COALITION PROVISIONAL AUTHORITY ORDER NUMBER 83
AMENDMENT TO THE COPYRIGHT LAW
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA) and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 and 1511 (2003),
Having worked closely with the Governing Council to ensure that economic change as necessary to benefit the people of Iraq occurs in a manner acceptable to the people of Iraq,
Acknowledging the Governing Council’s desire to bring about significant change to the Iraqi intellectual property system as necessary to improve the economic condition of the people of Iraq,
Determined to improve the conditions of life, technical skills, and opportunities for all Iraqis and to fight unemployment with its associated deleterious effect on public security,
Recognizing that companies, lenders and entrepreneurs require a fair, efficient, and predictable environment for protection of their intellectual property,
Noting that several provisions of the current Iraqi copyright legislation does not meet current internationally-recognized standards of protection,
Recognizing the demonstrated interest of the Iraqi Governing Council for Iraq to become a full member in the international trading system, known as the World Trade Organization, and the desirability of adopting modern intellectual property standards,
Acting in a manner consistent with the Report of the Secretary General to the Security Council of July 17, 2003, concerning the need for the development of Iraq and its transition from a non-transparent centrally planned economy to a free market economy characterized by sustainable economic growth through the establishment of a dynamic private sector, and the need to enact institutional and legal reforms to give it effect,
Having coordinated with the international financial institutions, as referenced in paragraph 8(e) of the U.N. Security Council Resolution 1483,
In close consultation with and acting in coordination with the Governing Council, I hereby promulgate the following:
CPA/ORD/ 29 April 2004/83
�
Section 1
Purpose
The purpose of this Order is to amend Copyright Law No. 3 of 1971 to ensure that
Iraqi copyright law meets current internationally-recognized standards of protection, and to incorporate the modern standards of the World Trade Organization into Iraqi law.
Section 2
Amendments to Copyright Law
1) Article 1 of the Copyright Law No. 3 of 1971 (“the Law”) is amended to read as follows:
“1. This law protects the authors of original literary, artistic and scientific works, whatever their type, method of expression, importance and purpose.
2. 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 identify of the author.” 2) Article 2 is amended to read as follows: “The protection shall include the works whose method of expression is in writing, sound, drawing, painting or movement, and in particular the following:
1. Written works of all types 2. Computer programs, whether in source or object code, which shall be protected as literary works 3. Works conveyed verbally such as lectures, lessons, speeches, sermons and the like 4. Works entered under the arts of drawing and painting with lines and colors, engraving, sculpture and architecture 5. Dramatic works and musical plays 6. Works performed by artistic movements or steps and are materially prepared for production 7. Musical works, whether accompanied by words or not 8. Photographic and cinematographic works 9. Works prepared for radio and television 10. Charts, drawings and scientific three-dimensional figures 11. Public recitals of the Holy Koran 12. Sound recordings 13. Compilations of data” CPA/ORD/ 29 April 2004/83
�
3) Article 3 is amended to read as follows: “Protection shall include the title of the work, if it is characterized by originality and not indicative of the work’s subject matter.”
4) Article 6 is amended to read as follows: “Protection shall include the following where characterized by originality, arrangement or any other personal effort which deserves protection: