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Copyright and Neighbouring Rights Regulations,2006 (Statutory Instrument : 256 of 2006)

 

 

Statutory Instrument : 256 of 2006

 

Copyright and Neighbouring Rights Regulations,2006

ARRANGEMENT OF SECTIONS

SI 256/2006, 26/2009 Section

  1. Application for copyright and neighbouring rights.
  2. Address for service.
  3. Method of service.
  4. Decision of Registrar.
  5. Application entry of assignment and transmission.
  6. Entry into register.
  7. Substitution o an applicant.
  8. Application for registration of a licence.
  9. Notification of registration of licence.
  10. Licensing of reserved works of folklore.
  11. Collecting Societies.
  12. Restoration of the society on the register.
  13. Designated countries.

SCHEDULES

First Schedule Forms.

Second Schedule Fees.

IT is hereby notified that the Minister of Justice, Legal an Parliamentary Affairs has, in terms of section 135 of the Copyright and Neighbouring Rights Act [Chapter 26:05] made the following regulations:—

  1. Title

These regulations may be cited as the Copyright and Neighbouring Rights Regulations, 2006

                                                                                              2.   Interpretation

In these regulations—

“form” means a form prescribed in the First or Second Schedule or any form substantially in accordance with a form so prescribed.

3. Application for a copyright and neighbouring rights

  • An application to the Copyright Office for the registration of a copyright shall be made in Form CNR l and shall be typewritten, lithographed or printed in the official language.
  • Except as otherwise specified, an applicant shall use a white paper of the international size A4, leaving a clear margin of at least 40 mm on the left-band side.
  • An applicant or any person who is required to complete any forms in terms of these regulations shall state thereon all particulars specified on such forms and shall also give such information as may be required.

4. Address for service

Any person who applies to become a registered owner of a copyright shall furnish the Registrar with an address for service in Zimbabwe.

                                                                                           5.   Method of service

Where any notice, application or other document is required to be served on any person in terms of these regulations, such service may be effected by delivery of a copy thereof— (a) at the address for service furnished to the Registrar in terms of section 4;

  • to such person personally or to his or her duly authorised agent; or
  • at the residence or place of business or employment of such person or to some responsible person residing or employed thereat.

6. Decision of the Registrar

  • The decision of the Registrar shall be given in writing and shall include a statement of the reasons of the Registrar in reaching a particular decision.
  • The Registrar shall send to every party to the proceedings a copy of his or her decision and shall cause a copy to be made available at Registrar’s office.

7. Application for entry of assignment and transmission

  • An application for the registration in the register of an assignment or transmission in terms of Part IV of the Act, shall be made in form CNR 2 and shall be accompanied by an application fee prescribed in the Second Schedule.
  • Subject to subsection (4), an application in terms of subsection (1) shall—
  • contain the name, trade or business and the description of the person claiming to be entitled to the copyright work, and
  • state whether or not the assignment is limited to—
    • some of the assignor’s rights, or
    • a part of the term of copyright, and

(in)   a specified country or geographical area

  • An application in terms of subsection (1) shall be accompanied by a certified copy of the instrument, if any, under which the title is claimed.
  • Where, in the case of an application made in terms of subsection (1), the applicant does not claim under any document or instrument which can prove his or her entitlement to the copyright work, he or she shall, unless the Registrar otherwise directs furnish a statement of case with his or her application, setting forth the full particulars of facts upon which his or her claim to ownership of the work is based and showing that the work has been assigned or transmitted to him or her.
  • If the Registrar so requires, the statement referred to in subsection (4) shall be verified by way of an affidavit in form CNR 2.

8. Entry in register

(1) When the Registrar is satisfied as to the title of the person claiming to be registered, he or she shall cause the person to be registered as the owner of the copyright work in respect of the relevant class and shall enter in the Register—

  • the name, trade or business address and description f the owner; and
  • particulars of the assignment or transmission; and
  • statement showing the limitation, if any, to the scope of the assignment; .and (d) the date of the publication or the date at which copyright protection begins.

