Zimbabwe

CHAPTER 26:05

COPYRIGHT AND NEIGHBOURING RIGHTS ACT

AC111I20/11). 111l1JlJ1 (s. 4). J212004.

ARRANGEMENT OF SECTIONS

PART I PRWMINARY

SC!clioll I. Short title and date of commencement. 2. Interpretation. 3. Meaning of publication. 4. Construction of references to when work was made. 5. Construction of references to owner of copyright. 6. Construction of references regarding transmission of works through cable programme services and through

broadcasting. 7. References to works to include adaptations and parts thereof. 8. Act to bind State.

PART II COPYRIGHT IN ORiGINAL WORKS

9. Nature and vesting of copyright. 10. Works eligible for copyright. I I. Copyright by virtue of author's nationality, domicile or residence. 12. Copyright by virtue ofcountry of first publication. 13. Copyright in works by State or designated international organisations. 14. Ownership ofcopyright. 15. Duration ofcopyright. 16. Protection of works that have been adapted or embodied in other works. 17. Acts restricted by copyright in literary and musical works. 18. Acts restricted by copyright in artistic works. 19. Acts restricted by copyright in audio-visual works. 20. Acts restricted by copyright in sound recordings. 21. Acts restricted by copyright in broadcasts. n. Acts restricted by copyright in programme~ng signals. B. Acts restricted by copyright in published editions.

PART III PERMITTED ACTS rN RELATION TO COPYRIGHT WORKS

24. Fair dealing for purposes of research or private study. 25. Educational use of copyright material. 26. Copies made to replace or conServe library or archival copies of works. 27. Use of anonymous or pseudonymous works. 28. Use of work for Parliamentary or judicial proceedings or inquiries. 29. Fair dealing for purposes ofcriticism, review or news reporting. 30. Publication of public speeches and articles of topical interest. 31. Quotations from copyright works. 32. Public readings and recitations. 33. Records made from sound-tracks. 34. Reconstruction ofarchitectural works. 35. Reproduction ofartistic works in public places. 36. Incidental inclusion of copyright material. 37. Ephemeral recordings. 38. Reproducing artistic work for purpose ofadvertising its sale. 39. Use of work for demonstration purposes. 40. Compiler programs: back-up copies. decompilation, etc. 41. Recording of programmes and broadcasts for purposes ofsubsequent viewing or listening.

42. Private recording of musical works and sound broadcasts. 43 . Acts done under statutory authority. 44. Prescribed dealings in copyright works.

PARTlV TRANSMISSION ANOASSIGNMEm OF COPYRIGHT AND GRANT Of LK"ENCES

45. Ways in which copyright may be transmitted. 46. Assignment of copyright. 47 . Testamentary disposition of copyright. 48. Vesting ofcopyright by operation oflaw. 49. Licences. 50. Transmission of future copyright.

PART V INFRINGEMt:NTAND REMEDIES FOR (NAtINGEM£WT

51. Infringement. 52. Owner ofcopyright entitled to remedies for infringement. 53. Rights and remedies ofexclusive licensee. 54. Forum in which remedies for infringement may be sought. 55. Damages in infringement proceedings. 56. Cases where interdict not available. 57. All/on Piller orders. 58. Additional rights of owner of copyright in respecl of infiinging copies. 59. Offences and penalties in respect of infringemen I. 60. Restriction on imponation or exportation of infrinb..jng copies.

PART V) MORAL RIGHTS

6I . Right to be identified as author or director. 62. Exceptions to right to be identified. 63. Righi not to be identified as author or director. 64. Right to object 10 derogatory ITealment of work. 65. Right to privacy in regard to cenain photographs and audio-visual works. 66. Transmission of moral rights. 67. Enforcement ofmoral rights.

PARTvn RIGHTS IN PERFORMANCES

68. Interpretation in Part VII. 69. Application of Part YJI: qualifying performances. 70. Performers' rights. 7 I. Right ofperformer 10 remuneration for commercial use of sound recording ofperfonnance. 72. Rights of holders of recording rights to performances. 73 . Exceptions to rights ofperfonners and holders ofrecording rights. 74. Tribunal's power to give consent on behalfofperformer. 75. Duration of rights of perfonners and holders of recording rights. 76. Transmission of rights of performers and holders of recording rights. 77. Enforcement of rights of performers and holders of recording rights. 78. Criminal liability for infringement of rights ofperfonners and holders ofrecording rights. 79. Rights under Part VII additional to copyright and moral rights.

PARTVlll WORKS OrFOIJ(LORE

80. Interpretation in Part VIll. 81. Reservation of rights in works of folklore. 82. Elfect of reservation. 83. Restriction on importation or exportation of copies of reserved works of folklore. 84. Freedom to do certain things in relation to reserved works of folklore.

85. Licensing of reserved works offolklore. 86. Appeal to Tribunal against decisions of Minister or appropriate local authorilY.

PART IX COI'VRIOHT O"'CE. COPYRIOIfT REGISTER, CONTROLLER ANDOrHEII OFFIC'ERS

87. Copyright Office. 8S. Copyright Register. 89. Controller, Registrar and other officers. 90. Seal of Copyright Office.

PART X COll.F:CTING S(X'IETI~ OTHER nfAN COPYRIGHT ANONf.JGHDOURING RIGHTS COllECTING SOCIETY OF ZIMBABWE

IHcadi"B amended by 5«1I0n 7 ar Atl 32 or20(4)

91. Collecting societies to be registered. 92. Application for registration of collecting society. 93. Duration of registration of collecting society. 94. Cancellation of regisIration of cOllecting society. 95. Application of provisions of Pan XI to registration of collecting societies.

PART XI COPYRIGHT AND NEIGHOOUR1NG RIGHTS COLUCTrNG SOCIETY OF ZIMBABWE

96 . Interpretation in Part XI 97. Establishment, Constitution, Functions, Powers and Funds of the Copyrighl and Neighbouring Righls

Collecting Society of Zimbabwe. 98. Regislering officer of the Society. 99. Application for membership of Society and regisIration of works of authors and performers. 100. Advertisement of accepted application. IO I. Opposition to registration. 102. Dedsion on application for registration. 103. Effective date and duralion of registmtioll 104. Power of regislering officer to allow amendments 10 applications and documents. lOS . Proceedings before registering officer. 106. Duly of regislering officer 10 give opportunity to make represenlations. 107. Power of registering officer 10 rectify Register. 108. Power ofTribunal to rectify Register. 109. Certified copies of entries in Register. 110. Right of registering officer to appear in proceedings regarding Register. II OA Penalty for false entries and false statements IIOB Appoinlmenl orJnspeclors

PART XII PoWERS Of RWISTRAR IN RI::GARDTO LICENCtl SCHEMES ANDLtCENCES

III. Reference oflicence scheme to Registrar. 112. Application to Registrar regarding grant or refusal of licence or terms thereof. 113. Reference 10 Registrar of expiring licence. 114. Faclors to be taken into account by Registrar in making orders. 115. Effect ofRegislrar's orders. I 16. Application of provisions of Part XI to proceedings regarding licence schemes and licences.

PART XIII AI'1'>ALS TO TllIBUlIALAGAINST DECISIONS Of REGISTRAR OR REOISTERINGOFFlrER

117. Right ofappeal 10 Tribunal against decisions of Registrar or Registering Officer. 118. Noting ofappeal. 119. Powers of Tribunal on appeal.

PART XIV

EVIDENCE AND PRESUMPiIONS

]20. Proof of certain facls by affidavit in infringement proceedings. 121 . Presumptions in infringement proceedings: literary, musical and artistic works. 122. Presumption in infringement proceedings: works subject to exclusive licence. ]23 . Presumptions in infringement proceedings: registered works. 124. Evidence and presumptions in infringement proceedings: audio-visual works, sound recordings and

computer programs. 125. Presumption regarding registered collecting society. 126. Entries in Register to be prima facie proofof their contents. 127. Proofof entries in Register .nd of things done by Registrar.

PART XV GENERAl.

128. No copyright under common law. 129. Devices designed to circumvent copy-protection. 130. Remov.l ofright..management infomlation. 131 . Fraudulent reception of transmissions. 132. Application of Act to works made .nd conlracts concluded before commencement ofAct. 133. Act not to affect certain other rights. ]34. Collecting societies to deposit certain agreemenls with Registrar. 135. Regulations. ]36. Repeal ofCap. 26:01 and savings.

AN ACT to provide for copyright and neighbouring rights and to provide for matters connected with or incidental to the foregoing,

[Dale of commencement: 10th September, 2004.)

PART!

PREUMrNARY

1 Short title and dale of commencement This Act may be cited as the Copyright and Neighbouring Rights Act [Chapter 26:05).

2 Interpretation In this Act- Uadaptadon'\ in relation to-­

(a) a literary work, includes any of the following­ (i) a translation of the work;

(ii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitabl e for reproduction in a book or in a newspaper, magazine or similar periodical;

(iii) in the case of a dramatic work, a ven;ion of the work, whether in its original language or in a different language, in which it is converted inlo a nonodramatic work;

(iv) in the case of a non -dramatic work, a ven;ion of the work, whether in its original language or in a different language, in which it is converted inlo a dramatic work;

(v) in the case of a compuler program- A. • version of the program in a programming language, code or nolation different from

thai oflhe original program; B. a fixation of the program in or on a medium differenl from Ihe medium of fixation of

the original program; unless the difference is occasioned incidentally in the coun;e of running the program;

(b) a musical work, includes an arrangemenl or transcription of the work; (c) an artistic work, includes a lransform.tion of the work in such a manner that the work' s original

or subslantial features remain recognisable; (d) a sound recording, includes a fixation of lhe recording in or on a medium ditTerent from the

medium of fixation of the original recording; "architectural work" means a building or a model of or for a building;

"anistic work" means­ (a) a graphic work, photograph, sculpture or collage, irrespective of its artistic quality; or (b) an architectural work; or (e) a work ofartistic cralismanship which is not described in paragraph (a) or (b);

"audio-visual work" means a recording or fixalion on any medium from which a moving image, logether wilh any sounds associaled wilh the image, may be produced by any means, but does not include a compUler program or a broadcast;

"aulhor", in relation to a work, means the individual who first makes or creates the work; "broadcast" means the communication of a work or performance to the public by means of 8

radiocommunicalion service, including its transmission by satellite, and "broadcaster" and "broadcasling" shall be construed accordingly;

"building" includes a fixed slructure and any part ofa building or fixed structure; "business" includes a trade or profession; "cable programme service" means a service which consislS wholly or mainly in sending infon"alion by

means of a telecommunication service, other than a radiocomrnunication service, for reception 81 two or more places, whelher simultaneously or at differenl times, but does not include­

(a) a service run Cor the purposes ofa business where­ (i) no pe~on excepl the person carrying on the business is concerned in the co ntrol of Ihe

apparatus comprised in the system; and (ii) Ihe information is conveyed by the syslem solely Cor purposes internal to the running of

the business and not by way of rendering a service or providing an amenity for others; and

(iii) Ule system is nOI connecled to any olher telecommunication system; or

(b) • service run by a single individual, where­ (il all the apparatus comprised in the system is under his control; and

(ii) the information conveyed by tbe system is conveyed solely for his domeslic purposes; and (iii) the syslem is not connected 10 any olher telecommunication system;

or (e) a service where­

(i) all the apparatus comprised in the system is siluated in, or connects, premises which are in single occupation; and

(ii) Ihe syslem is not connected to any other telecommunication syslem; and (iii) the service is nOI operated as part of the amenilies provided for residents or inmales of

premises run as a business; or

(d) such other service as may be prescribed; "collecling society" means a society or organisation which has any or aUllle following main objects­

(a) acting for owners of copyright in the management of their rights in terms of this Act; (b) the representation of own~ of copyrighl in the negotialion and administration of licence

schemes; (e) the negotiation or granting of licences, either as owner or prospective owner of COpyrighl or as

agent Cor the owner or prospective owner; bUI does not include a society or organisation whose object is the management of the rights of only one such owner, the representation of only one such owner or Ihe granting of licences covering Ihe works of only one such owner;

"Colleclive work" means. work created or made by two or more individuals al the instance and under the direction of another person, whether an individual or a body corporate, on the unde~landing Ihat Ihe work will be published by Ihat other pe~on under his name and that the identity of the authors ""ill nol be indicaled;

"computer program" means. sel of instruclions which is fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operalion to perform a lask or bring about a result;

"Conlroller" means the Controller of Copyright referred to in paragraph (a) of subsection (I) of seclion eighty-nine;

U copy", in relation 10-­ (a) a literary or musical work, includes. copy in the form ofa record or an audio-visual work; (b) an artislic work, includes a version produced by converting the work into a Ihree-dimensional

form or, ifit is already in three dimensions, by converting it into a two-dimensional form;

(e) an audio-visual work or a broadcast, includes a still photograph made from the audio-visual work or broadcast;

(d) an architectural work, does not include anything that is not a building or a model of or for a building;

(e) any work, includes­ (i) a copy held in electronic form; and

(ii) a copy made from a copy of the work; "copyright" has the meaning given to it in section nine; "designated country", in relation to any provision of this Act, means a country that has been designated for

the purposes of that provision in regnlations made in terms ofsection one hundred and thirty-five; "distribution", in relation to a programme-canying signal, means any operation by which such a signal is

transmitted to the public or any section or the public; "dramatic work" includes a work of dance or mime if reduced to the material form in which the work or

entertainment is to be presented, but does not include an audio-visual work; "drawing" includes any drawing ofa technical nature and any diagram, map, chart or plan; "economic right", in relation to a work in which copyright subsists, means a right referred to in section

seventeen, eighteen I nineteen, twenty, twenty-one, hventy~two or twenty-three, as the case may be; "educational institution" means a school, technical college, university college, university or similar

institulion; "electronic form" means a form usable only if actuated by electric, magnetic, electro-magnetic, electro­

chemical or electro-mechanical energy; "exclusive licence" means­

(a) a licence referred to in paragraph (a) ofsubsection (2) ofsectionJor(y-nine; or (b) a SUb-licence conferring on the sub-licensee the same exclusive rights as the holder of a licence

referred to in paragraph (a); and "exclusive licensee" shall be construed accordingly;

"fixation", in relation to sounds, means the embodiment of the sounds or representations of the sounds in such a way that they can be heard, reproduced or communicated through a machine or device;

"fixed date", in relation to any provision of this Act, means the date fixed in terms of subsection (2) of section one as the date ofcommencement of that provision;

Ugraphic work" includes­ (a) a painting, drawing, diagram, map, chart or plan; and (b) an engraving, etching, printed circuit, lithograph, woodcut or similar work;

uindividual", when used as a noun, means B. nah1ral person; "information" includes words, signs, symbols, images and sounds; "infringing copy", in relation to a work, means a copy the making of which constituted an infringement of

copyright in the work or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in Zimbabwe:

Provided that, where a work has been reproduced for a pUl]>Ose that is permitted under this Act but the resultant copy is subsequently used or dealt with for a different purpose without any authority required under this Act, that copy shall thereupon be regarded as an infringing copy;

"judicial proceedings" means proceedings before any court, tribunal or person having authority to decide any matter affecting a person's legal rights and liabilities;

"licence" means-­ (a) an exclusive licence or a non~c1usive licence; or (b) a compulsory licence granted in terms of regulations made under section one hundred and tiJir(y­

jive; and "licensee" shall be construed accordingly;

4&1icence scheme" means a scheme setting out­ (a) the classes of case in which a collecting society, or a person on whose behalf a collecting society

acts, is willing to grant licences; and (b) the charges, if any, and the terms and conditions subject to which licences will be granted in

those classes ofcase; and includes anything in the nature of such a scheme, whether described as a scheme or as a (ariiT or by any olher name;

"literary work" means any work which is written, spoken or sung, irrespective of its literary quality or (he mode or form in which it is expressed, and includes­

(a) dramatic works, stage directions, film scenarios and broadcasting scripts; and

(b) leiters, reports and memoranda; and (e) lectures, speeches and sermons; and (d) computer programs; and (el tables and compilations;

but does not include musical works; "Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the

President may, from time to Lime, assign the administration of this Act; "moral rights" means the rights conferred by sections sixtyo()ne, sLyty-three, Sixn( �four and sixty-five; "musical work" means a work consisting of music, but does not include any words or action intended to be

sung, spoken or performed with the music; "non-exclusive licence" means­

(a) a licence referred to in paragraph (b) of subsection (2) of sectionforty-nine; or (bl a sub-licence conferring on the sub-licensee the same exclusive rights as the holder of a licence

referred to in paragraph (a); and "non~c1usive licensee" shall be construed accordingly;

"owner", in relalion 10 any copyright, means tbe person in whom the copyright is vested and. subject 10 section five, includes an assignee in relation to the rights held by him under the assignment;

"performance", subject to section sixty-eight, includes­ (a) any mode of visual or acoustic presentation of a work, including any such presentation by­

(i) the operation of a radiocommunication service; or (ii) the exhibition of an audio-visual work; or

(iii) the use of a loudspeaker or record; and

(b) in relation to a lecture, speech, address or sermon, delivery thereof; "photograph" means a recording of light or other radiation on any medium on which an image is produced or

from which an image may by any means be produced, and which is not part ofan audio-visual work; "programme" includes any item of information included in a programme that is broadcast or transmitted by a

cable programme service or embodied in a programme-<:anying signal; "prograrnme-<:anying signal" means a signal which embodies a programme and which passes through a

satellite; "public computer network" means a group of interlinked computers to wbich the poblic or a section of the

public have access, whether on payment of a fee or otherwise, and includes the computer network commonly known as the Internet;

"public lending" meanS the lending of a copy of a work for a limited period to a member of the public by a public library or archive or other such non-profit-making institution;

"publication" has the meaning assigned to it in section three; "published edition" means a published edition of the Whole or any part of one or more literary or musical

works; "radiocommunication service" means the transmission, emission or reception of infonnation of any

description whatsoever wholly or partly by means of electromagnetic waves of frequencies between ten kilohertz and three million megahertz propagated in space wilhout artificial guide;

"record" means any disc, tape, perforated roll or other device in or on which informalion is or can be embodied so as to be capable, with or without the aid of some other instrument, of being automatically reproduced;

"Register" means-­ (a) the Copyright Register kept in terms of subsection (I) of section eighty"'ight; or (h) the appropriate register or the appropriale part of the Copyright Register kept in accordance with

subsection (2) ofsection eighly..,ight; as the case may be

"registered" means registered in tbe Register; "Registrar" means­

(a) the Controller; or (b) • registrar ofcopyright referred to in paragrapb (b) of subsection (I) of section eigiJl)'-lIine; or (e) an examiner or other officer referred to in paragrapb (e) of subsection (I) of section eighty-lline,

in relation to any function that has been assigned to him in terms of subsection (4) of that section;

"reproduce" means to make a copy of a work in any manner or form, and includes storing Ihe work pennanenllyor temporarily in electronic form;

3

"reprographic copying" means a process--­ (a) for making facsimile copies; or (b) involving tlle use of an apparatus for making multiple copies;

and includes, in relation to a work held in electronic form, any reproducing by electronic means, but does not include the making of an audio-visual work or a sound recording;

"satellite" means any device in eXlraterrestrial space capable oftransmitling signals; "sculpture" includes a casl or model made for purposes ofsculpture; "signal" means an electronically generated carrier capable of transmitting progrnmmes; "Society" means the Copyright and Neighbouring Rights Collecling Society of Zimbabwe established in

terms of section ninel»-se\'ell: (Derinitlon inserted by sc:c:tion 2 or ACI32 or20041

"sound recording" means any fixation of sounds on a record, but does not include a sound-track associaled with an audio-visual work;

"sound-track associated with an audio-visual work" means any recording of sounds which is incorporated in any print, negative, tape or other article on which the audio-visual work or part of it, in so far as it consisls of visual images, is recorded, or which is issued by the author oflh. audio-visual work for use in conjunction with such an article;

"sumcient acknowledgement" means an acknowledgement identifying the work in question by its title or other description, and identifying the author unless--­

(a) the work is anonymous; or (b) the author has previously agreed or required that no acknowledgement of his name should be

made; or (e) it is not possible to ascertain the identity of the author by reasonable inquiry;

"Tribunal" means the Intellectual Property Tribunal established by seclion 3 of the Intellectual Propeny Tribunal Act [Chap/er 26:06);

"work" means any literary, musical, artistic or audio-visual work, sound recording, broadcast. programme~ carrying signal or published edition;

"work ofjoint authorship" means a work produced by the collaboration of two or more authors in "'hich the contribution ofeach author is not separable from the contribution of the other author or authors, but does not include a collective work;

"writing" includes any form of notation or code, whether by hand or otherwise, and regardless of the method by which, or medium in or on which, it is recorded.

