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COPYRIGHT AND NEIGHBOURING RIGHTS ACT (CHAPTER 26:05)
COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Act 11/2000, 22/2001 (s. 4), 32/2004.
ARRANGEMENT OF SECTIONS
- Short title and date of commencement.
- Meaning of publication.
- Construction of references to when work was made.
- Construction of references to owner of copyright.
- Construction of references regarding transmission of works through cable programme services and through broadcasting.
- References to works to include adaptations and parts thereof.
- Act to bind State.
COPYRIGHT IN ORIGINAL WORKS
- Nature and vesting of copyright.
- Works eligible for copyright.
- Copyright by virtue of author’s nationality, domicile or residence.
- Copyright by virtue of country of first publication.
- Copyright in works by State or designated international organisations.
- Ownership of copyright.
- Duration of copyright.
- Protection of works that have been adapted or embodied in other works.
- Acts restricted by copyright in literary and musical works.
- Acts restricted by copyright in artistic works.
- Acts restricted by copyright in audio-visual works.
- Acts restricted by copyright in sound recordings.
- Acts restricted by copyright in broadcasts.
- Acts restricted by copyright in programme-carrying signals.
- Acts restricted by copyright in published editions.
PERMITTED ACTS IN RELATION TO COPYRIGHT WORKS
- Fair dealing for purposes of research or private study.
- Educational use of copyright material.
- Copies made to replace or conserve library or archival copies of works.
- Use of anonymous or pseudonymous works.
- Use of work for Parliamentary or judicial proceedings or inquiries.
- Fair dealing for purposes of criticism, review or news reporting.
- Publication of public speeches and articles of topical interest.
- Quotations from copyright works.
- Public readings and recitations.
- Records made from sound-tracks.
- Reconstruction of architectural works.
- Reproduction of artistic works in public places.
- Incidental inclusion of copyright material.
- Ephemeral recordings.
- Reproducing artistic work for purpose of advertising its sale.
- Use of work for demonstration purposes.
- Computer programs: back-up copies, decompilation, etc.
- Recording of programmes and broadcasts for purposes of subsequent viewing or listening.
- Private recording of musical works and sound broadcasts.
- Acts done under statutory authority.
- Prescribed dealings in copyright works.
TRANSMISSION ANDASSIGNMENT OF COPYRIGHT AND GRANT OF LICENCES
- Ways in which copyright may be transmitted.
- Assignment of copyright.
- Testamentary disposition of copyright.
- Vesting of copyright by operation of law.
- Transmission of future copyright.
INFRINGEMENT AND REMEDIES FOR INFRINGEMENT
- Owner of copyright entitled to remedies for infringement.
- Rights and remedies of exclusive licensee.
- Forum in which remedies for infringement may be sought.
- Damages in infringement proceedings.
- Cases where interdict not available.
- Anton Piller
- Additional rights of owner of copyright in respect of infringing copies.
- Offences and penalties in respect of infringement.
- Restriction on importation or exportation of infringing copies.
- Right to be identified as author or director.
- Exceptions to right to be identified.
- Right not to be identified as author or director.
- Right to object to derogatory treatment of work.
- Right to privacy in regard to certain photographs and audio-visual works.
- Transmission of moral rights.
- Enforcement of moral rights.
RIGHTS IN PERFORMANCES
- Interpretation in Part VII.
- Application of Part VII: qualifying performances.
- Performers’ rights.
- Right of performer to remuneration for commercial use of sound recording of performance.
- Rights of holders of recording rights to performances.
- Exceptions to rights of performers and holders of recording rights.
- Tribunal’s power to give consent on behalf of performer.
- Duration of rights of performers and holders of recording rights.
- Transmission of rights of performers and holders of recording rights.
- Enforcement of rights of performers and holders of recording rights.
- Criminal liability for infringement of rights of performers and holders of recording rights.
- Rights under Part VII additional to copyright and moral rights.
- Interpretation in Part VIII.
- Reservation of rights in works of folklore.
- Effect of reservation.
- Restriction on importation or exportation of copies of reserved works of folklore.
- Freedom to do certain things in relation to reserved works of folklore.
- Licensing of reserved works of folklore.
- Appeal to Tribunal against decisions of Minister or appropriate local authority.