The key amendments introduced by Proclamation No. 872/2014 are substantial. The 2014 amendments addressed major gaps in the 2004 law (Copyright and Neighboring Rights Protection Proclamation No. 410/2004) by creating a royalty system, establishing collective management societies to administer rights, and providing stronger enforcement tools and penalties to better protect creators

1. New Definitions:

It Added new definitions to the law, including “applied art,” “royalty” (fees for commercial use), “collective management society,” “royalty scheme,” and “work without a master”.

• Copyright Duration:

It Clarified that the 50-year post-mortem protection period for economic rights starts on January 1st following the author’s death.

• 2004 Law: Stated that economic rights last for 50 years after the author’s death.
• 2014 Amendment: Clarified the calculation by specifying that the 50-year term starts from January 1st of the year following the author’s death.
• Royalties & protection for ‘Works Without Masters’:

• 2004 Law: Contained no provisions for works where the author is unknown or cannot be located.
• 2014 Amendment: Introduced a specific definition for “work without a master” and created a legal framework for collecting and distributing royalties from such works to fund activities promoting copyright. This is a major addition to ensure that unclaimed royalties are managed and used to support creative activities.
• Introduction of Collective Management Societies

Introduced a new part establishing a framework for collective management societies to collect and distribute royalties. A maximum of 30% of collected royalties can be deducted for administrative costs.

• 2004 Law: Had no provisions for organizations that collectively manage rights (e.g., collecting royalties on behalf of multiple authors).
• 2014 Amendment: Introduced an entirely new Part Six (Articles 32-37) that establishes a legal framework for:
  • Forming collective management societies (non-profit).
  • Applying for official recognition from the Intellectual Property Office.
  • Operating under a memorandum of association and internal regulations.
  • Collecting and distributing royalties to members.
  • Key Financial Limit: A society cannot deduct more than 30% of total collected royalties for its operational costs.
• Criminal Sanctions (Penalties)

• 2004 Law: Focused on imprisonment:
  • Intentional violation: 5 to 10 years.
  • Gross negligence: 1 to 5 years.
• 2014 Amendment: Added significant fines in addition to imprisonment:
  • Intentional violation: Fine of 25,000 to 50,000 Birr, plus imprisonment.
  • Gross negligence: Fine of 5,000 to 25,000 Birr, plus imprisonment.
• Enforcement & Border Measures

• 2004 Law: Allowed Customs authorities to detain goods based on a written application from the right holder.
• 2014 Amendment: Empowered Customs authorities to take action on their own initiative (ex officio) to detain suspected infringing goods, making enforcement more proactive.
•  Establishment of a Specialized Tribunal

• 2004 Law: Did not establish a specific court for copyright cases; civil suits were handled by ordinary courts.
• 2014 Amendment: Formally established an Intellectual Property Tribunal to hear civil cases related to copyright and neighboring rights. Appeals from this tribunal go to the Federal High Court on points of law only.

Miscellaneous provisions:

•  It amends Copyright and Neighboring Rights Protection Proclamation No. 410/2004
• Effective on January 14, 2015