Meaning of publication (I) Subject to this Act, a work shall be regarded as published­ (a) if copies of the work are issued to the public; or (b) if the work is made available to the public­

(i) by means ofan electronic retrieval system; or (ii) through a public computer network; or

(iii) by a public library or archive or other such non-profit-making insritution for the purposes of public lending.

(2) In Ihe case of an architectural work in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication ofthe work.

(3) Without derogation from subsection (I), in the case of an audio-visual work or a sound recording or a copy thereof, selling or offering to sell the work, or letting it on hire or offering to let it on hire, shall be treated as equivalent to publication of the work.

(4) The following shall not constitute publication for the purposes of this Act­ (a) in the case of a literary or musical work­

(i) the performance of the work; or (ii) the broadcasting of the work; or

(iii) the inclusion of the work in a cable programme service, otherwise than for the purpose of an electronic retrieval system;

(b) in the case ofan artistic work­ (il the exhibition of the work; or (ii) the issuing to the public of drawings or phologrnphs of an architectural work, a sculpture or a

work of artistic craftsmanship; or (iii) the issuing to the public ofcopies of an audio-visual work inclUding Ihe artistic work; or (iv) the broadcasting of the artistic work; or

(v) lhe inclusion oflhe artistic work in a cable programme service, olherwise lhan for the purpose of an eleclronic retrieval system;

(e) in the case of an audio-visual work or a sound recording­ (i) the playing or showing of the work in pUblic; or (ii) the inclusion of the work in a cable programme service, otherwise than for the purpose of an

electronic retrieval system; (d) in the case of any work, the distribution, sale, letting on hire or loan of copies which have previously

been put into circulation in Zimbabwe or a designated country.

(5) Except in so far as it may constitute an infringement of copyright, a publication which is merely colourable and not intended to satisfy the reasonable requirements of the public shan be disregarded.

(6) For the purposes of this section, no account shall be taken ofany unauthorised act. 4 Construction of references to when work was made

(I) A work, other than a broadcast or a programme-carrying signal, shall be deemed for the purposes of this Act to hove been made when it was first reduced to writing, recorded or reduced to material fonn.

(2) A broadcast shall be deemed to have been made when it was first broadcast. (3) A programme-<:arrying signal shall be deemed to have been made when it was first lnInSmilled to a

satellite.

5 Construction of r.ferences to owner of copyright (I) Where different persons are entitled to different aspects of copyright in a work, whether as a result of.

partial assignment or otherwise, the owner of the copyright shan be deemed to be the person who is entitled to the aspect of copyright relevant for that purpose.

(2) Where copyright, or any aspect of copyright, is awned by two or more persons jointly, references in this Act to the owner of the copyright shall be construed as references to an the owners. 6 Construction of references regarding transmission of works through cable programme

services and through broadcasting (I) Where a work is transmitted to subscribers to a cable programme service­ (II) the person operating the service, that is to say, the person who in the agreements with the subscribers to

the service undertakes to provide tbem with the service, sball be deemed \0 be the person causing the work to be so transmitted, whether or not he transmits the programmes;

(b) no person, other than the person referred to in paragraph (0), shall be deemed to be causing the work to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programme.

(2) Where a work that is broadcast or included in a cable programme service is performed by the operation of any-­

(II) radio, television or other receiving apparatus; or (b) loudspeaker or other apparatus for reproducing information by the use ofa record;

which is provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier shall, for the purposes of this Act, be deemed to be the person giving the performance, whether or not he is the person operating Ihe apparatus.

(3) Any reference in this Act to the reception of a broadcast shall be construed as including its receplion directly from the broadcasler's transmission or from a re-transmission made by any person from any place, whelher in Zimbabwe or elsewhere.

(4) In subsection (3}­ "re-transmission" means any re-transmission, whether over paths provided by a material subslance or nOI,

including any re-transmission made by making use of any record on which the broadcast in question has been recorded.

7 References to works to include adaptations and parts thereof Unless the context otherwise requires, a reference in this Act 10 doing anything in relation to a work or a copy

of a work shall be deemed to include a reference to doing that thing in relsHon to­ (a) an adaptalion of Ihe work; or (b) 8 subslantial part of the work or copy, as the case may be:

Provided that this section shall not apply for the purposes ofdelermining­ (a) whether or nota work has been published; or (b) where and when a published waIt was first published.

8 Act to bind State This Act shall bind the SIBte.

9

PART II

COPYRJGH1 IN ORIGINAL WORKS

Nature and vesting of copyright (I) Copyright is a real right which subsists in a work by virtue of this Act and which entitl~ its owner

exclusively to do in Zimbabwe and to authorise others to do in Zimbabwe the things which this Act designates in relation 10 thaI work.

(2) Copyright subsists in a work if il is eligible for copyright in terms of section tell and if any or all of Ihe following requirements are met­

(a) the author oflhe work is a qualified person by virtue of section elel'en; (b) the work qualifies for copyrighl protection in terms of section twelve by virtue of the country in which it

was published or made; (c) the work was made under the direction or conlrol of the State or a designated international organisation

as provided in section tllirteen. 10 Works eligible for copyright

(I) Subject to this Act, the following works, if they are original, shall be eligible for copyright­ (a) literary works; (b) musical works; (c) artistic works; (el) audio-visual works; (e) sound recordings; (j) broadcasts;

(g) programme-<:arrying signals; (h) published editions.

(2) A work, other than a broadcast or programme-carrying signal, shall nOI be eligible for copyright unless it has been reduced to writing, recorded or redu ced to material form.

(3) A broadcasl or a programme-<:arrying Signal shall not be eligible for copyright until ­ (a) in the case ofa broadcast, it has been broadcast; (h) in the case ofa prograrnme..:arrying signal, it has been transmitted by a satellite.

(4) A work shall not be ineligible for copyright solely because the making of the work, or the doing of any acl in relation to the work, involved an infringemenl of copyright in some other work.

(5) The following mailers and things shall not be eligible for eopyright­ (a) ideas, procedures, systems, methods of operation, concepts, principles, discoveries, facts or figures, even

if they arc explained, illustrated or embodied in a work; (b) news oflhe day thaI are mere items of press infornlation; (e) speeches of a polilical nature; (el) speeches delivered in the course oflegal proceedings:

Provided that the author of any speeches referred to in paragraph (e) or (d) shall have the exclusive right to make a collection of them.

(6) The following public documentsshall nol be eligible for copyright­ (a) official texts ofeoaclments; (b) official teXIS of Bills prepared forpresentalion in Parliamenl; (c) official records ofjudicial proceedings and decisions; (el) nOlices, advertisements and other material published in the Gazelle; (e) applications, specifications and other mailers published ill the Patent and Trade Marks Journal referred

to in section 9S ofth. Palents Act [Chapter 26:03]; (j) official texts of internalional convenlions, treaties and agreements to which Zimbabwe is a party; (g) entries in, and documenls thaI form part of, any regisler which is kept in terms of an enactment and is

open to public inspection; (h) such other documents of a public nature as may be prescribed: Provided thaI this subsection shall not be taken to limit the provisions of any other law which may prohibit or

restrict the reproducing, publishing or altering of any such public document. 11 Copyright by virtue of author's nationality, domicile or residence

(I) A work thai is eligible in terms of section ten shall qualify for copyright protection if, at the material time as defined in subsection (2), the work's author or, in the case of a work ofjoint author.;hip, anyone of its authors, was­

(a) a citizen of Zimbabwe or a designated country; or (h) domiciled or ordinarily resident in Zimbabwe or a designated country; or

(c) in the case of a body corporate, incorporated under the law ofZimbabwe or a designated country. (2) The material time, in relation to­ (a) an unpublished literary, musical or artistic work. is when the work or a substantial part of the work was

first made; (h) a published literary, musical or artistic work, is when the work was first published or, if the author died

before that time, immediately before his death; (c) an audio-visual work. a sound recording or a broadcast, is when it was first made; (ei) a cable programme, is when the programme was included in the cable programme service; (e) a published edition, is when the edition was first published.

(3) The author of­ (a) an architectural work that is erected in Zimbabwe; or (b) any other artistic work that is incorporated in a building in Zimbabwe;

shall be deemed, for the purposes of this section, to have been ordinarily resident in Zimbabwe when the work was made, no matter where he may .ctually have resided.

12 Copyright by virtue of country of first publication (1) A work that is eligible in terms of section len shall qualify for copyright protection if il is first published

in Zimbabwe or in a designated country. (2) Without derogation from subsection (l} ­ (a) a computer program, audio-visual work or broadcast that is eligible in tenns of section lell shall qualify

for copyright protection if it is made in Zimbabwe or a designated country; (b) a programme-<:anying signal that is eligible in tenns of section ten shall qualify for copyright protection

ifit is emitted to a satellite from a place in Zimbabwe or a designated counlly. (3) For the purposes of subsection (I), a publication ofa work shall not be treated as being other thall the first

publication solely because of an earlier publication elsewhere if the two publications took place within thirty days ofeach other. 13 Copyright in works by State or designated international organisations

A work that is eligible in terms of section len shall qualilY for copyright protection if it is made by or under the direction of the State or an international organisation designated in regulations made in terms of section olle hund/'ed a lid thirl)~{ive. 14 Ownership of copyright

(I) Subject to this section and section five, the ownership of any copyright shall vest in the author of the work concerned or, in the case ofa work ofjoint authorship, in the co..authors of the work.

(2) Subject to this section and sectionfivc, the ownership ofany copyright in a collective work shall vest in the person at whose instance and under whose direction the work was created or made.

(3) Where a literary or artistic work is made-­ (a) by an author in the course of his employment by the proprietor of a newspaper, magazine or similar

periodical under a contrncl ofservice or apprenticeship; and (b) for the purpose of publication in a newspaper, magazine or similar periodic.l;

the proprietor shall be the owner of lhe copyright in the work in so far as the copyright relates to publishing the work in any newspoper, magazine or similar periodical or to reproducing the work for the purpose of its being so published. but in all other respects the author shan be the owner of the copyright.

(4) Where a person commissions­ (a) the taking ofa photograph; or (b) the painting or drawing of a portrait; or (e) the making of a gravure; or (ei) the making of an audio-visual work; or (e) the making of a sound recording;

and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of the commission, that person shall, subject to subsection (2), be the owner of any copyright subsisting in the work.

(5) Where in a case not falling within subsection (3) or (4), a work is made in the course of the author'S employment by another person under a contract of employment or apprenticeship, that other person shall be the owner of any copyright subsisting in the work.

(6) Ownership of any copyright conferred by section tlli.1een shall initially vest in the State or the intemational organisation concerned, and not in the author:

Provided Ihat any such State copyright shall for administrative purposes be deemed to vest in such public officer or employee of the State as the President may designate by statutory instrument.

(7) Subsections (2), (3), (4), (5) and (6) shall have effect, in any particular case, subject to any agreement excluding the operation of those subsections. 15 Duration of copyright

(I) Subject to this section, the duration of copyright shall be, in the case of­ (a) an audi()ovisual work, a collective work, a photograph or a computer program, fifty years from the end

of the year in which the work is made available to the public with the consent of the owner of the copyright or, failing such an event within fifly years from the making of the work, fifly years from lhe end of the year in which the work is made;

(b) a sound recording, fifly years from the end of the year in which the recording is first published; (e) a broadcast, fifly years from the end of the year in which the broadcast first takes place; (tl) a progrBmm.,.carrying signal, fifty years from the end of the year in which the signal is first emitted to a

satellile; (e) a published edilion, fifty years from the end oflhe year in which the edition is firsl published; If) any olher literary, musical or artistic work, the life of the author and fifty years from the end of the year

in which the author dies. (2) The copyright conferred on the State or an international organisalion by section thirteen shall subsist ­ (0) in the case of an audi(}ovisual work, a photograph, a computer program, a sound recording, a broadcast,

a programme-<:arrying signal or a published edition, for Ihe period specified in respect of such work in subsection (I);

(b) in the case ofany other literary, musical or anistic work, for fifty years from the end of the year in which the work was first published.

(3) The copyright in an anonymous or pseudonymous Iilerary work, other than a work referred to in subsection (2), shall subsist for fifty years from the end of the year in which the work is made available to tlle public with the consent of Ihe owner of the copyright or from the end of tbe year in which it is reasonable to presume that the author died, whichever period is the shoner:

Provided that, in the event of the identity of Ihe author becoming known before the expiry of that period, the term of the copyright shall be calculated in accordance with subsection (I).

(4) In the case of a work ofjoint authorship, Ihe references in paragraph (f) of subsection (I) and subsection (3) to the death of an author shall be taken to refer to the author who dies last, whether or not he is • qualified person in terms of subsection (1) of section ei,,·.n. 16 Protection of works that have been adapted or embodied in other works

(I) Subject to any agreement to the contrary, the copyright in an adaptation of a work shall be without prejudice to any copyright in the original work.

(2) The copyright in any work shall be without prejUdice to the protection under Part VIII of any work of folklore embodied or utilised in the work. 17 Acts restricted by copyright in literary and musical works

Subject to this Act, copyright in a literary or musical work shall vest in the owner the exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe-­

(0) reproducing the work; (b) publishing Ihe work; (e) importing the work into Zimbabwe or exporting it from Zimbabwe, otherwise than for the personal and

private use of the person importing or exporting it; (tl) performing the work in public; (e) broadcasting the work; I.f) causing the work to be transmitted in a cable programme service, unless the service transmits a lawful

broadcast, including the work, and is operated by the original broadcaster; (g) except in the case ofa computer program, making an adaptation of the work; (/r) in the case ofa computer program­

(i) publishing an adaptation of the program; (ii) by way of business, directly or indirectly selling or letting for hire a copy of the program or

offering or exposing a copy of the program for sale or hire.

18 Acts restricted by copyright in artistic works Subject to this Act, copyright in an artistic work shall vest in the owner the exclusive right to do or 10

authorise the doing of any of the following acts in Zimbabwe­ (a) reproducing the work; (b) publishing the work; (c) importing the work into Zimbabwe or exporting it from Zimbabwe, otherwise than for the personal and

private use of the person importing or exporting it;

(d) including Ibe work in an audi<>-visual work or a broadcast; (e) causing a programme which includes Ibe work to be transmitted in a cable programme service, unless

the service transmits a lawful broadcast, including Ibe work, and is operated by the original broadcaster; (f) making on adaptation of the work.

19 Acts restricted by copyright in aUdio-visual works

Subject to this Act, copyright in an audio-visual work shall vest in the owner the exclusive right to do or to authorise thc doing of any of the following acts in Zirnbabwe­

(a) reproducing the work, including making a still photograph from it; (b) causing the work, in so far as it consists of images, to be seen in public or, in so far as it consists of

sounds, to be heard in public; (e) imporling the work into Zimbabwe or exporting it from Zimbabwe, otherwise tban for the personal and

private use of the person importing or exporting it; (d) broadcasting the work; (e) making the work available on a public computer network; (f) causing the work to be transmitted in a cable programme service, unless the service transmits a lawful

television broadcast, including the work, and is operated by the original broadcaster; (g) directly or indirectly selling or letting for hire or offering or exposing for sale or hire, by way of

business, a copy of the work; (II) making an adaptation ortbe work.

20 Acts restricted by copyright in sound recordings SUbject to this Act, copyright in a sound recording shall vest in the Owner the exclusive right to do or to

authorise the doing ofany of the following acts in Zimbabwe­ (a) making, directly or indirectly, a record embodying the sound recording; (h) directly or indirectly selling or letting for hire or offering or exposing for sale or hire, by way of

business, a copy of the sound recording; (e) importing the sound recording into Zimbabwe or exporting it from Zimbabwe, otherwise than for the

personal and private use of the person importing or exporting it; (d) making the sound recording available on a public computer network; (e) causing the sound recording to be transmitted in a cable programme service, unless the service transmits

a lawful broadcast, including the sound recording, and is operated by the original broadcaster; (f) making an adaptation of the sound recording.

