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COPYRIGHT AND NEIGHBOURING RIGHTS ACT (CHAPTER 26:05)

CHAPTER 26:05

COPYRIGHT AND NEIGHBOURING RIGHTS ACT

Act 11/2000, 22/2001 (s. 4), 32/2004.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title and date of commencement.
  2. Meaning of publication.
  3. Construction of references to when work was made.
  4. Construction of references to owner of copyright.
  5. Construction of references regarding transmission of works through cable programme services and through broadcasting.
  6. References to works to include adaptations and parts thereof.
  7. Act to bind State.

PART II

COPYRIGHT IN ORIGINAL WORKS

  1. Nature and vesting of copyright.
  2. Works eligible for copyright.
  3. Copyright by virtue of author’s nationality, domicile or residence.
  4. Copyright by virtue of country of first publication.
  5. Copyright in works by State or designated international organisations.
  6. Ownership of copyright.
  7. Duration of copyright.
  8. Protection of works that have been adapted or embodied in other works.
  9. Acts restricted by copyright in literary and musical works.
  10. Acts restricted by copyright in artistic works.
  11. Acts restricted by copyright in audio-visual works.
  12. Acts restricted by copyright in sound recordings.
  13. Acts restricted by copyright in broadcasts.
  14. Acts restricted by copyright in programme-carrying signals.
  15. Acts restricted by copyright in published editions.

PART III

PERMITTED ACTS IN RELATION TO COPYRIGHT WORKS

  1. Fair dealing for purposes of research or private study.
  2. Educational use of copyright material.
  3. Copies made to replace or conserve library or archival copies of works.
  4. Use of anonymous or pseudonymous works.
  5. Use of work for Parliamentary or judicial proceedings or inquiries.
  6. Fair dealing for purposes of criticism, review or news reporting.
  7. Publication of public speeches and articles of topical interest.
  8. Quotations from copyright works.
  9. Public readings and recitations.
  10. Records made from sound-tracks.
  11. Reconstruction of architectural works.
  12. Reproduction of artistic works in public places.
  13. Incidental inclusion of copyright material.
  14. Ephemeral recordings.
  15. Reproducing artistic work for purpose of advertising its sale.
  16. Use of work for demonstration purposes.
  17. Computer programs: back-up copies, decompilation, etc.
  18. Recording of programmes and broadcasts for purposes of subsequent viewing or listening.
  19. Private recording of musical works and sound broadcasts.
  20. Acts done under statutory authority.
  21. Prescribed dealings in copyright works.

PART IV

TRANSMISSION ANDASSIGNMENT OF COPYRIGHT AND GRANT OF LICENCES

  1. Ways in which copyright may be transmitted.
  2. Assignment of copyright.
  3. Testamentary disposition of copyright.
  4. Vesting of copyright by operation of law.
  5. Transmission of future copyright.

PART V

INFRINGEMENT AND REMEDIES FOR INFRINGEMENT

  1. Owner of copyright entitled to remedies for infringement.
  2. Rights and remedies of exclusive licensee.
  3. Forum in which remedies for infringement may be sought.
  4. Damages in infringement proceedings.
  5. Cases where interdict not available.
  6. Anton Piller
  7. Additional rights of owner of copyright in respect of infringing copies.
  8. Offences and penalties in respect of infringement.
  9. Restriction on importation or exportation of infringing copies.

PART VI

MORALRIGHTS

  1. Right to be identified as author or director.
  2. Exceptions to right to be identified.
  3. Right not to be identified as author or director.
  4. Right to object to derogatory treatment of work.
  5. Right to privacy in regard to certain photographs and audio-visual works.
  6. Transmission of moral rights.
  7. Enforcement of moral rights.

PART VII

RIGHTS IN PERFORMANCES

  1. Interpretation in Part VII.
  2. Application of Part VII: qualifying performances.
  3. Performers’ rights.
  4. Right of performer to remuneration for commercial use of sound recording of performance.
  5. Rights of holders of recording rights to performances.
  6. Exceptions to rights of performers and holders of recording rights.
  7. Tribunal’s power to give consent on behalf of performer.
  8. Duration of rights of performers and holders of recording rights.
  9. Transmission of rights of performers and holders of recording rights.
  10. Enforcement of rights of performers and holders of recording rights.
  11. Criminal liability for infringement of rights of performers and holders of recording rights.
  12. Rights under Part VII additional to copyright and moral rights.

PART VIII

WORKS OFFOLKLORE

  1. Interpretation in Part VIII.
  2. Reservation of rights in works of folklore.
  3. Effect of reservation.
  4. Restriction on importation or exportation of copies of reserved works of folklore.
  5. Freedom to do certain things in relation to reserved works of folklore.
  6. Licensing of reserved works of folklore.
  7. Appeal to Tribunal against decisions of Minister or appropriate local authority.

PART IX

 

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