Morocco’s Bureau of Copyright and Neighboring Rights (BMDAV) is addressing growing concerns regarding its authority and procedures for collecting and distributing royalties for the public use of copyrighted works. The agency’s clarification follows recent online debate and pushback from businesses questioning the validity of royalty requests,with some reports mischaracterizing the fees as penalties [[1]]. The BMDAV, established under Moroccan law, plays a critical role in ensuring creators receive compensation for the use of their intellectual property-a system impacting a wide range of businesses, from hotels and restaurants to cinemas and festivals.
Morocco’s Bureau of Copyright and Neighboring Rights (BMDAV) is clarifying its role in collecting and distributing royalties, responding to what it calls inaccurate reports circulating online and on social media. The agency’s statement comes as some businesses have questioned the legitimacy of royalty requests.
According to a recent communiqué, the BMDAV is legally mandated to collect fees for the use of literary and artistic works, including those related to reprography, private copying, and the use of folklore, as outlined in Article 2 of Law No. 25.19. These collected funds are then distributed to authors and rights holders, in accordance with Title III of the same law.
The bureau also monitors how copyrighted material is used, ensuring compliance with legal frameworks and protecting works against unauthorized exploitation. This includes verifying usage conditions and the methods of dissemination.
The BMDAV asserts its legal authority to protect and manage copyright and neighboring rights, citing Article 60 of Law No. 2.00. The agency explained that royalty rates are based on a schedule published in the Official Bulletin No. 6247 on April 14, 2014, and apply to businesses such as cafes, hotels, restaurants, nightclubs, gyms, cinemas, department stores, tourist complexes, amusement parks, festivals, and any other venue publicly broadcasting protected works.
The law defines exploitation as the public communication of protected works through television, radio, or other means, granting authors – and therefore the BMDAV – exclusive rights over such usage, as stated in Article 10 of Law 2.00. The agency emphasized that the amounts requested are legitimate rights owed to creators, not fines or taxes as some reports have suggested.
Regarding enforcement, the BMDAV stated that authorized agents, acting under the authority of the overseeing ministry, conduct inspections. These agents have the power to document violations, issue citations, and seize recordings, audiovisual equipment, and any materials used in illegal exploitation.
The BMDAV has been collecting copyright royalties for some time, and the agency confirmed that these funds benefit both Moroccan and international authors, in accordance with ratified international conventions and reciprocal representation agreements with foreign rights management organizations. Collected funds are redistributed to authors and rights holders.
When businesses refuse to comply with the law by failing to obtain prior authorization or pay the corresponding royalties, the BMDAV will pursue legal action. However, the bureau stated it prioritizes amicable settlements, offering additional time to businesses willing to fulfill their obligations.
Copyrights are not subject to statutes of limitations, meaning authors and rights holders continue to receive royalties as long as their work is exploited. Upon their death, their heirs receive income for seventy years, after which the work enters the public domain, but the BMDAV continues to collect royalties according to legal provisions.