21 Acts restricted by copyright in broadcasts Subject to this Act, copyright in a broadcast shall vest in the owner the exclusive right to do or to authorise

the doing of any of the following acts in Zimbabwe-­ (a) reproducing the broadcast directly or indirectly, including, in the case of a television broadcast, making

a still photograph from it; (b) re·broadcasting the broadcast; (c) making the broadcast awilable on a public computer network; (d) causing the broadcast to be transmitted in a cable programme service, unless the service is operated by

the original broadcaster. 22 Acts restricted by copyright in programme-carrying signals

Subject to this Act, copyright in a programme..,arrying signal shall vest in the owner the exclusive right to undertake or to authorise the direct Or indirecl distribution ofthe signal in Zimbabwe or from Zimbabwe.

23 Acts restricted by copyright in published editions Subject to this Act, copyright in a published edition shall vesl in the owner the exclusive right to do or to

authorise the doing ofany of the following acts in Zimbabwe­ (a) reproducing the published edition; (b) imporling the published edition inlo Zimbabwe or exporling it from Zimbabwe, otherwise than for the

personal and private use of the person importing or exporting it; (e) making the published edition available on a public computer nelwork.

PART III PERMllTEO ACTS IN RELATION TO COPYRIGHl WORKS

24 Fair dealing for purposes of research or private study (l) The copyright in a work shall not be infringed by any fair dealing for the purposes of research or private

study by the person using the work.

(2) Reproducing a work shall nol conslitule fair dealing for Ihe purposes of subsection (I) if the person who reproduces it knows or has reBSon to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time.

25 Educational use of copyright matarial (\) Subject to this section, the copyright in a work shall not be infringed by the use of the work by way of

illustration in any publication, broadcast or record for leaching if ­ (a) the use is compatible with fair practice; and (b) the extent of the use is justified by the purpose; and (e) sufficienl acknowledgement is given.

(2) The copyright in a work shall not be infringed by anything done for the purposes of an examination by way ofsetting questions, communicating the questions to the candidates or answering the questions:

Provided that this subsection shall not extend to making a copy of the score of a musical work for use by an examination candidate in perfonning the work.

(3) The inclusion ofa short passage from a published literary work in a collection which­ (a) is intended for use in educational eslablishments and is so described in its title and in any advertisement

issued by or on behalf of the publisher; and (b) consists mainly ofmaterial in which no copyright subsists;

shall not infringe the copyright in the work if the work itself is not intended for use in such establishmems and its inclusion is accompanied by a sufficient acknowledgement:

Provided that not more than two such excerpts from copyright works by the same author shall be included in such collections published by the same publisber in any period of five yean;.

(4) The perfonnance of a dramatic or musical work before an audience consisting of teachers and pupils at an educational establisbment and other persons directly connected with the establishment's activities sball not be regarded as a public perfonnance for the purposes of infringement of copyright if the perfonnance is given­

(a) by a teacher or pupil in the course of the establishment's activities; or (b) at the establishment by any person for the purposes of instruction:

Provided tbat a person shall not be regarded as directly connected with the establishment's activities for the purposes of this subsection simply because he is a parent of a pupil.

(S) The playing or showing of an audio-visual work, a sound recording, a broadcast or a cable programme before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the establishment's activilies shall not be regarded as a public perfonnance of the work for Ihe purposes of infringement ofcopyrigbt if the work is played or shown for the purposes of instruction:

Provided that a person shan not be regarded as directly connected with the establisbment's activities for the purposes of this subsection simply because he is a parent of a pupil.

(6) Copyright in a literary or musical work shall not be infringed by an educational establisbment which, by reprographic copying, makes copies of passages from the work for the purposes of instruction:

Provided that­ (i) the extent ofsuch copying shall not exceed such limits as may be prescribed; and

(ii) no such copying shan be authorised by this subsection if, or to the extent that, a licence or a licence scheme is available authorising the copying in question and the person making the copies knew or ought to have been aware of that fact.

(7) No act shan be regarded as pennitted by this section ifit conflicts with a nonnal exploitation oflhe work concerned or prejudices unreasonably the legitimate interests of the owner ofcopyrighl in the work.

26 Copies made to replace or conserve library or archival copies of works (I) The copyright in a work in the pennanent collection of a library or archive shall not be infringed by a

librarian or archivist who makes a copy of the work­ (a) in order to preserve or replace the work by placing the copy in the permanent collection in addition to or

in place of it; or (b) in order to replace in the pennanent collection of another library or archive an item which has been lost.

destroyed or damaged:

Provided that this subsection shall not apply-­ (a) where il is reasonably practicable to purchase a copy oflhe work in queslion rather than reproducing it;

or (b) in such other circumstances as may be prescribed.

(2) The copyright in an unpublished work in the pennanent collection of a library or archive shaJl not be infringed by a librarian or archivist who makes and supplies a copy of the work, if ­

(a) the copy is supplied to a person who satisfies the librarian or archivist that he requires it for purposes of research or private study and will not use it for any other purpose; and

(b) no person is supplied with more than one copy of the work; and (e) the owner of the copyright in the work has not expressly prohibited copying of the work.

27 Use of anonymous or pseudonymous works The copyright in a work shall not be infringed by the doing of anything al a time when, or pursuanl 10

arrangements made at a lime wher>­ (a) it is nol possible by reasonable inquiry 10 ascertain Ihe identily of Ihe author or, in the case of a work of

joint authorship, any of the authors; and (b) it is reasonable to assume-­

(i) that the copyrighl has expired; or (ii) that the author died fifty years or more before the beginning of the calendar year in which the act

is done or arrangements are made, as the case may be. 28 Use of work for Parliamentary or judicial proceedings or inquiries

(1) The copyright in a work shall not be infringed by reproducing or using the work for the purposes of­ (a) any Parliamentary or judicial proceedings or for the purposes of reporting any such proceedings; or (b) any inquiry conducted in lerms of any enactment, or for the purposes of reporting the proceedings of any

such inquiry.

(2) The issuing to the public of the report of any inquiry referred to in paragraph (b) of subsection (1) shall not infringe Ihe copyright of any work thaI is reproduced in the report. 29 Fair dealing for purposes of criticism, review or news reporting

(l) The copyrighl in 3 work shall not be infringed by any fair dealing­ (a) for the purposes of criticism or review of that work or of another work or of the performance of a work;

or (b) subject to subsection (2), for the purposes of reporting currenI events: Provided Ihat­

(i) sufficient acknowledgement of the work shall be given, excepl where the work is used for the reporting of currenl events by means of an audio-visual work, a sound record ing, a broadcast or a programme­ carrying signal;

(ii) the use ofa photograph for the purposes ofreporting current evenls shan nol conslitule fair dealing. (2) Paragraph (b) of subsection (I) shall not apply so as to authorise the publication of any part of an audi<>­

visual work, a record or a programme-carrying signal representing a sporting event. 30 Publication of public speeches and articles of topical interest

(I) The copyright in a lecture, address, speech or olher similar work which is delivered in public shall not be infringed by the work being reproduced in the press or in a broadcast or cable programme, if the reproduction is for the purpose of information:

Provided Ihal the aUlhor of any such lectures, addresses, speeches or other works shall have the exclusive right of making a collection of them.

(2) The copyright in an article published in a newspaper or periodicai, or in a broadcast, on any currenl economic, political or religious topic shall not be infringed by the work being reproduced in the press or in a broadcast or cable programme, if the right of such reproduction has not been expressly reserved and sufficienl acknowledgement is given.

(3) No act shall be regarded as permitted by this section if it conflicts with a normal exploitation of Ihe work concerned or prejudices unreasonably Ihe legitimate interests of the owner of the copyrighl in Ihe work. 31 Quotations from copyright works

The copyright in a literary or musical work shan not be infringed by any quotation from the work, including any quotation from an article in a joumalthat summarises the work, if ­

(a) the quotation is compalible with fair praclice; and (b) the extent oflhe quotation does not exceed the extent justified by the purpose; and (e) sufficient acknowledgement is given.

32 Public readings and recitations The copyrighl in a published lilerary work shan not be infringed by­ (a) the reading or recilation in public by one person of a reasonable extract from the work, if it is

accompanied by a sufficient acknowledgement; or (b) the broadcasting or inclusion in a cable programme service of a reading or recitation referred to in

paragraph (a), if the broadcast or programme, as Ihe case may be, consists mainly of material in relalion to which it is not necessarY 10 rely on this seclion.

33 Records made from sound-tracks

Where sounds embodied in a sound-lrack associaled with an audio-visual work are also embodied in a record other than that sound-track, the copyright in the audio-visual work shall not be infringed by the use of that record. 34 Reconstruction of architectural works

The copyright in an architectural work or in the relevant architectural drawings shall not be infringed by the reconstruction of that work on the same site and in the same slyle as the original. 35 Reproduction of artistic works In public places

The copyright in an artistic work which is permanently situated in a street, square or other public place or in premises open to the public shall not be infringed by­

(a) the work being included in a graphic work, a photograph, an audio-visual work, a broadcast or a cable programme;

(b) the making ofcopies of the work, where the copies are greatly reduced in scale. 36 Incidental Inclusion of copyright material

(I) The copyright in a work shall nOI be infringed by its incidental inclusion in an artistic work, a sound recording, an audio-visual work, a broadcast or a cable programme, or by the publication, playing, perfonn.nce or other use ofsuch a sound recording, audio-visual work. broadcast or cable programme.

(2) If a musical work or words spoken or sung to music are deliberalely included in another work. Ihey shall nol be regarded for the purposes ofsubseclion (I) as having been included incidentally. 37 Ephemeral recordings

The copyright in a literary or musical work shall nol be infringed by a broadcaster reproducing the work using his own facilities. where the resultant copy­

(a) is intended exclusively for broadcasting with Ihe consenl of the owner of the copyright in the work; and (b) is destroyed within six months immediately following the making of Ihe copy, or within such longer

period as may be agreed with the owner of the copyright in ,he work: Provided that, if any such copy is of an exceptional documentary nature, it may be preserved in the

broadcaster's archives but, subject to this Act, may not be used for broadcasting or any olher purpose without the consent of the owner of the copyright.

38 Reproducing artistic work for purpose of advertising its sale The copyright in an artistic work shall not be infringed by copies which are made and issued to the public for

the purpose ofadvertising Ihe sale of the work:

Provided that if such a copy is subsequently sold, let for hire, exhibited in public, distributed or otherwise dealt wi th for any olher purpose it shall be treated as an infringing copy for the purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes. 39 Use of work for demonstration purposes

The copyright in a literary or musical work shall not be infringed by the use of the work in a bona fide demonstration of a radio or television receiver or computer or any type of recording equipment or playback equipment to a client by a dealer in such equipment.

40 Computer programs: back.... p copies, decompilatlon, etc, (I) Subject to this section, a person who is in lawful possession of a computer program, or a copy of such a

program, may do any of the following things without infringing copyright in the program­ (a) make copies of the program to the extent reasonably necessary­

(i) for back-up purposes; or (ii) to correct errors in it; or

(iii) for the purposes of decompilation in terms ofparagraph (b); or (iv) for the purpose oftesting the program to determine its suitability for the person's use; or (v) for any other purpose that is nOl prohibited under any licence or agreement whereby the person

is permitted to use the program; (b) decompile the program, that is to say, convert the program into a version expressed in a different

programming language, code or notation, for the purpose of obtaining information needed to enable the program to operate with other programs;

(e) let Ihe program on hire together wilh a computer or other device, where the program itself is not the essential object of the lease.

(2) Any copy made in terms of paragraph (a) ofsubsecrion (I) shall ­ (a) be used only for the purpose for which it was made; and (b) be destroyed when the person's possession of the computer program in question, or of the copy of the

program, ceases to be lawful.

41 Recording of programmes and broadcasts for purposes of subsequent viewing or listening (1) The copyright in­ (u) a broadcast or cable programme; or (h) any work conlained in a broadcasl or cable programme;

shall nol be infringed by the broadcast or programme being recorded for the soie pUrpQse of enabling il to be viewed or iistened 10 ala more coovenient time.

(2) Any recording made in terms of subsection (I) shall be used only for the pUrpQse for which it was made and, in particular, shall not­

(a) be distribuled, whether by way of business or otherwise, to any person outside the family of the person who made it; or

(b) be performed in public. 42 Private recording of musical works and sound broadcasts

(I) Subjecl to this section, Ihe copyright in­ (a) a sound recording or a musical work embodied in a sound recording; or (b) a sound broadcasl or any work embodied in such a broadcast;

shall not be infringed by Ihe sound recording, musical work or broadcast being recorded by a person for the privale use of himself and members of his family.

(2) Any recording made in terms of subseclion (I) shall be used only for Ihe purpose for which it was made and, in particular, shall nOI­

(a) be distributed, whether by way of business or otherwise, to any person outside the family of the person who made iL; or

(b) be performed in public. 43 Acts done under statutory authority

The copyrighl in a work shan nol be infringed by Ihe doing of anything thai is specifically authorised by any enaclment. 44 Prescribed dealings in copyright works

In addilion to any other reproducing permilled in terms of this Act, the reproduclion of a work shall be permitted in such manner and circumstances as may be prescribed:

Provided that­ (i) regulations made under section one hundred and thirry-five shall not permit any such reproduction to be

in conflict with a normal exploitation of Ihe work or unreasonably 10 prejudice the legitimate inleresls of the owner of the copyright;

(ii) in making any regulations referred to in proviso (i), the Minister shall have regard to the obligations of Zimbabwe under any international convenlion, treaty or agreement.

PARTlY TRANSMlSStON AND ASSIGNMGNT OF (bpVIUGKl'AND ORANT Of LK'f.N(·ES

45 Ways In which copyright may be transmitted Subject to Ihis Acl, copyrighl may be transmilled as incorpQreal movable property by assignment,

teslamentary disposition or operAlion of law. 46 Assignment of copyright

(1) Subject to this section, an owner of copyright in a work may assign his economic rights in the work to any other person.

(2) All assignment in Lenns of subsection (J) may be limited so as to apply­ (a) to some only of the assignor's economic rights; or (b) to a part only of Ihe term of the copyright; or (e) to a specified counlry or other geographical area;

and may be absolule or subject to conditions.

(3) No assignment in lerms of subseclion (I) shall have effeci unless il is in writing and signed by or on behalf of the assignor.

(4) An assignmenl in lerms of subseclion (1) shall nol be construed as extending 10 any rights Ihal are not expressly referred to in the assignment.

(5) An assignment in terms of subsection (J) may be registered in lerms ofPart Xl. 47 Testamentary disposition of copyright

(I) A leslamentary disposition of Ihe economic righls vesled in an owner of copyright may be limited so as to apply­

(a) to some only of the testator's economic rights; or (b) to a pari only of the term of the copyright; or (e) to a specified country or other geographical area;

and may be absolute or subject to conditions.

(2) Where under a testamentary disposition a ~on becomes entitled to an original document or other material thing recording or embodying a work which was not published before the testator's death, the disposition shall be construed, in the absence of a stipulation to the contrary, as including any copyright in the work which was vested in the deceased at the time orhis death. 48 Vesting of copyright by operation of law

Without derogation from the expression "operation of law" in section forty-five, upon the liquidation, insolvency or death or an owner of any copyright, the copyright shall vest in the owner's liquidator or the trustee or executor of the owner's estate, as the case may be. 49 Licences

(I) Subject to this section, an owner of copyright in a work may by licence authorise another person to exercise any of his economic rights in the work.

(2) A licence referred to in subsection (I) may he­ (el) an exclusive licence, that is to say a licence authorising the licensee to the exclusion ofall other persons,

including the person granting the licence, to exercise the economic right that is the subject of the licence; or

(b) a non-exclusive licence, that is to say, a licence that does not preclude the ~on granting the licence from granting a similar licence to some other person.

(3) An exclusive licence shall not have effect unless it is in writing and signed by or on behalf of the person gronting the licence.

(4) An assignment in terms of subsection (I) shall not be construed as extending to any rights that are not expressly referred to in the assignment.

(5) A non-exclusive licence may be written or oral or inferred from conduct and, unless otherwise provided in the licence or in any contract by which the licence was granted, may be revoked at any time.

(6) A licence, whether exclusive or non-exclusive, may be registered in terms ofPart Xl. (7) A licence granted by the owner of the copyrigbt to wbich the licence relates shall be binding upon the

owner's successors in title, except a purchaser in good faith and without notice, actual or constructive, of the licence or a person deriving title from such a purchaser, and any reference in this Act to the doing of anything with or without the licence of the owner of the copyright shall be construed accordingly.

(8) Where the doing of anything is authorised by a licensee or a person deriving title from the licensee, and it is within the terms, including any implied terms, of the licence for him to authorise it, it shall be deemed, for the purposes of this Act, to be authorised by the person who granted the licence.

(9) Unless otherwise provided in tbe licence concerned or in any contract by which the licence was granted, a licensee may grant a sub-licence authorising another person 10 do anything which the licensee is permilled to do by the licence, and this section shall apply, mutatis muulIJdis, in respect of any such sub-licence as if it were a licence. 50 Transmission of future copyright

(I) An assignment, testamentary disposition or licence may be made or granted in respect of the copyright in a future work, or the copyright in an existing work in which copyright does not subsist but will come into being in the future, and the future copyright in any such work shall be transmissible as incorporeal movable property.

(2) If, when any future copyright referred to in subsection (I) comes into existence, the person wbo if he were living would be entitled to the copyright is dead, tbe copyrigbt shall devolve as if it had subsisted immediately before his death and he had then been the owner of the copyright.

(3) The provisions of this Act relating to the transmission of copyright shall apply, mutatis mutandis, to the transmission of future copyright referred to in subsection (I).