(2) Where, subject to section 14, different persons become registered separately under the same official number as subsequent owners of the rights, each of the resulting separate registration shall be deemed to be a separate registration for the purpose of the Act.

  1. Notification

The Registrar shall notify in writing the assignee of the recording of the assignment in the register.

10. Substitution of an applicant

Where the Registrar is satisfied that there is good reason for substitution of an applicant in respect of a copyright work, he or she shall approve the substitution subject to such conditions as he or she thinks fit and he or she shall notify the app1icant accordingly.

11. Application for registration of a licence

(l) An application for registration of a licence in terms of section 49 of the Act shall be made in form CNR 3 and shall be accompanied by a fee prescribed in the Second Schedule.

(2) An application in terms of subsection (1) shall—

  • have the name, address and nationality of the licensee, and
  • have full particulars of instrument, if any, under which the interest is claimed, and
  • be accompanied by an affidavit made by the owner, stating the particulars of the relationship between the owner and the licensee Including particulars whether the licence is a general licence or a specific one or whether it is granted for a limited period or not, or whether the licence is exclusive or non-exclusive.

12. Notification of registration of licence

The Registrar shall notify in writing of the registration of a licence to the owner and the owner shall notify other licensees whose names appear in the register in respect of the same work.

13. Licensing of reserved works of folklore

(1) An application for the registration of a licence on reserved works of folklore shall be made in form CNR 4.

(2). An application in terms of subsection (1) shall—

  • contain the name, address and nationality of the licensee, and
  • be accompanied by an instrument under which the licence is claimed; and (c) be accompanied by any other document that the Registrar may require.

14. Collecting societies

  • An application for the registration of a collecting society other than the Copyright and Neighbouring Rights Collecting Society of Zimbabwe shall be male in form CNR 5 and be accompanied by a fee prescribed in the Second Schedule.
  • An application in terms of subsection (1) shall contain the following information— (a) name and business address of the society; and
  • information as to the legal status of the society; and
  • the class or classes of works that the society owns the copyright or whose copyright the society represents or intends to represent, the rapatoire the society represent in Zimbabwe; and
  • the memorandum and articles of association of the company, and
  • a schedule containing the names, addresses, nationalities and qualifications of each of the management committee members; and

(t) a statement of financial position of the society as pre scribed in Form CNR 6; and

  • a declaration by the management committee of the society’s ability to ensuring the enforcement of the rights of the owners of the copyright, and
  • a schedule of names and addresses of copyright owners that the society has running contracts, in the dates when those contracts expire; and (i) the constitution of the society.

15. Restoration of the society on the register

  • A society which has been removed from the Register of the collecting societies may, within a period of one year from the date of removal, apply to the Registrar in form CNR 7 for its restoration on the Register and shall pay a fee as prescribed in the Second Schedule.
  • An application in terms of subsection (1) shall be accompanied by—
  • an affidavit giving reasons for the society’s non-compliance with these regulations or the Act which resulted in its removal from the Register..
  • any other document the Registrar may require.

16. Fees

No document shall be considered to have been lodged unless the fees prescribed in the Second Schedule, as amended from time to time by the Minister, have been paid.

17. Designated countries

The following shall be designated countries—

  • any member of the Berne Convention for the Protection of Copyright Works;
  • any member of the Agreement on Trade Related Aspect of Intellectual Property (TRIPS Agreement).

FIRST SCHEDULE (Sections 3, 7, 10, 11, 13, 14)

FORMS

 

SECOND SCHEDULE (Section 16)

FEES

Title                                                                  US

$

1.Application for registration of a subsequent owner                              400

  1. Application f registration of a licence in terms of

section 49 o f the Act                                                                            400

  1. Application for registration of a licence in terms of

section 85 of the Act                                                                             400

  1. Application for registration of a Collecting Society 800
  2. Return on Financial Statement of a Collecting

Society                                                                                                     400

  1. Application for restoration of a Collection Society 800

[Schedule substituted by s.i 26 of 2009]

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