The Proposed Reform of Law No. 2.00 on Copyright and Related Rights
In Morocco, the proposed reform of Law No. 2.00 comes at a time of profound changes in the exploitation of literary and artistic works, driven by the continuous development of digital technologies, which have contributed to a rise in online piracy and other forms of unlawful dissemination. These recent developments reflect a gradual move towards stronger digital regulation standards and enhanced protection of intellectual property rights.
This trend can be observed at the international level, where website and content blocking measures are already widely used in many countries to combat illegal streaming and digital counterfeiting. These mechanisms enable the competent authorities to swiftly order restrictions on access to platforms that unlawfully broadcast protected content, particularly in connection with major sporting and audiovisual events. Such practices reflect a broader international trend towards strengthening enforcement tools against digital piracy and other forms of unlawful online content.
In this context of developing tools to combat the issue of counterfeiting, the Moroccan legislator aims to establish effective mechanisms to protect copyright and related rights against any form of unlawful exploitation.
Main objectives of the draft bill:
- Adapt the legal framework to technological developments: the text aims to modernize Law No. 2.00 by taking into account current digital realities.
- Strengthen protection mechanisms: a global rights protection framework is established in order to better coordinate preventive and enforcement measures and enhance the effectiveness of the fight against infringements of protected rights. Judicial mechanisms are also provided for, enabling the prevention, cessation, and effective sanctioning of such infringements.
- Combat live streaming piracy: particular attention is paid to broadcasts of sporting events, whose piracy undermines investment in the sports and audiovisual sectors.
Clarification of legal concepts
The draft also updates certain key concepts:
- Broadcasting and television: expanded to include all forms of communication to the public, including via satellite and electronic networks.
Indeed, point 16 of Article 1 has been amended as follows: “Broadcasting and television broadcasting: the communication to the public, whether direct or indirect, of a work or its performance, or of a phonogram or audiovisual recording, by wire or wireless means, through any medium, including in particular satellite or electronic networks”. - Piracy : any unauthorized exploitation of copyrighted work or protected subject matter.
Indeed, point 33 now defines piracy as “any unauthorized exploitation of a work, performance, phonogram, or videogram, by any means, including digital means or via the Internet.”
Strengthening of the enforcement powers of the BMDA officiel
The powers of the agents of the Moroccan Copyright Office (#BMDA) are expanded.
Under Article 60-2 of the law, they will in particular be able to:
- Access and inspect premises, locations, information systems and means of transport, in particular those belonging to operators exploiting literary and artistic works protected under this law;
- Examine registers and documents and take copies ;
- Obtain information necessary for the purposes of an investigation;
- Seize the equipment, tools and documents related to the offence identified, after inventory and recording in an official report (PV).
Any obstruction to the performance of their duties is now subject to criminal sanctions. Indeed, Article 64 provides that “any person who prevents or obstructs the performance of the duties of the agents referred to in Article 60-2 shall also be liable to the same penalties as those set out above.”
Immediate judicial measures:
The draft law also aims to grant the judiciary faster intervention powers. The courts will be able to order the cessation of any unlawful transmission from any person capable of bringing it to an end.
Speed of execution is therefore the main advancement of the draft law. The judge will now be able to order the immediate cessation of any unlawful broadcast as soon as an infringement is identified. Thanks to this reform, it may become possible to act in real time, particularly in cases of live streaming, rather than being limited to ex post enforcement actions.
Ms. Dalal Alaoui, Acting Director of the Moroccan Copyright Office (BMDA) and related rights, emphasizes the effectiveness of this measure: “Previously, it was difficult to act within short timeframes. When we detected cases of piracy, we had to send an official letter to the competent authorities and obtain a court ruling before taking action. In the meantime, sites would quickly change their IP addresses, which complicated the procedures. Now, with the involvement of the ANRT and telecom operators, it will be possible to intervene much more quickly and block the dissemination.”
Customs, protection of cultural heritage and miscellaneous measures:
- Customs measures: possibility of extending the suspension period for goods suspected of counterfeiting by an additional 10 days.
- Public domain and folklore: the commercial exploitation of expressions of folklore and works that have fallen into the public domain (70 years after the author’s death) will be subject to authorisation from the BMDA and the payment of royalties. The Office will ensure the integrity and authenticity of the works.
The draft reform also includes several other measures relating to the protection of copyright and related rights, which are further detailed in the article by Fatima Zahra El Bouhiaoui, to which we refer.
A strategic issue ahead of 2030:
This reform takes place in a particular context marked by the upcoming organisation of major sporting events, including the 2030 World Cup, for which the protection of broadcasting rights represents a key issue.
This draft law thus reflects a clear objective: to adapt the law to digital practices while strengthening the protection of copyright and related rights, and to align with a broader dynamic of development and collective improvement of tools serving professionals and organisations.
Source: see the article by Fatima Zahra El Bouhiaoui