PARTY

INfRINGEMENT AND REMEDIES FOR INFRINGEMENT

51 Infringement (I) Copyright is infringed by any person who is not the owner of the copyright and who, without the owner's

authority, does or causes any other person to do an act in Zimbabwe whicb the owner has the exclusive right to do or to authorise.

(2) Without derogation from subsection (I), the copyright in a work is infringed by my person who, without the autbority of the owner of the copyright, does any of the following things in Zimbabwe-­

(a) in relation to an article which is an infringing copy and which the person knows or bas reason to believe is an infringing copy­

(i) makes it; or Oi) otberwise than for his personal and private use, imports it into Zimbabwe or exports it from

Zimbabwe; or (iii) in the course of business, possesses it or exhibits it in public or distributes it; or (iv) sells it or lets it for hire or offers or exposes it for sale or bire; or (v) otberwise than in the course of business, distributes it to sucb an extent Ibat Ibe owner of the

copyright is prejudicially affected; (b) in relation to an article which is specifically designed or adapted for making copies of the work and

which the person knows or has reason to believe is likely to be used for that putpOse­ (i) makes it; or (ii) imports it into Zimbabwe or exports it from Zimbabwe; or (iii) possesses it in the course of business; or (iv) sells it or lets it for hire or offen; or exposes it for sale or bire.

(3) Without derogation from subsection (I), tbe copyright in a work is infringed by a person wbo, witbout the autbority of the owner of tbe copyright, transmits tbe work by meaDS of a public computer network or telecommunication service, otherwise than by broadcasting or inclusion in a coble programme service, if tbe person knows or has reason to believe thac infringing copies of the work are likely to be made by means of the reception of tbe transmission, whether in Zimbabwe or elsewbere.

(4) The copyright in a literary or musical work is infringed by any person wbo pennits a plaee of public entertainment to be used for a perfonnance of tbe worl< in public, where the performance constitutes an infringement of the copyright in the worl<:

Provided that tbis subsection shall not apply where tbat person was not aware and bad no reasonable grounds for suspecting that the performance would be an infringement of the copyrigbt.

(5) Where Ibe copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, through an apparntus for­

(a) playing sound recordings; or (b) showing audio-visual works; or (c) receiving visual images or sounds or other infonnation conveyed by electronic means;

the following persons shall be liable for the infringement, in addition to the person directly responsible for controlling and using the apparatus­

(i) a person who supplied tbe apparntus or any substantial part of it, ifwben he supplied it be knew or had reason to believe that the apparatus was likely to be used so as to infringe copyright; and

(ii) an occupier of premises wbo gave pennission for the apparatus to be broUght on to the premises if, when be gave pennission, he knew or bad reason to believe that the apparatus was likely to be used so as to infringe copyright; and

(iii) a person who supplied a copy of the sound recording or audio-visual work if, when he supplied it, he knew or had reason to believe that wbat be supplied, or a copy made directly or indirectly from it, was likely to be used so as to infringe copyright.

52 Owner of copyright entitled to remedies for Infringement (l) Subject to this Act, an infringement of copyright shall be actionable at tbe suit of the owner of the

copyrigbt. (2) Subject to this Act, in any proceedings for an infringement of copyright there shall be available to tbe

plaintiff all such remedies by way of damages, interdict, attachment, tbe rendering of account, the delivery of infringing copies or articles used or intended to be used for making infringing copies or otherwise, as are available in respect oftbe infringement of any other proprietary rigbt. 53 Rights and remedies of exclusive licensee

(l) An exclusive licensee sball have the same rights of action and be entitled to the same remedies as if the licenee were an assignment, and tbose rigbts and remedies shall be concurrent with the rights and remedies ofthe owner of the copyrigbt under wbich the licence was granted.

(2) If an exclusive licensee intends 10 exercise the option contemplaled in subsection (J) of section fifty-jive, he shall give written notice of his intention to Ibe owner of the copyrigbt concerned. 54 Forum in which remedies for infringement may be sought

Subject to any regulations referred to in paragraph (fJ of subsection (2) of section one hundred and IlJirty-jil'e, proceedings in respect of an infringement of copyright may be instituted­

(u) in the Tribunal; or (b) in the High Court; or (el subject to the jurisdictional limits provided for in the Magistrates Court Act [Chapter 7:10J. in a

magistrates court: Provided that the Tribunal shall not have jurisdiction to entertain criminal proceedings.

55 Damages In infringement proceedings (I) Damages for infringement of copyright may, at the option of the person seeking them, be calculated on

the basis of the amount of. reasonable royalty which would have been payable under the circumstances by a licensee in respect of the copyright concerned:

Provided that, if the person seeking damages intends to exercise this option, he shall give notice of his intention, in writing, to any exclusive licensee of the copyright concerned.

(2) In detennining the amount of damages referred to in subsection (I), the Tribunal or court shall take the following factors into account, in addition to all other material considerations­

(a) the extent and nature of the infringement; and (b) the market value of the work concerned; and (e) the amount which could be payable to the owner in respect of the exercise of copyright by some other

person.

(3) Where in proceedings for infringement of copyright it is established that an infringement was committed and the Tribunal or court, having regard to­

(a) the flagrancy of the infringement; and (b) the market value of the work concerned; and (e) any benefit shown to have accrued to the person responsible for the infringement as a result of it; and (d) the need to deter persons from committing further infringements;

is satisfied that effective relief would not otherwise be available to the plaintiff or applicant, the Tribunal or court shall have power to award such additional damages as it thinks fit.

(4) Where in proceedings for infringement of copyright it is established that an infiingement was committed but that at the time of the infringement the person responsible for it was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the proceedings relate, the plaintiff or applicant shall not be entilled under this seclion to any damages against thai person in respect of the infringement 56 Cases where interdict not available

In proceedings for infringement of copyright in respect of tbe construction of a building, no interdict or otber order shall be made­

ra) aOer the construction of the building has been begun so as to prevent it from being completed; or (b) so as to require the building, in so far as it has been constructed, to be demolished.

57 Anton Piller orders (I) If a person who has instituted or intends instituting proceedings for infringement of copyright satisfies the

Tribunal or a court that, primafacie­ (a) h. has a cause ofaction against another person which he intends to pursue; and (b) the other person has in his possession documents, infringing copies or other things of whatsoever nature

which constitute evidence of great importance in substantiation of that cause ofaction; and (el there is a real and well-founded apprehension that the documents, infringing copies or olher things may

be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way; the Tribunal or court, as the case may be, may make such order as it considers necessary or appropriate to secure the preservation of the documents, copies or things as evidence.

(2) An order in terms of subseclion (1) may be granted without notice to the person who is allegedly in possession of the documents, infringing copies or other things to wbich the order relates, and the Tribunal or court may sil in camera for the purpose of hearing an application for such an order:

Provided Ihat the Tribunal or Court shall not grant an order withoul such notice unless it is satisfied that tllere is a real possibility that the documents, copies or things will be hidden, destroyed or rendered inaccessible if notice is given.

(3) An order in terms of subsection (I) may be granted on such conditions, including the giving of security by the applicant, as the Tribunal or court may fix.

(4) This section shan not be taken to limit any power a court may have under its ordinary jurisdiction to grant orders such as are referred to in this section.

58 Additional rights of owner of copyright In respect of Infringing copies Without derogation from section .rifty-two, the owner of the copyright in any work shall be entitled 10 an the

rights and remedies in regard to the possession and use of­

(a) every infringing copy of the work; and (h) any article which is specifically designed or adapted for making copies of the work and which is being

or has been used to make infringing copies thereof; th.t he would be entitled to ifhe were the owner of the infringing copy or article. 59 Offences and penalties in respect of infringement

(I) A person shall be guilty of an olTence if, at a time when copyright subsists in a work, he does any of the following things in Zimbabwe without the authority of the owner of the copyright in the work­

(n) in relation to an article which is an infringing copy and which the person knows or has reason to believe is an infringing copy­

(i) he makes it; or (ii) otherwise than for his personal and private use, he imports it into Zimbabwe or exports it from

Zimbabwe; or (iii) in the course of business, he possesses it or exhibits it in public or distributes it; or (iv) he sells it or lets it for hire or offers or exposes it [or sale or hire; or (v) otherwise than in the course of business, he distributes it to such an extent that the owner of the

copyright is prejudicially affected; (h) in relalion to an article which is specifically designed or adapted for making copies of the work and

which the person knows or has reason to believe is to be used for that purpose­ (i) he makes it; or (ii) he imports it into Zimbabwe or exports it from Zimbabwe; or

(iii) he possesses it in the course of business; or (iv) he sells it or lets it for hire or offers or exposes it for sale or hire.

(2) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence.

(3) Any person who causes a broadcast to be re-broadcast or transmitted in a cable programme service, knowing that copyright subsists in the broadcast and that the re-broadcast or transmission constitutes an infringement of the copyright, shall be guilty of an offence.

(4) Any person who causes a programme-<:arrying signal to be distributed without the authority of the owner of the copyright in the signal, knowing that copyright subsists in the signal and that the re-broadcast constitutes an infringement of the copyright, shall be guilty ofan offence.

(5) A person guilty of an offence under this seclion shall be liable to a fine not exceeding level ten or to imprisonment for a period not e"ceeding two years or to both such fine and such imprisonment in respect of each article to which the offence relates.

(Subsection amended bySC'Ctlon 04 or Act 22 or:200J)

60 Restriction on importatIon or exportation of infringing copies (1) If the owner of the copyright in any work, by wrillen notice to Ibe Director of Customs and Excise-­ (al infonns the Director that he is the owner of the copyright in the work; and (b) satisfies the Director that there are reasonable grounds for suspecting that copies of the work which­

(il are infringing copies; or (ii) would be infringing copies if they had been made in Zimbabwe;

have been or may be imported into or exported from Zimbabwe; and (e) requests the Director to treat the copies referred to in paragraph (b) as prohibited goods; and (d) describes the copies concerned with sufficient particularity to make them readily identifiable;

the Director shall forthwith comply with the request and ensure that no sucb copy is imported into or exported from Zimbabwe, and that any such copy that has been imported but not yet entered is not released to the importer:

Provided that the Director need not comply with such a request until the owner of the copyright furnishes him with security in such form and for such amount as the Director may require to secure the fulfilment ofany liability and the payment of any expense which he may incur as a result of the detention of any copy of the work to which the request relates or as a result of anything done in relation to a copy so detained.

(2) Where a request has been made under subsection (I) and has not been withdrawn, the importation into or exportation from Zimbabwe of any copy of the work to which the request relates shall be prohibited for a period often working days from the date on which the Director ofCustoms and Excise complies with tbe request:

Provided that­ (i) if within that period the owner of the copyright concerned has instituted proceedings for an order in

terms of subsection (3), or proceedings for any other order leading to a decision on the merits of the maller, the imponation or exportation of the copics concerned shan continue to be prohibited until the determination of those proceedings or until the court or tribunal concerned orders otherwise;

(ij) this subsection shall not apply to the importation or exportation ofa single copy of the work by a person for his personal and private use.

(3) If the owner of the copyright in any work satisfies the Tribunal or a court that­ (a) he is the owner of the copyright in the work; and (b) there are reasonable grounds for believing that infringing copies of the work or copies of the work

which, if they had been made in Zimbabwe, would be infringing copies are being or may be imported into or exported from Zimbabwe;

the Tribunal or COUrt may issue an order directing the Director of Customs and Excise 10 prevent the importalion or exportation, as the case may be, of every such copy of Ihe work.

(4) An order under subseclion (3)­ (a) shall d..cribe the copies of the work concerned with sufficient particularity to make them readily

identifiable; and (b) may be granted subject 10 conditions, including the giving ofsecurity by the applicant and the inspection

of the copies concerned. (5) For so long as an order in terms of subsection (3) is in force, Ihe Director of Cusloms and Excise shall

trealthe copies to which the order relates as if ­ (a) they were prohibited from importation in terms of section 47 of the Customs and Excise Act

[Chapter 23:02]; or (b) their exportation was prohibited for the purpose of section 61 of the Customs and Excise Act

[Chapter 23:02]; as the case may be.

(6) The Director of Cusloms and Excise shall take all necessary steps to inform an importer or exporter or intended importer or exporter of goods whose importation or exportalion is prohibited by virtue of this section of the reasons for the prohibition.

(7) While any goods are detained pursuant to • request or an order under this section­ (a) the person at whose instance the request or order was made; and (b) the importer ofthe goods;

shall be given an adequate opportunity to inspect the goods in order to determine whether or not they are infringing copies.

(7) Notwithstanding anything in the Customs and Excise Act [Chapter 23:02]. a person shan not be liable to any penally under that Act, other than forfeiture of the goods, as a result of their importation or exportation being prohibited by virtue of this section.

PART V)

MORAI.RIGHTS

61 Right to be identified as author or director (1) Subject to this Part, the author of a lilerary work, other than a work consisting of words intended to be

sung or spoken with music, has the righlto be identified as the work's author for so long as copyright subsists in it. whenever­

(a) the work is published commercially. performed in pUblic. broadcast or included in a cable programme service; or

(b) copies of an audio-visual work or a sound recording including Ihe literary work are issued to Ihe public. (2) Subject to this Part, the aUlhor at: ­ (a) a musical work; or (h) a literary work consisting of words intended to be sung or spoken with music;

has the right to be identified as the work's author for so long as copyright subsists in it, whenever­ (i) the work is published commercially; or

(ii) copies of a sound recording of the work are issued 10 the public; or (iii) an auditrvisual work of which the sound-track includes the musical or literary work is shown in public

or copies ofsuch an audio-visual work are issued to the public. (3) Subject to this Part, the author of an artistic work has the right to be identified as the author of the work

for so long as copyright subsists in it, whenever­ (al the work is published commercially or exhibited in public, or a visual image of it is broadcast or

included in a cable programme service; or (b) an auditrvisual work including a visual image of Ihe artistic work is shown in public or copies of such

an audio-visual work are issued to the public; or (e) in the case of­

(i) an architectural work in the fonn of a building; or (ii) a sculpture; or

(iii) a work of artistic crallsmanship; copies of a graphic work representing it, or copies ofa photograph of it, are issued to the public.

(4) Subject to this Part, the author of an architectural work in the form of a building has the right, in addition to the rights conferred on him by subsection (3) and for so long as copyright subsists in the work, to be identified on the building as constructed or, where more than one building is constructed to the same design, on the first to be constructed.

(5) Subject to this Part, the director of an audio-visual work has the right, for so long as copyright subsists in it. to be identified whenever the work is shown in public, broadcast or included in a cable programme service. or whenever copies of the work are issued to the pUblic.

(6) The right of identification conferred by this section shall be­ (a) in the case of commercial publication or the issue to the public of copies of an audio-visual work or a

sound recording, the right to be identified in or on each copy of the work or recording or, if that is not appropriate, in some other manner likely to bring the identity of the author or director to the notice ofa person acquiring a copy; or

(b) in the caSe of identification on a building, the right to be identified by appropriate means visible to persons entering or approaching the building; or

(e) in any other case, the right to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance. exhibition, showing, broadcast or cable programme in question;

and the identification in each case shall be clear and reasonably prominent.

(7) Any reasonable form of identification may be used for the purposes of this section unless the author or ,I director specifies a pseudonym, initials or some other particular form of identification, in which event that form I shan be used.

I 62 Exceptions to right to be identifiedThe right of identification conferred by section sixty-cne shall not apply in relation to-­ I (a) any of the following descriptions of work­(i) a computer program; or

(ii) the design ofa typeface; or (iii) any computer-generated work; or (iv) a work made for the purpose ofreporting current events; or (v) a work in which copyright originally vested in the State or in an international organisation.

unless the author or director has previously been identified as such in or on published copies of the work;

or (b) anything done by or with the authority of the owner of the copyright, where copyright in the work

originally vested in the author'S employer; or (e) anything done which would not amount to an infringement of the copyright in the work by virtue of

subsection (2) of section twenty-five or section twenty-seven, twenty-elght, twelll)~nine, tiJirty-six./orly­ one,forty-two or forty-three; or

(d) publication i~ (i) a newspaper, magazine or similar periodical; or (ii) an encyclopaedia, dictionary, yearbook or other collective work of reference;

of a literary, dramatic or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication; or

(e) anything to which the author or director concerned has consented or in regard to which he has waived his right.

63 Right not to be identified as author or director (I) The author of a literary or artistic work has the right. for so long as copyright subsists in the work, not to

be identified as its author­ (a) on any copies of the work that are issued to the public; Or (b) in the case ofa building, by any means visible to persons entering or approaching the building.

(2) The director of an audio-visual work has the right, for so long as copyright subsists in the work. not to be identified whenever the work is shown in public, broadcast or included in a cable programme service, or whenever copies of the work are issued to the pUblic. 64 Right to object to derogatory treatment of work

(I) In this section­

"derogatory treatmenf', in relation to a work, means any alteration, modification or adaptation of a work which amounts to distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of its author or director.

(2) Subject to this Part, the author of a lilerary, musical or artistic work, and the director of an audio-visual work, has Ihe right, for so long as copyright subsists in the work, not to have a derogalory treatment of his work published commercially, perfonned or shown in public, broadcast or included in a cable programme service.

(3) The right conferred by subsection (2) shall not apply in relation to­ (a) an architectural work in lhe form of a building:

Provided that, where the author of such a work is identified on the building and it is subjected to derogatory Ireatment, he shall have the righl to have the identification removed; or

(b) an audi<rvisual work, a computer program or any computer-generated work, where the alteration, modification or adaptation of the work is necessary on lechnical grounds or for the purpose of its commercial exploitation; or

(e) anything done which would not amount to an infringement of the copyright in the work by virtue of section twenty-seven; or

(el) publication in­ (i) a newspaper, magazine or similar periodical; or (ii) an encyclopaedia, dictionary, yearbook or other collective work of reference;

of a literary, dramatic or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes ofsuch publication; or

(e) anything to which the author or director concerned has consented or in regard to which he has waived his right; or

(j) anything done for the purpose of avoiding the commission of an offence or complying with a duty imposed by or under an enactment:

Provided thaI, where such a thing is done, a clear and reasonably prominent indication shall be given that the work has been subjected to treatmenl to which the author or director has not consented.

