the Monaco.
The law came into effect on 1 January 1949. It applies to all literary or artistic works that were not in the public domain when it came into force. WIPO holds Law No. 491 as amended up to Law No. 1.313 of June 29, 2006 in their WIPO Lex database.
You can see a list of Monaco IP firms here.