period of between two and six months and a fine of between ten thousand (10,000) and
one hundred thousand (100,000) dirhams, or just one of these penalties:
‐ copyright mentioned in Articles 9 and 10;
‐ rights of performers mentioned in Article 50;
‐ rights of phonogram producers mentioned in Article 51;
‐ right of broadcasting agencies mentioned in Article 52.
Wilful infringements for the purposes of commercial exploitation shall mean:
‐ any deliberate infringement of copyright or related rights that is not directly or
indirectly motivated by financial gain;
‐ any deliberate infringement committed for commercial advantage or private
financial gain.
The same penalties provided for in the first paragraph above, as well as additional measures
and sanctions mentioned in Article 64.3 below, shall be applied to:
‐ Whomsoever imports or exports copies made in violation of the provisions of this
Law;
‐ Whomsoever unlawfully commits one of the acts mentioned in Article 7(1) of this
Law;
‐ Whomsoever commits one of the acts mentioned in Article 65 of this Law;
‐ Against whomsoever the criminal liability mentioned in Article 65(4) of this Law
has been established.
Article 65 – Without prejudice to the provisions of Law No. 77‐03 on audio‐visual
communication, the following acts shall considered unlawful and, in the application of Articles
61 to 64 of this Law, shall be assimilated to infringements of the rights of authors, performers
and phonogram producers:
(a) the manufacture, import, export, assembly, modification, sale, rental or hire of a
device, system or means specifically designed or adapted to disable any device or
means intended to prevent or restrict reproduction of a work or to impair the
quality of copies made;
(b) the manufacture, import, export, assembly, modification, sale, rental or hire of a
device, system or means that is designed or adapted, knowingly or with
reasonable grounds to know, to enable or assist the decoding of encrypted signals
containing programmes without the authorization of the lawful distributor;
(c) the reception and redistribution of signals containing originally encrypted
programmes knowing that they have been decoded without the authorization of
the lawful distributor;
(d) the circumvention, removal, restriction of any effective technological measure;
(e) the manufacture, import, sale, offer to the public or distribution of any device,
element, service or means used, or advertised or promoted as, or essentially