65 Right to privacy in regard to certain photographs and audio-visual works (I) Subject to this Part, a person who for private and domestic purposes commissions the taking of a

photograph or the making of an audio -visual work has the right, for so long as copyright subsists in lhe work, not tohave­

(a) copies of the work issued to the public; or (b) the work exhibited or shown in public; or (e) the work broadcast or included in a cable programme service.

(2) The right conferred by subsection (1 ) shall not apply in relation to­ (a) anything done which would not amount to an infringement of the copyright in the work by virtue of

section twenty-seven, twenty-eight, tlJil'ly-six,jol'/y·<me,!or/y-two or!orly-three; or (b) anything to which the person concerned has consented or in regard to which he has waived his right.

66 Transmission of moral rights Moral rights shall not be transmissible during the lifetime of the person in whom they vest in terms of section

six/y-<me, sixn( �hree, sixly-four or sixl}.five, as the case may be, but they may be transmitted by testalDentary disposition or by operation of law on that person's death. 67 Enforcement of moral rights

Moral rights may be enforced under this Act in all respects as if the persons in whom they vest were owners of copyright and infringements of the rights were infringements of that copyright.

PART VII RIGHTS IN PERFORMANCr:S

68 Interpretation in Part VII (I) In this Part ­ "exclusive recording contract" means a contract between a performer and another person under which that

person is entitled, to the exclusion ofall other persons, including the performer, to make a recording of a performance given by the perfonner;

"holder of recording rights" means a person who is entitled, under an exclusive recording contract, to make a recording of a performance given by a performer;

"illicit recording", in relation to a qualifYing perfonnance, means a recording of the performance which was made witboutthe consent required by this Part;

"pcrfonnance" means-­ (a) lhe perfonnance of a dramatic or musical work; or

(b) the reading or recitation of a literary work; or (e) the performance of a variety act or any shnilar presentation; or (d) the performance of a work of follclore as defined in section eighty;

to the extent that it is a live performance given by one or more individuals, and "performer" shan be construed accordingly;

"qualifying performance" means a performance to which this Part applies in terms ofsection sixty-llille; "recording", in relalion to a performance, means an aodio-visual work or a sound recording­

(a) mnde direclly from the live performance; or (b) made from a broadcast of, or cable proglllmme including, the performance; or (e) made direclly or indirectly from another recording of the performance;

and "record" shall be construed accordingly.

(2) Any reference in this Part to the consent of a performer shan be construed, in relalion to a performance by n group of performers, to consent given by­

(a) the member of the group who is generally regarded as the group's leader, or (b) any person to whom the group has given, expressly or impliedly, authority to give such consent.

(3) Any reference in this Part to the doing of anything in relation to a performance includes the doing of that thing in relation to a substanlial part of the performance.

69 Application of Part VII: qualifying performances This Part shall apply tc>­ (a) any performance which is given in Zimbabwe or in a designated country; and (b) any performance which is given elsewhere than in Zimbabwe or a designated country, if ­

(i) it is given by a perfonner who at the time was- A. a citizen ofZimbabwe or a designated country; or B. domiciled or ordinarily resident in Zimbabwe or a designated country;

or (ii) it is the subject of an exclusive recording contract under which the holder of recording rights

is- A. a citizen ofZimbabwe or a designated country; or B. domiciled or ordinarily resident in Zimbabwe or a designated country; or C. a body corporate incorporated under the law ofZimbabwe or a designated country.

70 Performers' rights (1) Subject to this Part, a performer has the right to prevent the unauthorised exploitation of any qualifying

performance given by him. (2) A performer's right in terms of subsection (1) is infringed by a person who, without the perfomler's

consenL­ (a) makes a recording ofa qualifying performance; or (b) broadcasts a qualifying performance live or includes it live in a cable programme service; or (e) by means of an illicit recording, broadcasts a qualifying performance or includes it in a cable

proglllmme service; or (d) imports an illicit recording of a qualifying perfonnance into Zimbabwe or exports it from Zimbabwe,

otherwise than for his personal and private use; or (e) in the course of a business, sells or lets for hire, oITers or exposes for sale or distributes an iIlicil

recording of. qualifying performance. (3) In any proceedings for an infringement of a performer'S right in terms of subseclion (1), it shall be a

defence for the person responsible for the alleged infringement to show­ (a) in relation to an infringement specified in paragraph (a) or (b) of subsection (2), that he believed on

reasonable grounds that the performer had consented to the recording or broadcasl being made or to the perfonnance being included in the cable programme service, as the case may be;

(b) in relation to an infringement specified in paragraph (e), (d) or (e) of subsection (2), that he did not know and had no reason to believe Ihat the recording concerned was an illicil recording.

71 Right of performer to remuneration for commercial use of sound recording of performance (1) Subjecl to this section, where a sound recording of a performance is used for commercial purposes. Ihe

performer concerned or, if there are two or more such pcrfonners, those performers jointly shall be entitled to half the royalty payable in respecl of Ihat use to the owner orany copyright in the sound recording.

(2) The owner of copyright in the sound recording concerned shall be responsible for paying the perfonner or performers the amount payable to them in terms of subsection (I).

(3) This section shall nol apply to any perfonner who­ (a) has waived his rights under this section; or

(b) is entitled to a royalty in respect of the use of the sound recording concerned. (4) For the purposes of this section, a sound recording shall be regarded as used for commercial purposes if it

is­ (a) published; or (b) broadcast or included in 8 cable programme service; or (e) played in public;

in the course of business or for the commercial or financial advantage, direct or indirect, of the person by or on whose behalf the recording is so published, broadcast, included or played.

72 Rights of holders of recording rights to performances (1) Subject to this Part, a holder of recording rights under an exclusive recording contract has the right to

prevent the illicit recording ofa qualifying performance or the exploitation of any such recording. (2) The right conferred by subsection (1) on a holder of recording rights is infringed by any person who,

without his consent­ (a) makes a recording of a qualifying performance; or (b) broadcasts a qualifying performance live or includes it live in a cable programme service; or (e) by means of an illicit recording, broadcasts a qualifying performance or includes it in a cable

programme service; or (d) imports an illicit recording of a qualifying performance into Zimbabwe or exports it from Zimbabwe,

otherwise than for his private and domestic use; or (e) in the course of a business, sells or lets for hire, offers or exposes for sale, or distributes an illicit

recording ofa qualifying performance. (3) In any proceedings for infringement of the ri ghl conferred by subsection (1) on a holder of recording

rights, it shall be a defence for Ihe person responsible for the alleged infringement to show­ (a) in relation to an infringement specified in paragraph (a) or (b) of subsection (2), that he believed on

reasonable grounds that­ (i) the holder of recording rights had consented to the recording or broadcast being made or to the

performance being included in the cable programme service, as the case may be; or (ii) the performer concerned had consented to the recording or broadcast being made or to the

performance being included in the cable programme service, as the case may be, and that the performer was enritled to give such consent;

(b) in relation to an infringement specified in paragraph (e), (d) or (e) of subsection (2), that he did not know and had no reason to believe that the recording concerned was an illicit recording.

73 Ellceptions to rights of performers and holders of recording rights (I) The rights of a perfonner or a holder of recording rights under this Part shall not be infringed by­ (a) anything done in relation to a performance whicb would not be an infringemcot of a copyright work by

virtue of subsections (I), (2) and (4) of section ""en~fil" or section Iwenly-si.• , twe/lly-eiglrl, /lI'enry /line, Ihi,.ty,llrirly-si'Jorty·<;neJorty-two,for~tlr,.ee orfoYl»-four; or

(b) such other acls as may be prescribed: Provided Ihal, when prescribing any such acls, the Minister sbaJl bave regard to Zimbabwe's

obligations under any international convention, treaty or agreement. (2) A performance of a work of folklore to which Part VIIl applies may be recorded for the purpose of

including it in an archive whicb is not maintained for commercial purposes, and such a recording shall not be regarded as infringing the performer's rigbt under section sf!\'enty. 74 Tribunal's power to give consent on behalf of performer

(I) Notwithstanding any olher provision ofthi. Part, the Tribunal may, on the application of a person who wishes to make a recording from a previous recording of. qualifying performance, give consent on behalf of a perfonner where­

(a) the identity or wbereabouts oflhe performer cannot be ascertained by reasonable inquiry; or (b) the performer unreasonably withholds his consent. (2) In deciding wbether or not to give consent in terms of subsection (I), the Tribunal shall take into account

whemer or not­ (a) the previous recording of the performance was made with the performer's consent and is lawfully in the

possession of the person.who proposes 10 make the further recording; (b) the making or the further recording is consistent with lhe purposes for whicb, or the arrangements under

which, the previous recording was made. (3) The Tribunal shall not give consent in the circumstances referred to in paragraph (b) of subsection (1)

unless it is satisfied tbat the performer's reasons for withholding his consent do not include the protection of any legitimate interest of his:

Provided Ihal, if the performer does not disclose his reasons for withholding his consenl, the Tribunal may draw such inferences as il thinks lit.

(4) Consenl given by the Tribunal in lerms of subsection (I) may be on such terms and conditions, including conditions relaling 10 the payment 10 be made 10 Ihe performer concerned, as the Tribunallhinks fil to impose.

(5) Consel1l given by the Tribunal in lerms of subseclion ( I) shall be deemed. for iIle purposes of this Part. to have been given by the perfonner concerned. 75 Duration of rights of performers and holders of recording rights

(I) Subject to subsection (2), the righlS conferred by this Part on performers and holders of recording rights shall continue to subsist in relation to a performance until the end of lifty years from the end of the calendar year in which Ihe performance took place.

(2) A perfonner's right to payment under section seventy-olle shall subsisl for so long as copyright subsiSis in the sound recording concerned. 76 Transmission of rights of performers and holders of recording rights

(I) The right conferred on a performer by section seve/lty shall be personal to the performer: Provided that he may dispose of it by will and, upon his death, it shall devolve in the same way as any

proprielary right. (2) The right conferred on a holder of recording rights by section seventy-two may be transmitted in the same

weyas any copyright in terms of Part IV. 77 Enforcement of rights of performers and holders of recording rIghts

The righls conferred by Ihis Part may be enforced under this Act in all respects as if the persons in whom they are vesled were owners of copyrighl and infringements of the rigblS were infringements oflhal copyright. 78 Criminal liability for infringement of rights of performers and holders of recording rights

(I) Any person who­ (a) makes an illicit recording ofa performance; or (b) imports an illicit recording of a performance inlo Zimbabwe or exports it from Zimbabwe, olherwise

Ihan for his personal and private use; or (b) in the course of business. possesses an illicit recording of a performance or ""hibits it in public or

distributes it; or (e) sells an illicit recording ofa performance or lets it for hire or offers or exposes it for sale or hire;

knowing or having reasonable grounds for believing that it is an illicit recording, shall be guilty of an offence and liable to • fine not exceeding level ten or 10 imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(2) Any person who causes an illicit recording to be performed in public, knowing or having reasonable grounds for believing thaI iL is an illicit recording, shall be guilty of ao otTence and liable to a fine nOL level ten or to imprisonment for a period not exceeding Iwo years or La both such line and such imprisonment.

(3) Any person who causes an iIIiciL recording to be broadcast or lransmitLed in a cable programme service, knowing or having reasonable grounds for believing that il is an illicit recording, shall be guilty of an offence and liable 10 a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to bolh such fine and such imprisonment.

(4) Any person who falsely represenls thai he is authorised 10 give consent for the purposes of Ihis Pert in relation 10 a performance, nol having reasonable grounds for believing that he is so authorised. shall be guilty of an offence end liable to a fine nol ""ceeding level ten or to imprisonment for a period not exceeding six months or [a bOlh such fine and such imprisonment.

[SccliDlllmcndcd by seetlCln -4 orAct 22 0(2001)

79 Rights under Part VII additional to copyrlght and moral rights The rights conferred on performers end holders of recording rights by this Pert shall be independenl of and

additional 10­ (a) any copyright subsisting in, or right conferred by Part VI relating 10­

(i) any work performed in any performance; or (ii) any audio-visual work or other record ofany performance; or

(iii) any broadcast or cable programme including any performance; or

(b) any other righl or obligalion arising in respect ofa performance otherwise than under this Part.

PART Vlll

WORKS OFFOl JaORE

80 Interpretation in Part VIII In this Pan­ "appropriate local authority" means 8 local authority to which rights in relation to a work of folklore ha ve

been resen'ed in terms of paragraph (b) ofsubsection (I) of section eighty-one; "community" means a community of persons lItat has inhabited Zimbabwe conlinuously since before the year

1890 and whose members share the same language or dialect or (he same cultural values, traditions or customs;

"public institution" means any association or body, whether corporate or unincorporated, established by or under an enactment, which is engaged in the promotion, preservation or development of works of folklore, and includes a museum, library, art gallery, arts foundation or arts group;

"reservation" meBnS a reservation under subsection (I) of section eighty-one of any rights in relation to a work of folklore;

"reserved work of folklore" means a work of folklore in respect of which a reservation has been made; "work of folklore" means a lilerary, musical or artislic work, whether or not it is recorded, ofwhich-­

(a) no person can claim to be the aUlhor; and (1)) the form or conlent is embodied in the lraditions peculiar 10 one or more communilies in

Zimbabwe; and includes­

(i) folk lales, folk poetry and traditional riddles; and (ii) folk songs and instrumental folk music; and

(iii) folk dances, plays and artistic forms of ritual; and (iv) produclions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork,

metalwork, jewellery, baskets and costumes. 81 Reservation of rights in works of folklore

(I) Subject to this section, the Minister may, by notice in the Gazelle, reserve­ (a) to the President the exclusive right to aulltorise the doing of anyone or more of the things referred to in

section sevellteen or eighteen in relalion to • work of folklore whose form or eonlenl is embodied in Ihe traditions ofall communities wilhin Zimbabwe; or

(b) 10 a local authority the exclusive right to do or authorise the doing of anyone Or more of the Ihings referred to in section sel'enteell or eighteell in relation to a work of folklore whose fonn or content is embodied in the traditions of any community a substantial number of whose members reside within the area of the local authority:

Provided that, where substantial numbers of members of a particular community reside within the areas of two or more local authorities, the Minister may reserve such rights to any or all of such local authorities, or apportion the rights amongst them.

(2) Before making a reservation, the Minister shall ­ (a) consuli any Minister responsible for culture and, in the case of a work of folklore peculiar to a particular

community, any member of that community engaged in Ihe promotion, preservalion or development of such works of folklore; and

(1)) publish a notice in the Gazelle, and in such newspaper or newspapers as he considers appropriate, of his intention to make Ulereservation.

(3) A notice published in terms of paragraph (b) of subsection (2) shall ­ (a) describe as accurately as possible the work of folklore concerned and the rights Ihat are proposed to be

reserved; and (b) specifY whelher the Minister intends to make the reservation in favour of the President or an appropriate

local authority and, in the lalter event, identify the local authority; and (c) invite persons who wish to object to the proposed reservation to submit their objections to the Minister,

in wriling, within a reasonable period aller publicalion of the notice.

(4) Before the Minister makes a reservation he shall pay due regard to any objections that may be submitted in response to a notice published in tenns of paragraph (b) ofsubsection (2).

(5) A notice embodying a reservotion under subsection (I) shall ­ (a) describe as accurately as possible the worle offolklore in respect of which the reservation is made; and (b) specify the rights lItat are reserved in relalion to lite work of folklore concerned; and (c) specify whether the reservation is made in favour of the President or an appropriate local authorily and,

in the latter event, identify the local authority; and

(tI) specify the date from which the rights are reserved, which date shall not be earlier than one month after the date of publication of the notice.

82 Effect of reservation (I) Subject to this Pan­ (a) no person who is not a public institution or a citizen ofZimbabwe shall do anything or cause any!hing to

be done in Zimbabwe in relation to a reserved work offolklore, where the right to do that thing has been reserved to the President;

(b) no person who is not a public institution or a member of the community concerned shaJl do anything or cause anything to be done in Zimbabwe in relation to a reserved work of folklore, where the right to do that thing has been reserved to an appropriate local authority;

except in accordance with a licence under section eig"lycfh'e.

(2) Any person who contravenes subsection (I) shall be guilty of an offence, unless he satisfies the court that he did not know and had no reason to believe that the work of folklore concerned was a reserved work of folklore.

(3) A person who is guilty of an ofTence in terms of subsection (2) shall be liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

lSlIbstttion amended by 5S:lion 4 of Af( 22 0(2001)

B3 Restriction on importation or exportation of copies of reserved works of folklore Section sixty shall apply, mlltatis mutandis, to the importation or exportation of copies of any reserved work

of folklore made in contravention oflhis Pan as if ­ (al the Minister were the owner of the copyright in the reserved work of folklore, where rights in it have

been reserved to the President; or (b) the appropriate local authority concerned Were the owner of the copyright in the reserved work of

folklore, where rights in it have been reserved to such an authority. B4 Freedom to do certain things in relation to reserved works of folklore

(I) Notwithstanding any other provision of this Part, anything that may be done in terms of section /We/lty­ four, twenty-fivt!, tw~nty..six, twetlty..eight, twenty.nine, thirty.olJe, thirty-six. thirty-seven, Jorry~oneJ /orty-nl'o, forly-t"ree or jorty-jour without infringing the copyrighl in a work may be done in relalion to a reserved work of folklore without a licence granted under section eighty.jive.

(2) Any person may do any of the things referred to in section .feYellleen or eigbteen in relation to a reserved work of folklore­

(a) otherwise than for gain, if he does not prejudice the rights of any person to whom a licence has been granted under section eighty.jive; or

(hl for gain, iJ:-­ (i) where the right to do the thing has been reserved to the President, he is a citizen of Zimbabwe

and he does the thing for his personal gain or for the gain of other persons who are citizens of Zimbabwe;

(ii) where the righl to do the thing has been reserved to a community, he is a member of Ihat community and he does the thing [or his personal gain or for the gain of other persons who are members of that community.

(3) Any person may use a reserved work of folklore to create an original work. B5 Licensing of reserved works of folklore

(I) Subject to this SectiOD­ (a) the Minister may grant a written licence to any person or class ofpersons authorising him or them, as the

ease may be, 10 do anything in relation to a reserved work offolklore, where the right to do that thing has been reserved to the President;

(b) the appropriate local authority concerned may granl a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that thing has been reserved to the appropriate local authority:

Provided that neither the Minister nor an appropriate local authority shall grant an e"elusive licence to any persoll.

