– Macao's copyright system is embodied in the Law on Copyright and Related Rights, enacted by Decree-Law No. 43/99/M, of August 16, 1999. The comprehensive scope of copyright protection is headed by a general rule - "Intellectual creations in the literary, scientific and artistic fields, whatever their type, form of expression, merit, form of communication or purpose, shall be protected by copyright", followed by an exemplifying list of copyright work, which encompasses virtually every form of intellectual creation, including software.

Membership in International Conventions

– Berne Convention for the Protection of Literary and Artistic Works, Paris Act, with effect from December 20, 1999.
– Geneva Universal Copyright Convention (1952) and all subsequent updates to date, with effect from December 20, 1999.

Protection and Duration

Protection requirements: copyright protection arises automatically with the creation itself, provided the latter is original and defined by the creator, by whatever means (writing, singing, painting, etc.).

Owner’s right: the first owner of copyright is the intellectual creator. This rule applies to works made for hire, though in the case of software there is a legal presumption of assignment of the ownership to the employer or commissioner. An exception are collective works (that law defines as a work created by two or more persons but organized on the initiative of a person or legal entity in whose name it is disclosed or published): the first owner of such a work is the person who organizes and directs its creation and in whose name the work is disclosed or published. 

Contents: copyright comprises of both economic rights and non-economic (moral) rights. The former covers all possible ways of using the work as well as the right to be paid for the use made by a third party under a legal license.

Fair use: a list of fair use situations is recognized by the Macao legislation, namely, private use, reproduction in the media and others, the partial reproduction of articles by educational institutions made for teaching purposes, the performance of musical works at official events. Those uses are only allowed if they do not preclude the normal economic exploitation of the work or unjustifiably prejudices the legitimate interests of the author. Moreover, the use must be accompanied where possible by a reference to the author and the title of the work used. 

Duration: as a principle, the economic rights expire fifty years after the author’s death. However, there are a few exceptions regarding the length of the term or the starting date. Thus, the lapse of economic rights on collective works is calculated from the publication date. The same rule applies to works made for hire, copyright on anonymous works and audiovisual works (including cinematographic ones). Works of applied arts, graphic arts, photography, and architecture are only protected for twenty-five years and this term is calculated from the creation of the work. Note: those rules are not applied to moral rights, which are inalienable and non-renounceable and may be exercised by the successors after the author’s death.

Related Rights Protection: Macao's law also protects entertainment of any kind, namely sporting or artistic, provided that the physical access to them is not free. The owners of the three traditional related rights are respectively the performers, producers of phonograms or videotapes and broadcasts. These rights lapse, respectively, fifty years from the performance, fifty years from the fixation of the phonogram or videotapes and twenty years from the broadcast.