MoroccoLaw No. 2-00 on Copyright and Related Rights, Database and Reproduction Provisions
Law No. 2-00 on Copyright and Related Rights Arts. 5(b), 10 and 12(c) (database and reproduction provisions), promulgated by Dahir No. 1-00-20 of 9 Kaada 1420 (), as amended by Law No. 34-05, Law No. 79-12 and Law No. 66-19 (Dahir No. 1-22-35 of )
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://www.wipo.int/wipolex/en/legislation/details/19766In force since .
A database right rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not reproduce all or part of a database in digital form without the rights holder's authorization, even for a personal or non-commercial use; the private-use exception does not reach a digital-form database.
- Treat a compilation, encyclopedia, anthology, or database as a copyright-protected work when its selection, coordination, or arrangement of contents constitutes an original intellectual creation, regardless of the medium it is recorded on.
- Rely only on the Law's enumerated exceptions (quotation, teaching, judicial and administrative use, library archiving, and similar narrow purposes) rather than a general fair-use or text-and-data-mining defense; none of them addresses training an AI model on copyrighted content or a compiled database.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Wilful, commercially-motivated infringement carries imprisonment of two to six months and a fine of 10,000 to 100,000 dirhams under Article 64, doubled for a repeated infringement (Art. 64.1) and raised to one to four years' imprisonment and a fine of 60,000 to 600,000 dirhams for a new infringement within five years of a final judgment (Art. 64.2).
Penalty structure
Base tier (Art. 64, as amended by Law No. 34-05): imprisonment of two to six months and a fine of 10,000 to 100,000 dirhams for a wilful, commercially-motivated infringement of the reproduction rights this instrument covers, doubled under Art. 64.1 for a repeated infringement, and raised under Art. 64.2 to imprisonment of one to four years and a fine of 60,000 to 600,000 dirhams for a new infringement committed less than five years after a final judgment for an earlier one. Article 62 separately lets the rights holder choose, in a civil action, between actual damages plus the infringer's profits or pre-established damages of 5,000 to 25,000 dirhams, with a floor of at least 50% of the value of the infringing operation where a court finds a continuing risk of infringement.
- Rule
- Fixed only
- As of
- Minimum
- 10,000
- Currency
- MAD
- Fixed cap
- 600,000
Statutory damages
Article 62: the rights holder may choose pre-established damages of at least 5,000 and at most 25,000 dirhams, as the court finds fair, instead of actual damages plus the infringer's profits. The range is per action, not per person.
- As of
- Currency
- MAD
- Per person minimum
- 5,000
Who enforces it
Enforcement body
Bureau marocain du droit d'auteur (Moroccan Copyright Office) and the competent civil and criminal courts
Settledness
- As of
- Open questions
- Does the withholding of the private-copying exception from "la reproduction de la totalité ou de parties de bases de données sous forme numérique" in Article 12(c) reach a database that is not an original creation under Article 5(b)?
- Does "violation délibérée" aux fins d'exploitation commerciale in Article 64 reach an automated copy made without a financial motive?
What it makes you log
Logging duty
Article 5(b) protects collections and databases that are intellectual creations, article 10(a) gives the author the exclusive right to reproduce the work, and article 12(c) keeps digital database reproduction outside the private-copying exception (in French: "reproduction of all or parts of databases in digital form"). None of these requires a log or record. They carry no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 5(b) protects a compilation, encyclopedia, anthology or database as a copyrightable work where the selection, coordination or arrangement of its contents constitutes an original intellectual creation, whether recorded on a machine-readable medium or otherwise, rather than through a separate sui generis database right.
Article 12 permits free reproduction of a lawfully published work for the user's exclusively private use, but its second paragraph, at 12(c), expressly withholds that exception from the reproduction of the whole or part of a database in digital form, so a digital-form database stays within the author's exclusive right regardless of the reproducer's private purpose.
A wilful, commercially-motivated infringement of these rights is punished under Article 64 (as amended) by imprisonment and a fine, doubled for a repeated infringement and further increased for a new infringement within five years of a final judgment, and Article 62 lets the rights holder choose between actual damages plus the infringer's profits or pre-established damages of 5,000 to 25,000 dirhams. Law 66-19, promulgated by Dahir 1-22-35 of , amends and supplements Law 2-00.
It was published on . Article 70 states that the Law's provisions enter into force six months after publication in the Bulletin Officiel, whose authoritative Arabic edition (n° 4796) the same source dates to , placing the commencement date on .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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