(2) A licence granted under subsection (I) may require the licensee to pay a fee for doing anything under the licence, and any such fee shall be paid into­

(al the Consolidated Revenue Fund, where the licence is granted by the Minister; and (b) the revenues of the appropriate local authority concerned, where the licence is granted by such a local

authorilY: Provided lhal the appropriate local authority shall apply the fee in such manner as the appropriate

local authority considers will benefit members of the community concerned or any class of such members.

(3) No licence granted under subsection ( I) shall have effect unless it is registered in terms of Part XI. (4) The Minister or an appropriate local authority may, on fourteen days' wrilten notice to the licensee,

revoke a licence granted under subsection (I) on such reasonable grounds as the Minister or the appropriate local authority, as the case may be, shall specifY in the notice:

Provided tha~ (i) where the licence has been granted to a class of persons, notice ofrevocation may be given by notice in

the Gazelle; (ii) no such revocation shan have e!Tect until it has been recorded in the Register in terms of Part XI. (5) The Minister or an appropriate local authority may assign his or its right to grant licences under

subsection (I) to any public institution, and this section shall apply, mutatis mutandis, in relation to any licence granted by that public institution:

Provided that no such assignment shall have effect until ­ (a) its terms have been published in the Gazelle; and (b) iI has been registered in terms of Part XI.

(6) For the purposes of any proceedings before the Tribunal, a licence granted under subsection (I) shall be deemed to be a non-exclusive licence granted by the Minister, the appropriate local authorily concerned or the public institution referred 10 in subsection (3), as the case may be.

(7) Any licence granted in terms of this section shall be deemed to have been granted in tenns of section ninety-seven.

lSubsa:lion inscned byaeetion 3or Ad 32 or20(4)

86 Appeal to Tribunal against decisions of Minister or appropriate local authority

(I) Any person who is aggrieved by any decision of­ (a) the Minister, in respect of the reservation of a work of folklore; or (b) the Minister, an appropriate local authority or a public institulion to which rights have been assigned in

terms of subsection (5) of section eigllry1ive, in regard to the issue or refusal of a licence in terms of thaI seclion or any terms and conditions ofsuch a licence;

may appeal 10 the Tribunal against that decision.

(2) On an appeal in terms ofsubsection (I), the Tribunal may confirm, vary or set aside the decision appealed against or make such other order in the matter as it considers appropriate.

(3) Without derogation from subsection (2), on an appeal in terms of subsection (1), the Tribunal may direct the Minisler, the appropriate local authority or public institution concerned to grant a licence in terms of section eighty-jive on such terms and conditions, including terms and conditions as to payment of a fee, as the Tribunal may specify.

PART IX

COrYRIGIiT OFFI( ..... COPYRIGHT REGISTER, CONTROLLER AND OTHER OrnC'ERS

87 Copyright Office There shall be an office, to be called the Copyrighl Office, for the registration of copyright and other matters

in terms of this Act. 88 Copyright Register

(I) There shall be kept at the Copyright Office a register 10 be known as the Copyright Register, in which shall be entered such particulars as may be prescribed in relation to the rights and other matters that are required or pennitted in terms of this Act be registered in the Register.

(2) Notwithstanding subsection (I), regulations in terms of section one hundred and thirty-jive may provide for different registers to be kepI in respect of different rights, works or mailers or classes thereof, or for the Register to be divided inlo different parts for the registration of such different rights, works or matters or classes thereof.

(3) Subject to this Act, the Register shall be open to inspection at all convenient limes by members of the public. on payment of the prescribed fee, if any.

(4) The Registrar shall provide a certified copy of any entry in the Register to any person who requests it and who pays the prescribed fee.

89 Controller, Registrar and other officers

(I) There shall be­ (a) a Controller ofCopyright; and (b) one or more registrars of copyright; and (e) such examiners and other officers as may be necessary to carry outlhe provisions of this Act;

whose offices shall be public offices and fOlm part of the Public Service.

(2) The Controller shall exercise general supervision and direction over the Copyright Office.

(3) Subject to the directions of the Controller, the Registrar shall be responsible for­ (CI) maintaining the Register; and (b) registering collecting societies, rights and other mailers in tenns of Parts X and XI; and (e) considering and dealing with references and applications in terms of Parts X, X and XII; and (d) supervising the activities ofcollecting societies; and (e) generally, doing anything else he is required to do by or under this Act or any other enactment.

(4) If the Controller so directs, an officer referred to in paragraph (e) of subsection (1) shall have power to exercise, subject to the Controller's supervision and direction, any function exercisable by the Registrar in tenns nfthis Act or any other enactment. 90 Seal of Copyright Office

(I) The Copyright Office shall have a seal of a design approved by the Minisler, and impressions of the seal shall be judicially noticed.

(2) Where a documenl bears an impression of lbe seal referred to in subsection (I), it shall be presumed unless the contrary is proved that the document was issued by the Registrar for the purposes of this Act.

PART X

C'OU,[('TING SeJ('IDIF.' OTt••RTHAN COPYRIGHT ANDNF.IGHBOliRINO RIGHTS COllErTING SOCIETY or ZIMBABWE

{Hcadmgamr:nded by *Iion 1 of Atl 32 or2004}

91 Collecting societies to be registered

(I) No person shall operate or carry on the business of a collecting society in Zimbabwe unless the society is registered.

(2) No person shall act as the agent of a collecting society in Zimbabwe unless­ (a) he knows or bas reason 10 believe thai the sociely is registered; or (b) tbe society is establisbed or constituted outside Zimbabwe and he performs the act in the coursc of his

duties as an officer or employee of a collecting society which is regislered. (3) Any person who contravenes subsection (I) or (2) shall be guilty of an olTence and liable to a fine not

exceeding level six or 10 imprisonment for a period nol exceeding six months or to both such fine and such imprisonment

I[Sub$ft::lion IS amended by SC'Clion" or ACI:!! or2ool]

92 Application for registration of collecting society (I) An application for the registration of a collecting society may be made, subject to this Part, by any person

duly autborised by the society concerned. (2) An application under subsection (I) shall be made in the prescribed form and manner and shall be

accompanied by­ (a) such documents and otber information 8S may be prescribed or as the Registrar may reasonably require;

and (b) a list of the classes of works in which the society owns the copyright or whose copyright owners the

society intends to act for or represenl; and (e) the prescribed fee.

(3) The Registrar shall accept an application under subsection (I) ifhe is satisfied that­ (a) all the prescribed requirements bave been met in regard 10 Ihe application; and (b) tbe sociely is controlled by individuals who are citizens of Zimbabwe or ordinarily resident in

Zimbabwe; and (e) the management of Ihe society is vested in a committee or board consisting of at least five persons

elected by members of Ihe society, at least two of wbom are authors, artists or performers whose righls are managed by the society; and

(d) the society­ (i) owns Ihe copyright in a substantial number of works of Ihe class or classes speci fled in the

application; or (ii) acts for or represents, either directly or through arrangements with other collecting societies, a

substantial number of owners of copyright in works of the class or classes specified in the application;

and (e) the society is capable of ensuring the enforcement of the rights of the copyright owners and other

persons whom it will act for or represent;

and, subject to subsection (4), ifhe is not so satisfied he shall refuse the application.

(4) If an applicant has not been able to satisfy the Registrar as to any mailer referred to in subsection (3) but the Registrar considers that he will be able to do so before a final decision is made on the application, the Registrar may accept the application subject to sueh modifications, conditions or limitations as may be appropriate.

(5) The Registrar may aLany time, whether before or after acceptance of the application, correct any error in or in connection with an application under subsection (I).

(6) At the request ofa person whose application under subsection (I) has been refused or accepted subject to modifications, conditions or limitations, and on payment of the prescribed fee,the Registrar shall provide him, in wriling, with Ihe grounds for his decision and the information he used in arriving at the decision.

(7) Where the Registrar has provided an applicant with grounds for his decision in terms of subsection (6), in any subsequent appeal to the Tribunal arising out of that decision­

(a) the appeal shall be determined on the infonnation which the Registrar stated he used in arriving at his decision and on any further information the applicant may have laid before him; and

(b) the Registrar may take no further grounds of objection to the application other than those stated by him, except with the leave of the Tribunal, and where the Tribunal gives the Registrar such leave the applicant shall be entitled, on giving the prescribed notice, to withdraw his appeal without payment of costs.

93 Duration of registration of collecting society Subject to section Ilinel)cfour, the registration of a collecting society shall continue for so long as the society

remains ~n existence.

94 Cancellation of registration of collecting society (I) Subject to subsection (2), the Registrar may, on his own initiative or on application by any interested

person, cancel or amend the registralion of a collecting society ifhe is satisfied that the society­ (a) has contravened or failed to comply with any provision of this Act or any direction or order made or

given 10 it under this Act; or (a) no longer owns the copyright in any of the classes of works in respect of which it was registered; or (b) no longer acts for or represents the copyright owners of any of the classes of works in respect of which it

was registered. (2) Before cancelling or amending the registration of a collecting society in terms of subsection (I),

otherwise than at the request ohhe society concerned, the Registrar shall give the society a reasonable opportunity to make representations in the matter. 95 Application of provisions of Part Xl to registration of collecting societies

Sections one hundred to one hundred and two, subsection (I) of section one hundred and three, subsection (2) of section one hundred and four, sections one hundred and five and one hundred and six and sections aile hundred and eight to one hundred and len A shall apply, mutatis mutandis, in respect of the registration of collecting societies in tenns of this Part.

PART XI

COPYRKiIlT AND NEIGHBOURING RKiHTS COlLErTlNG SO<'II:.'Y Of ZJMBAB\\1!

(Pan SUb51lluied bysccllon 4 (lrAct)2 o(2004) 96 Interpretation In Part XI

"Board" means the Copyright and Neighbouring Rights Coilecting Society of Zimbabwe Board; «foreign", in relation to an author, perfonner, or sociely, means an author, perfonner or society who is not a

Zimbabwean citizen or pennanent residenl; "inspector" means an inspector appointed in terms of section one hUlldred and lell B; "member" means a member of the Society; "Register" means the register of the Society; "registering officer" means the registering officer of the Society referred to in section ninety-<lighl; "registered" means registered in tenns of this Part.

97 Establishment, Constitution, Functions, Powers and Funds of the Copyright and NeighbourIng Rights Collecting Society of Zimbabwe

(I) There is hereby established a Society to be known as the Copyright and Neighbouring Rights Collecting Society of Zimbabwe which sholl be a body corporale capable of suing and being sued in its corporate name and. subject to this Act, of perfomling all acts that bodies corporate may by law perfOffil.

(2) The functions orthe Society shail be­ (a) 10 represent and defend the interests of its members in Zimbabwe and abroad;

(h) to maintain a register of works, productions and associations of authors and performers; (e) to contribute by all appropriate means to the promotion of national creativity in the artistic, literary and

other creative fields; (d) to grant any authorisation which is permitted to be given under this Act; (e) to collect royalties from the users of a work on behalf ofany members entitled thereto; (fJ to make reciprocal agreements with foreign societies of authors and performers for the use of exclusive

authorisation in respect of their members' work and for the collection and distribution of royalties deriving from those works;

(g) to act for members in the management of their rights in terms of this Act; (h) to represent authors and performers in the negotiation and administration oflicence schemes; (il to negotiate the grant oflicences as agent for the members; Ul to endeavour to obtain the transfer ofmembership to the Society of Zimbabwean authors and performers

who are members of foreign collecting societies; (k) to help in the preparation ofstandllTds forms ofcontracts of assignment ofcopyright or of licence for the

benefit and use of its members; (I) to foster such harmony and understanding between members and the users of their works, as are

necessary for the proteClion of their rights; (m) to provide its members with infonnation and advice on all matters relating to copyright; (11) to exercise such power and perform such other function as may be required by this Act.

(3) The operations of the Society shall be controlled and managed by the Copyright and Neighbouring Rights Collecting Society ofZimbabwe Board.

(4) The Board shall consist of­ (a) three members appointed by the Minister ofwhom two shall be registered legal prllctitioners; (h) four representatives of an association considered by the Minister to be representative of authors

appointed by the Minister allerconsultation with the association; (e) four representatives of an association considered by lbe Minister to be representatives of perfonners to

be appointed by the Minister after consultation with the association; (d) one representative from the Ministry responsible for information and publicity; (e) one representative from the Ministry responsible for primary and secondary education; (fJ one representative from the traditional leadership to be appointed by the Minister after consultation with

the Council of Chiefs. (5) The funds of the Society shall consist of­ (a) a prescribed portion of royalties or licence fees collected on behalfof members; and (b) any moneys that may be payable to the Society from moneys appropriated for the purpose by Act of

Parliament; and (e) any loans, donations or grants made 10 the Society with the approval of the Minister by any person or

authority or by the government of any country; and (d) any other moneys Ihat may accrue to the Society, whether in the course of its operations or otherwise. (6) The First Schedule shall apply to the qualifications of members of the Board, their terms and conditions

ofoffice, vacation of office and the procedure to be followed by the Board at its meetings. (7) The Second Schedule shall govern the financial and other aspects of the operations of the Society.

98 RegIstering officer ofthe SocIety (I) The Society shall appoint a registering officer to enable it to carry out its functions in terms of this Part. (2) The Society shall establish a register, to be known as the Register of the Copyrigbt and Neighbouring

Rigbts Collecting Society ofZimbabwe. (3) The registering officer of the Society shall be responsible, subject to any directions given to him or her by

lhe Board, for maintaining the Register and ensuring that entries are made in the Register recording­ (a) the name and such other particulars as may be prescribed ofeach author and perfonner whom tbe Board

has directed sban be registered; and (b) particulllTS of the cancellation or suspension of any person's registration or restoration of any such

cancelled registration or the termination of any such suspension; and (e) particulars oftbe work of the author or performer in respect ofwhich the society may collect royalties or

licence fees or negotiate the granting of licences on behalfof the author or performer; and (d) any necessary corrections or alterlltions to any particulars or facts referred to in parllgraph (a), (b) or (e);

and (e) any other particulars that may be prescribed or that the Board may detennine.

(4) Any person may inspect the Register and make copies of any entry therein at all reasonable times on payll1ent of such fee as may be prescribed:

Provided that no such fee shall be payable by­ (a) a police officer or a member of the Public Service acting in the course of his or her duty as such; or (h) any other person whom the Board has authorised to inspect the Register free-<>f-<:harge.

99 Application for membership of Society and registralion of works of authors and performers (I) Any­ (a) author or performer whose work is eligible in terms of this Act for protection may; (h) foreign author or performer whose work is eligible in terms of the law of any foreign country for

protection may, on payment of the prescribed fee; apply for registration in lerms of this seclion.

(2) An author or perfonner shall become a member of the Society by virtue of registering his or her work with the Society in terms ofthis seclion.

(3) An application for registration in the Regisler ot: ­ (a) any work of an author or performer may be made, subject to this Part, by or on behalf of the author or

perronner; (b) an assignmenl or licence of work of an author or performer may be made, subject to ~\is Part, by or on

behalf of the aUlhor or performer or by or on behalf of the licensee or assignee, as the case may be. (4) An application under subsection (3) shall be made in the prescribed form and manner and wilhin Ihe

prescribed period, if any, and shall be accompanied by­ (a) such documents and other informalion as may be prescribed or as the registering officer may reasonably

require; and (b) in Ihe case of foreigners, the prescribed fee.

(5) The registering officer shall accept an applicalion under paragfBph (a) or (b) of subsection (3) for lhe registration of a work of an aUlhor or performer or of any assignment or licence of such work, if he or she is satisfied lhat­

(a) all the prescribed requirements have been met in regard to tbe application; and (b) the work concerned enjoys protection in terms of this Act or in terms of the law of any foreign country;

and (e) in the case of an assignment or licence, it has been duly gTBflted in accordance with this Act;

and, subject to subsection (6), if the registering officer is not so satisfied he or she shall refuse the application.

(6) If an applicant has nol been able to satisfy the registering officer as to any matter referred to in subseclion (4) or (5) but the registering officer considers that he or she will be able to do so before a final decision is made on the applicalion, the registering officer may accept the application subject to such modifications, conditions or limitations as may be appropriate.

(7) The registering officer may at any time, whether before or after acceplance of the application, correcl any error in or in connection with an application under subsection (3).

(8) At the request of a person whose application under subsection (3) has been refused or accepted subject to modifications, conditions or Ii mitations, and on payment of the prescribed fee, the registering officer shall provide him or her, in writing, with the grounds for his or her decision and the information he or she used in arriving at Lhe decision.

(9) Where the registering officer has provided an applicant with grounds for his or her decision in tenns of subsection (8), in any appeal to the Tribunal arising out of that decision-­

(a) the appeal shall be determined on the information which the registering officer stated he or she used in arriving at his or her decision and on any further information the applicant may have laid before him or her; and

(b) the registering officer may take no funher grounds of objection to the applicalion other than those stated by him or her, except with tbe leave of the Tribunal, and where the Tribunal gives the registering officer such leave the applicant sball be entitled, on giving the prescribed notice, to withdraw his or her appeal without payment ofcosts.

100 Advertisement of accepted application (I) Where the registering officer has accepted an application UDder seclion ninety-nine, whether absolulely or

subject to conditions or limitations, the applicant shaIl without delay cause the application as accepted to be advertised in the prescribed manner, and the advertisement shall set forth any conditions and limitations subject to which the application was accepted:

Provided Ihat the registering officer may require an application to be advertised before acceptance in any case where he or she considers that there are exceptional circumslances which make it eXpedienl to do so, and where an application has been so advertised the registering officer may, ifhe or she thinks fit, require it to be advertised again after it has been Bccepted.

(2) After advertisement in terms of subsection (I), the application and any documents that were lodged in support of the application may be inspected by members of Ihe public, on payment of Ihe prescribed fee, at all convenient limes during office houlll al the office of the regiSlering officer.

(3) If an applicalion is not advertised in terms of subsection (I) wilhin six months aller Ihe registering officer has accepted Ihe application, or within such longer period as Ihe regislering officer may allow, it shall be deemed to have been abandoned.

101 Opposition to registration (I) Within two months afler an applicalion has been advertised in terms of section Olle hUlldred. or witi.in

such longer period as Ihe registering officer may allow, any pelllon may give nolice 10 the registering officer of opposition to the regislr&lion, which notice shall ­

(a) be given in writing in the prescribed manner; and (b) set out the grounds ofopposition.

(2) The registering officer shall send Ihe applicant a copy of any notice of opposilion in terms of subsection ( 1) and, within one month aller receiving it or within such longer period as the registering officer may allow, the applicani may send to the regislering officer in tbe prescribed manner a counter-statement seuing oul the grounds on which he or she relies in support of his or her application.

(3 ) If an applicanl dOe6 not send the registering officer a counter-statement in terms of subseclion (2) he or she shall be deemed to have abandoned his or her application.

(4) As soon as possible afler receiving a counter-slalement in terms of subsection (2), Ihe regislering officer shall send a copy of it 10 every pelllon who gave nolice of opposition 10 the applicalion. 102 Decision on application for registration

(I) If, afler an applicalion has been advertised in terms ofseclion one hUlldred­ (a) the registering officer has not received a notice of Opposilion in terms of seclion one hundred alld Olle

within the period specified in thai seetion; and (b) the registering officer is sali.fied as to the malters and circumstances referred to in subseclion (5) and

(6), as Ihe case may be, ofsection ninety-nine; the registering officer shall proceed 10 register the author or performer coneemed.

(2) If the regislering officer has received a notice of opposilion and eounter-slalement in terms ofsection one hundred and aile, he or she shan consider the submissions made therein and. if he or she considers it necessary or if he or she is required to do so by either party, shall hear any e\';dence the parties wish 10 adduce. and thereupon without delay shall proceed to­

(a) reject the application concerned; or (b) register the work, assignment or licence concerned; or (c) refer the maller to the Tribunal in terms ofsubsection (3).

(3) Where­ (a) the registering officer considelll thai it is desi",ble to do so because of any painl of law involved or Ihe

unusual importance or complexity oflhe matter; or (b) the applicant and all persons who have given notice of opposition so request;

the registering officer shan refer an application to the Tribunal for decision and shall thereofler act in the matter in accordance with the Tribunal's decision.

(4) When entering in the Register the regislration of aD assignment or licence Ihat has been granted for a limited lenn, the regislering officer shall speeify its duration.

(5) The rellislering officer may regisler any work, assignment or licence in lerms of this seelion subject to such modifications, conditions or limitations as may be prescribed.

(6) On regislering any work. assignment or licence in tenos of this section, the registering officer shan issue the applicant ,,;th a certificate of registration in the prescribed form. 103 Effective date and duration of registration

(I) Where the registering officer regislelll any right or matler in terms of seclion olle hllndred and two, he shall do so with effect from the date on which Ihe application for its registration was lodged, and that date shall be deemed to be Ihe date of i1s registration for the purposes of Ihis Part.

(2) The regist"'tion of authors and performelll shall conlinue unlil the registralion is deleled or cancelled in tenns ofsection one hUlldred and seven or one hundred and eight. 104 Power of registering officer to allow amendments to applications and documents

(I) Where righls under an assignment or licence which is the subject of a pending application for registration under this Part have been lransferred 10 another person after the application bas been lodged, the regislcring officer may on application allow the lransferee to be substituted as applicant.

(2) At any time before the registration of any right or maller under Ihis Part, the regislering officer may allow the amendment of the application or of any document relating to the application, on such terms as he or she thinks fit.

105 Proceedings before registerIng officer (I) E,idence in any proceedings before the registering officer under this Part shall be given by affidavit: Provided that the registering officer may, if he or she thinks fit in any particular case, take oral evidence on

oath in lieu ofor in addition to such evidence.

(2) Tbe registering officer may, in any proceedings before him or her under this Pan­ (a) allow any witness to be cross-examined on his or her affidavit or oral evidence; (b) decide the hours, times and places al which he or she will sit. (3) For the purposes of any proceedings before him or her under Ihis Part, the registering officer shall have

the same powers, rights and privileges as are conferred upon a commissioner by the Commissions of Inquiry Act lChapte,. 10:07], other than the power to order a person 10 be detained in custody, and seclions 9 to 13 and 15 to 19 of that Act shall apply, with necessary changes, in relation to tbe hearing and determination of any mailer before the registering officer under Ihis Part and 10 any person summoned to give evidence or giving evidence before him or her.

106 Duty of registering officer to give opportunity to make representations The regislering officer shall nol exercise any discretionary power given to him or her under this Part in a

manner which adversely alTecls Ihe rights of any person unless he or she has given Ihat person a reasonahle opponunity 10 make representalions in the maller, either personally or by his or her agent. 107 Power of registering officer to rectify Register

(J) Subject to section one hundred and six, the registering officer may, on his or her own initiative or on applicalion by any interested person, aller any entry in the Register by­

(a) correcling any error in any name or address recorded therein; (b) altering the name or address ofa person who has changed his or her name or address; (e) cancelling the registration of any right, assignment or licence, where he or she is satisfied that it has

ceased to exist; or (d) deleting any erroneous entry; or (e) correcting any olher error in Ihe entry concerned.

(2) An application for the correclion of an entry under subsection (I) shall be made in the prescribed form and manner and shall be accompanied by the prescribed fee. 108 Power of Tribunal to rectify Register

(J) Any interested person who maintains that­ (a) any enlry was made in the Register without sufficient cause; or (b) any entry wrongly remains in Ihe Regisler; or (c) there is any error or defect in the Register;

may apply to the Tribunal for Ihe reclificalion of the Register by the deletion or correction of the entry concerned.

(2) If the registering officer is satisfied thaI any enlry in the Register­ (a) has been secured by fraud or misrepresenlation; or (b) was made wilhout sufficienl cause or wrongly remains on the Register,

he or she may apply to the Tribunal for an order rectifying the Register by the delelion or correction of the enlry concerned.

(3) In an application under subsection (I) or (2), the Tribunal may decide any question that may be necessary or expedient for it to decide in connection with Ihe rectifica lion of the Register, and may make such order in connection with the application as it Ihinks fit.

(4) An order of the Tribunal rectif'ying the Register shall be directed to the registering officer and, on being notified of the order, the registering officer shall rectify the Register accordingly. 109 Certified copies of entries in Register

The registering officer shan provide a copy of any entry in the Register, certified with the seal referred to ill seclion lIillety, to any person who requesls it and who pays the appropriate fee. 110 Right of registering officer to appear in proceedings regarding Register

In any proceedings before the Tribunal or any court in which the relief sougbt includes an alteration or rectification of the Register, the registering officer sball hBve the rigbt to appear and be beard, and shall appear if so directed by the Tribunal or coun, as the CBse may be.

110A Penalty for false entries and false statements Any person who-­

(a) knowingly makes a raIse entry in the Register or causes such an entry to be made; or (b) prepares or causes to be prepared a document which ralsely purports to be a copy of an entry in the

Register or a statement of the registering officer; or (e) produces or tenders in evidence, or causes to be so produced or tendered, an entry or document referred

to in paragraph (a) or (b), knowing the entry or document to be false; or (d) makes a false stalement or representation, knowing it to be false, for the purpose of­

(i) deceiving lhe registering officer in the execution of his or her functions under this Part; or (ii) procuring or innuencing the doing or omission of anything in relalion to this Part;

shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding lhree months or to both such fine and such imprisonment.".

1108 Appointment of Inspectors (I) The Society may appoint persons employed by it to be inspectors for the purposes of this Act and shall

furnish each person so appointed with a certificate signed by it stating that he or she has been appoinled as an inspector.

(2) An inspector may require a person whom he or she has reasonable cause to suspect is a person required in lerms of this ACI to possess a licence to use works of performers and authors for commercial gain to produce his or her licence.

(3) If a person referred to in subsection (2)­ (a) is unable to produce his or her licence on demand; or (b) cannot be 10caled at his or her usual or last known place ofabode or business;

the inspector concerned may serve on the person a notice in the prescribed form requiring that person to produce that notice and his or her 1icence to the police officer in charge of a police station within a period of seven days from the date of service of that notice.

(4) A police officer to whom a notice and a licence have been produced in terms of subsection (3) shall forthwith­

(a) issue to the person who produced the notice and the licence a receipt in the prescribed form; and (b) notilY the inspector who served the notice that the notice and licence have been produced.

(5) lfa person who has been served with. notice in terms ofsubsection (2}­ (a) fails to comply with the requirement conlained in that notice, he or she shall be presumed, unlil the

contrary is proved, not to be the holder ofa licence, referred to in the notice; (h) is subsequently prosecuted for failing to comply with tbe requirement contained in that notice, he or she

shall be presumed, unless the contrary is proved, not to have produced that notice and his or her licence, in compliance with the nolice.

(6) Subject to subsection (7), an inspector may at all reasonable times enter premises on which he or she has reasonable cause to suspect an offence against this Act has been committed and shall have power to make such search, inspection and inquiry to ascertain whether compliance has been made with Ihis Act.

(7) The power of entry and inspection conferred by this section shan not be exercised­ (a) except with the consent of the person in charge of the premises concerned or in accordance with a

search warrant issued in terms of section 50 ofthe Criminal Procedure and Evidence Act [Chapter 9:07) ; or

(b) except wilh the consent of the person in charge of the premises concerned, unless there are reasonable grounds for believing that it is necessary to exercise them for the prevention, investigation or detection ofan offence in terms of this Act or for obtaining ofevidence relating to such an offence.

(8) An inspector shall, on demand by any person affected by the exercise of the powers conferred upon him or her by this section, exhibit the certificate issued to him or her in terms ofsubsection (1).

PART XII ~WE1lS Of RF.GISTRAR INREGAR010 LK'ENCE S""IOMES ANoLICEN('t;S

111 Reference of licence scheme to Registrar (1) If, while a licence scheme is in operation, a dispute arises between the collecting society operating the

scheme and­ (a) a person who claims he requires a licence in a case of a class to wbich tbe scheme applies; Or (b) an organisation that claims to represent persons requiring licences in cases of a class to which the

scheme applies; that person or organisation may refer the scheme to the Registrar in so rar as it relates to cases of that class.

(2) If, while a licence scheme is in operation, any person claims that works of a description similar to those covered by the scheme are unreasonably excluded from it, he may refer the scheme to the Registrar.

(3) The Registrar shall consider any scheme referred to him in terms of subsection (I) or (2) and, subject to section olle hundred andJourteell, shall make such order, either confirming the licence scheme or varying it in so far as it relates to cases of the class to which the reference relates, as he considers to be reasonable in the circumstances.

(4) An order of the Registrar in terms of subsection (3) may be made so as to be in force indefinitely or for such period as he may delermine.

(5) The Registrar may direct that an order in terms of subsection (3), in so far as it varies the charges payable for a licence, has effect from the date on which the reference was made or such laler dale as he may specify.

(6) A licence scheme may be referred to the Registrar in terms of subsection (I) or (2) even if he has previously made an order under this section in regard 10 the scheme in so far as it relates to the same class of cases:

Provided that no such subsequenl reference shall be made within twelve months after the earlier order unless the Registrar, having regard to the special circumstances of the case, grants leave for the reference to be made. 112 Application to Registrar regarding grant or refusal of licence or terms thereof

(I) Where a person claims that­ (a) a collecling society has refused or failed within a reasonable time to granl him a licence or to procure a

licence for him, and­ (i) where the grant of such a licence is covered by a licence scheme, that he is enlitled to a licence

in terms of the scheme; or (ii) whether or not the grant of such a licence is covered by a licence scheme, thai in the

circumstances Ihe refusal or failure to granl a licence is unreasonable; or

(/» the lerms and conditions under which a collecling society proposes to issue a licence to him are unreasonable;

he may apply to the Registrar for an order in tenns of this section.

(2) If, on an application in terms ofsubseclion (I), and afler considering the mailers referred to in seclion one hundred alldJourreell, Ihe Registrar is salisfied that the applicant's claim is well-founded, he shan make an order declaring that, in respeCI of the mailers specified in Ihe order, the applicant is entilled to a licence on such tenns and conditions as Ihe Registrar determines­

(a) are applicable in accordance with Ihe licence scheme concerned; or (b) are reasonable in the circumstances.

(3) An order of the Registrar in terms of subsection (2) may be made so as to be in force indefinitely or for such period as he may detennine.

I I (4) The Registrar, on application by any interested party, may vary or rescind an order made by him in terms I ofsubseclion (2):

Provided lhal no such applicalion shall be made within lwelve monlhs after the order was made unless the Registrar, having regard 10 the special circumstances of the case, grants leave for the application to be made. 113 Reference to Registrar of expiring licence

(I) A licensee whose licence­ (a) has been granted by a collecting society; and (b) is due to expire, whether by the passage of time or as a result of nolice given by lhe collecting society;

and who claims that it is unreasonable in the circumstances that his licence should cease to be in force, may apply to the Registrar for an order in tenns of this section.

(2) An application shall not be made in terms of subsection (I) unlil the last three monlhs before the licence concerned is due 10 expire.

(3) If, on an applicalion in tenns ofsubsection (I), and after considering the matters referred to in section one hUlldred a"dlou/,teen, the Registrar is salisfied that the applicant's claim is well-founded, the Registrar shall make an order declaring that lhe applicant shall continue to be entitled to the benefit of his licence on such terms as the Registrar may detemline to be reasonable in the circumstances.

(4) An order of the Registrar in terms of subsection (3) may be made so as to be in force indefinitely or for such period as he may determine.

(5) The Registrar, on application by any interested party, may vary or rescind an order made by him in lerms ofsubseclion (3):

Provided that no such application shan be made within twelve monlhs after the order was made unless Ihe Registrar, having regard to lhe special circumstances of the case, granIs leave for the application to be made. 114 Factors to be taken into account by Registrar In making orders

(I) In any reference or application in terms of this Part, the Registrar shall have regard to­

(al Zimbabwe's obligations under any international convention, treaty or agreement relating to copyright; and

(b) any order made by the Industry and Trade Competition Commission established by section 4 of the Competition Act [Chapler 14:28).

(2) In determining what is reasonable On a reference or application in terms of this Part relating to a licence scheme or licence, the Registrar shall have regard to-­

(a) the availability of other schemes or the granting of other licences to other persons in similar circumstances; and

(b) the terms of those other schemes or licences; and shall exercise his power so as to ensure that the collecting society concerned does not discriminate unreasonably between licensees or prospective licensees.

(3) In a reference or application in tenns of this Part relating to the reprographic copying of a work, the Registrar shall have regard to-­

(11) the extent to which published editions or versions of the work concerned are otherwise available; and (b) the proportion ofthe work to be reproduced; and (e) the use to which the resultant copies are likely to be put.

(4) In a reference or application in terms of this Part in respect of a sound recording, an audio-visual work, a broadcast or a cable programme which includes any entertainment or other event, Ihe Registrar shall have regard 10 any conditions imposed by the promoters of the entertainment or event, and in particular shall not regard a refusal or failure to grant a licence to be unreasonable if the licence could not have been granted consistently with any such conditions.

(5) When considering the charges, if any, to be paid by an educational institution for a licence authorising the recording of a broadcast or cable programme which includes copyright works, or the making of a copy of such a recording, the Regislrar shall have regard to the extent to which the owners of copyright in the works included in the broadcast or programme have already received or are entitled to receive, payment in respect of the inclusion of those works.

(6) When considering the charges to be paid for lelling for hire copies of any sound recording, audio-visual work or computer program, the Registrar shall take into account any reasonable payments which the owner of the copyright in the recording, work or program is liable to make­

(a) !O the owner ofcopyright in any work included in the recording, work or program; or (b) to any performer or other pernon whose rights under Part VII may be affected by the letting for hire of

copies of the recording, work or program. (7) Nothing in this section shall be construed as preventing the Registrar from considering, in any reference

or application in terms of this Part, any relevant factor not mentioned elsewhere in this section. 115 Effect of Registrar's orders

(1) A licence scheme that has been varied by the Registrar under section one hundred and el..'ell shall remain in operation fOT so long as the Registrar's order remains in force and, while it so remains in oper8.lion, a person who, in a class of case to which the order applies­

(a) pays to the collecting society operating the scheme any charges payable under tbe scbeme for a licence covering that class of case or, if the amount of the charges cannot be ascertained, gives the collecting society an undertaking to pay them when they are ascertained; and

(h) complies with any other terms and conditions applicable to a licence covering that class of case under the scheme;

shall be in the same position 8S regards infringement of copyright as ifhe were the holder of a licence granted by the owner of the copyright in question in accordance with the scheme.

(2) If, while an order of the Registrar under section one hUlldred and twalve or one hundred alid (hirleen remains in force, the penon in whose favour it is made­

(a) pays to the collecting society concerned any charges payable in accordance with the order or, if the amount of the charges cannot be ascertained, gives the collecting society an undertaking to pay the charges when they are ascertained; and

(b) complies with any other terms and conditions specified in the order; he shall be in the same position as regards infringement of copyright as if he were the holder of a licence granted by the owner of the copyright in question on the lerms specified in the order.

116 Application of provisions of Part XI to proceedings regarding licence schemes and licences

Sections Olle hundred andlour, one hundred Ilndfiver and one hundred and six shall apply, mutalis mutandis, in relation to references and applications in terms of this Pan.

(Sullon amended by section' or Act ):! or20041

PART XlII

APPEALS TO TRIBUNAL AGAINST DECISIONS OF RlrGISTRAR OR REGISTUINGOrFICEa

IH.:ading amended b)' secltOD 7 or Act )2 of2004)

117 Right of appeal to Tribunal against decisions of Registrar or Registering Officer rlk:uflnglmcndt:d hy KClioo 7 orAct l2 0(2004]

Any person who is aggrieved by a decision of the Registrar­ (a) in regard to the registration of a collecting society under Part X, including a decision­

(i) to accept or not to accept an application under section ninety-Mo; or (ii) to impose any modification, condition or limitation on his acceptance of an application under

section ninely-two; or (iii) to refuse to allow an applicant further time within which to advertise an application for Ihe

registration ofa collecting socielY; or (iv) to register or not to register D collecting sociely; or (v) to impose any modification. condilion or limilalion on the registration of a collecLing socielY; or

Ivi) 10 cancel or amend the registralion ofa collecling sociely under section ninety{our; or (Sublra",ph amcndtd by secllOn 1 of Ad 32 ()f.2004 !

(vii) 10 refuse to allow a person further lime 10 file any documenl; or

(b) in regard 10 Ihe registration of any righl or mailer under Part XI. including a decision­ (i) 10 accepl or nollo accepl an application under section ninety-nine; or (ii) to impose any modification, condition or limitalion on his acceplance of an application under

section ninety-nine; or (iii) 10 refuse 10 allow an applicanl further time within which 10 advertise an application in tenns of

section one hundred; or (iv) 10 register or not 10 register any righl or mailer under section one hundred and MO; (v) to impose any modification, condition or limilalion on Ihe registralion of any righl or mailer

under section one hundred and 1\1,,'0; or (vi) 10 refuse 10 allow the amendment of an application or a document in terms of seclion one

hundred andfour; or (vii) 10 reclify the Register under seclion one hundred and seven; or (viii) 10 refuse 10 allow a person further lime 10 file any documenl;

(Paragraph amended bySC'tlion 7 or ACI32 or2004)

or (c) in regard to any reference or applicalion under Part XII, including a decision­

(i) as 10 Ihe duralion of an order in terms of Ihat Part; or (ii) 10 vary or rescind an order in terms of section one hundred and twelve or one hllndred and

thirteen, or refusing such a variation or rescission; or (iii) 10 refuse 10 allow 8 reference 10 be made under thai Part wilhin twelve months after an earlier

order; or (iv) 10 refuse to allow a person further time to file any document;

may appeal to the Tribunal against Ihe decision concerned.

118 Noting of appeal An appeal in terms of seclion one hundred and seventeen shall be nOled by lodging a wrillen nOlice ofappeal

with the Registrar of the Tribunal and with the Registrar wilhin twenty days from the date on which the appellant was notified of the decision which is Ihe subjecI of the appeal.

119 Powers of Tribunal on appeal In an appeal in lerms of seclion one bUlld/'ed alld SlNenteen. the Tribunal may­ (a) exercise the same discrelionary powers in relation to Ihe decision or order in issue as are conferred on

the Regislrar by Ihe relevant provisions of this Act; (b) remil Ihe matler to lhe Regislrar with instruclions for the laking of further evidence or the selling oul of

further information; (e) order the parties, or any of them, 10 produce such further evidence or informalion as the Tribunal may

specify; (cI) confirm. vary or sel aside the decision appealed againsl or give such olher decision as in its opinion Ihe

Registrar oughl to have given; (e) make such order as 10 cosls as it thinks fit.

123 Presumptions in infringement proceedings; registered works In any civil or criminal proceedings for infringement of any right thai is regislered in terms of Part XI, il shal1

be presumed, unless Ihe contrary is proved, that­ (a) every party 10 those proceedings had knowledge of the particulars recorded in the Register in regard to

the right from the dale on which Ihe application to record those particulars was lodged; and (b) the person who is alleged 10 have done an acl which infringes Ihe relevanl copyrighl did the acl without

the required authority.

124 Evidence and presumptions in infringement proceedings: audio-visual works, sound recordings and computer programs

(I) This section shall apply to both civil and criminal proceedings.

(2) Whete, in proceedings for infringement of copyright in an audio-visual work, a sound recording or a computer program, it is established that any person who in the course of business sold, let for hire or distributed copies of any such works, was found in possession of a copy of the audio-visual work, sound recording or computer program concerned, it shall be presumed, unless the contrary is proved, that by way of business he offered or exposed it for sale or hire.

(3) Where, in proceedings for infringement of copyright in an audio-visual work, it is established that copies of the work as issued to the public bear a statement­

(a) that a named person was the author or director of Ibe work; or (h) that a named person was the owner of the copyright in the work when Ihe copies were issued; or (e) Ihat the work was firsl published in a specified year and additionally, or alternatively, in a specified

country; Ihe slalemenl shall be admissible as evidence of lhe facts stated and shall be presumed correct unless the contrary is proved.

(4) Where, in proceedings for infringement of copyright in an audio-visual work or a sound recording, it is established Ihat records issued to the public and embodying the work or recording or part of the work or recording bear a label or other mark slating­

(a) Ihat a named person is Ihe director or author of the work or recording; or (b) Ihal a named person was the owner of the copyright in Ihe work or recording when the records were

issued; or (e) that the work or recording was first published in a specified year and addilionally, or alternatively, in a

specified country; the label or mark shall be admissible as evidence of the facts slated and shall be presumed correcl unless the contrary is proved.

(5) Where, in proceedings for infringement of copyright in a computer program, it is established thaI copies of the program as issued to the public bear a statemenl­

(a) that a narned person was the owner of the copyright in Ihe program when Ihe copies were issued; or (b) thaI the program was firsl published in a specified year and additionally, or alternatively, in a specified

country; the Slalement shan be admissible as evidence of the racts slated and shall be presumed correct unless the conlrary is proved.

(6) A claim contemplaled in­ (a) paragraph (b) of subsection (3) or (4) or paragraph (a) of subsection (5) may be made by means of the

symbol "C" in conjunclion with the name of the person concerned; (b) paragrapb (e) of subsection (3) or (4) or paragraph (b) of subsection (5) may be made by means of Ihe

symbol "P" in conjunclion with the year and additionally, or alternatively, the country in question. 125 Presumption regarding registered collecting society

In any civil or criminal proceedings relating 10 copyright in any work, an entry in the Regisler showing that a collecting society is regislered in terms of Part X in respect of the class of works to which the work concerned belongs sball be prima facie proof Ibat the society represents the owner of the copyright in the work concerned. 126 Entries In Register to be prima facie proof of their contents

In any civil or criminal proceedings relating to copyrighl, including applicalions and appeals under tbis Pan, an entry in the Register showing that­

(a) a person is the owner of the copyright in a work; or (b) the copyright in a work has been assigned 10 a person; or (c) a person has been granled a licence in respect of a work; or (d) a person has been granted a licence under section eighty-five in respect ofa reserved work of folklore;

sball be prima facie proof of tbat facl.

PART XIV

EVIDENC'E AND PRESU),,'PlIONS

120 Proof of certain facts by affidavit In infringement proceedings In any civil or criminal proceedings for infringement of copyright in any work, evidence to prov~ (a) the subsistence of the copyright in that work; or (b) the title of any person in respecl of the copyrighl. whether by way of ownership, assignment or licence;

may be adduced by way of affidavit, and the production of such an affidavit by any person in those proceedings shall be primafacie proofof the relevant facts:

Provided that the Tribunal or Ihe court before which such an affidavit is produced may order the person who made the affidavit to be subpoenaed 10 give oral evidence in the proceedings, or may cause wrillen interrogatories to be submitted to that person for reply, and any reply purporting to be from that person shall likewise be admissible in evidence in the proceedings. 121 Presumptions in Infringement proceedings: literarY, musical and artistic works

(l) This section shall apply to both civil and criminal proceedings.

(2) Where a name purporting to be that of Ihe author or owner of copyright appeared on copies of a literary, musical or artistic work when it was published or on the work when it was made, the person whose name so appeared shall, in any proceedings for infringement of copyright in the work, be presumed to be the author of the work or the owner ofcopyright in the work, as the case may be, unless the contrary is proved.

(3) Where a work is alleged to be a work of joint authorship, subsection (2) shall apply in relation to each person alleged to be one oflbe authors of the work.

(4) Where it is established that copies of a literary work as issued to the public bear a stalement thaLlhe work was first published in a specified year and additionally, or altemalively, in a specified country, the staLement shall be admissible as evidence of the facts stated and shall be presumed correct, unless the contrary is proved.

(5) Where, in proceedings for infringement of copyright in a literary, musical or artistic work which is anonymous or pseudonymous, it is established that­

(a) the work was first published or made­ (i) in Zimbabwe or in a designated country referred La in section eleven; and (ii) not more than fifty years before the beginning of the calendar year in which the proceedings

were brought; and

(b) a name purporting to be that of the publisher appeared on copies of Ihe work as lirst published; then, unless the contrary is proved, copyright shan be presumed 10 subsist in Ihe work and the person whose narne so appeared shall be presumed to have been the owner of that copyrighl when the work was fint published or made, as the case may be.

Provided Ihat Ihis subsection sban not apply in relation La a pseudonymous work if the actual name of the work's author is commonly known.

(6) Where, in proceedings for infringemenl of copyright in a literary, musical or artistic work, il is eSlablished thai the author of the work is dead, the work shan be presumed 10 be an original work, unless the contrary is proved.

(7) Subsection (6) shall also apply where a work has been published and­ (a) the publication was anonymous or under a name alleged 10 be a pseudonym by the plaintiff or applicant

or, in criminal proceedings, by the State; and (b) it is not shown that the work has ever been published under the lrue name of the author or under a name

by which he was commonly known or that il is possible for a person without previous knowledge of the facts 10 ascertain the identily of the author by reasonable inquiry.

(8) A claim contemplated in­ (a) subsection (2), that a person is the owner of copyright in a work, may be made by means of the symbol

"C" in conjunction wilh the name of the person concerned; (h) subsection (4), thai a work was published in a particular year or in a particular country, may be made by

means of the symbol "P" in conjunclion with lbe year and additionany, or alternatively, the country in question.

122 Presumption in infringement proceedings: works subject to exclusive licence Where, in civil or criminal proceedings for infringement of copyright in any work which is the subjeci of an

exclusive licence, it is proved that the person alleged to have done an act which infringes the copyright did the act without the authority of the exclusive licensee, it shan be presumed, unless the contrary is proved, that he did the act also wilhout the authority or the owner of the copyright.

127 Proof of entries in Register and of things done by Registrar (I) In any proceedings before Ihe Tribunal or any court, a document purporting to be a copy of an entry in the

Regisler provided in lenns ofsection olle hundred alld nille shall be admissible on its production by any person as prima facie evidence of the entry having been made and of its contents.

IS",bseclkln amended bYKClion 7 ('Ir ACl32 or2004J

(2) In any proceedings before Ihe Tribunal or any court, a document purporting to be a slatement by Ihe Regis,,"r, certified with Ihe seal referred 10 in section ninety and giving particulars of­

(a) any proceedings before him in tenns of this Pan; or (b) the grounds for any decision or order given or made by him in terms of this Part; or (c) Ihe practice of his office; or (el) any other mailer which is within his knowledge as Regislrar;

shall be admissible on its production by any penlon as prima facie evidence oflhe facts stated in the document.

PART XV GENE:.RAl

128 No copyright under common law Subject to this ACI, no copyrighl or righl in the nature of copyright shall subsist otherwise than by virtue of

this Acl or any other enactment. 129 Devices designed to circumvent copy-protection

(I) In this seclion-­ "copy-protection" means a device or arrangement of any descriplion which is designed to prevent or reslrict

Ihe making of unauthorised copies of a work or to impair the quality ofany such copies made. (2) If a person, knowing or having reason 10 believe that the device concerned will be used to make

infringing copies­ (a) makes, imports, exports, sells or lets for hire or oCfers or exposes for sale or hire any device specilically

designed or adapted to circumvent a fonn of copy-protection that is employed or incorporated in a work in which copyrighl exists and which is issued to the public in electronic fonn; or

(b) in Ihe cOUnle ofbusiness, possesses a device referred to in paragraph (a); or (c) publishes infonnalion intended to enable or assist pen;ons 10 circumvent a fonn of copy-proteclion that

is employed or incorporated in a work in which copyright exists and which is issued to the public in electronic fonn;

he shall be guilty of an offence and liable to a line nol exceeding level live or 10 imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

ISIIbSC'CtiCln as .mended byscclion" orAt! 22 Dr2001)

(3) Whether or not a person who contravenes subseclion (2) is prosecuted for an offence under that subsection, the owner oflhe copyright in the work concerned and the person who issued copies of the work to the public shall have Ihe same rights against him as if ­

(0) he had infringed the copyright in the work; and (b) the device concerned were an infringing copy of the work.

(4) IL shall be a defence to a prosecution for an offence under subsection (2) or to proceedings brought for infringement under subseclion (3) for the accw;ed person or deCendant, 8S the case may be, to prove thaI his act was reasonably incidental to any use of or dealing with Ihe work concerned which did nol amounl to an infringement of copyrighl in the work.

(5) If, in a prosecution for an oITence under paragraph (b) of subsection (2) or in proceedings brought for infringement in respect of a contravention of that paragraph, it is proved thaI the accused person or defendant, as the case may be­

(a) was found in possession of a device specilically designed or adapted 10 circumvent a fonn of copy­ protection that is employed or incorporated in a work in which copyright exists and which is issued to the public in electronic form; and

(b) in the course of business sold, let for hire or distributed copies of works such as the work referred to in paragraph (a);

it shall be presumed, unless the contrary is proved, that he possessed tbe device for the purpose of making infringing copies of the work.

130 Removal of rights-management information (l) In this scction­ "rights management infonnalion" means any name, marle, code, number or other infonnalion which is

attached 10 or incorporated in or appears with. copyright work and which­

(a) identifies the work, tbe author of the work or the owner of any right in the work; or (a) provides information about the ternls and conditions under which the work may be used in terms

of any licence. (2) Any person who, with the intention of infringing copyright in the work concerned­ (a) removes, erases or alters any rights management information which is attached to or incorporated in or

appears with a work; or (b) sells or lets for hire or offers or exposes for sale or hire any work from which rights management

information has been removed, erased or altered; shan be guilty of an offence and liable to a fine not ""ceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

lSubsci:lIOn IS amended by section 4 ofAct 22 of20011

(3) It shall be a defence. in a prosecution for an offence under subsection (2). for the accused persOn to prove tllatthe removal, erasure or alLeration of the rights management infonoation concerned was reasonably incidental to any use of or dealing with the work concerned which did not amount to an infringement of any copyright in the work.

(4) If, in a prosecution for an offence under paragraph (a) of subsection (2), it is proved that the accused pcrson­

(a) removed, erased or altered any rights management information which was attached to or incorporated in or appeared with any work; and

(b) used or deall with the work in a manner which infringed copyright in the work; it shall be presumed, unless the contrary is proved, that he removed, erased or altered the rights management information with the intention of infringing copyright in the work.

(5) If, in a prosecution for an ofrenee under paragraph (b) of subsection (2), it is proved that the accused person­

(a) was found in possession of a work from which rights management infonnation was removed. erased or altered; and

(b) in the course of business sold, let for hire or distributed copies of works such as the work referred 10 in paragraph (a);

it shall be presumed, unless the contrary is proved, that he possessed Ihe work for the purpose of offering or exposing it for sale or hire.

131 Fraudulent reception of transmissions (I) In Ihis section-­ "decoder" means any device, component or arrangement which is designed to circumvent the device or

arrangement referred to in paragraph (b) of the definition of"encrypted programme"; "encrypted programme" means a programme which-­

(a) is included in a broadcasting service or a cable programme service broadcast or transmitted from a place in Zimbabwe or a designated country; and

(b) incorporates or employs a device or arrangement ofany description which is designed to prevent persons from viewing, listening to or receiving the programme­

(i) withoul paying the fee. however imposed. which the person who broadcasts or transmits the programme charges for viewing. listening to or receiving the programme; or

(ii) otherwise without the authority of the person who broadcasts or transmits the programme.

(2) If a person, without the authority of the broadcaster or operator of the cable programme service concemed­

(a) makes, imporls, exports or sells a decoder or lets a decoder for hire or offers or exposes a decoder for sale or hire; or

(b) in the course of business, possesses a decoder; or (e) uses a decoder to view, lislen to or receive an encrypted programme; or (ef) publishes information which is calculaled to enable or assist persons to view, listen to or receive

encrypted programmes-­ (i) without paying the fee. however imposed. which the person who broadcasts or transmits the

programme charges for viewing. listening to or receiving the programme; or (ii) otherwise without the authority of the person who broadcasts or transmits the programme;

he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six monlhs or to both such fine and such imprisonment.

)Suh$«hoo as amtnd~ h)' KCtion 4 orA~I 22 orlOOI)

(3) Whether or not • person who contravenes subsection (2) is prosecuted for an offence under that subsection, the broadcaster or the operator of the cable programme service concerned, as the case may be, shall have the same rights against him as if ­

(a) he had infringed lhe copyrighl in the encrypled programme concerned; and (b) the decoder were an infringing copy of the encrypted programme.

(4) I! shall be a defence to any proceedings broughl for an infringement referred to in subsection (I 1or 10 a proseculion for an offence under subsection (2) for the defendant or accused perlion, as the case may be, to prove thai he did not know, and had no reasonable grounds for knowing, thai the decoder concerned would be used 10 circumvenl the encryption of any encrypted programme.

132 Application of Act to works made and contracts concluded before commencement of Act (I) Subject 10 this section, this Act shall apply in relation to works made before the fixed dale as il applies in

relalion 10 works made thereafter.

(2) No acl done before the fixed dale shall constitute­ (a) an inFringement ofany copyright or other right conferred by this Act; or (b) an offence in terms of this Act.

(3) This Act shall not affect any contract concluded before fixed date in relation to any work or performance. (4) The rights conferred by Part VII shall not subsist in any perfonnance that took place before the fixed

date.

133 Act not to affect certain other rights Nothing in this Act shall affect­ (a) any privilege or right of the Stale or any other person under any other law that is not expressly repealed

or modified by this ACI; or (b) the right of Ihe State or any person deriving title from the State to sell, use or otherwise deal with

anything forfeited under any enactment, including this Act; or (e) any rule of law relating to confidential or privileged information, unlawful competition or personality

rights. 134 Collecting societies to deposit certain agreements with Registrar

(I) Every registered collecting sociely shall ensure that a copy of any agreemenl which it concludes with any other collecling sociely and which relates 10­

(a) the management of rights ofowners of copyright; or (b) Ihe represenlation of owners ofcopyright; or (c) lhe administrBtion of licence schemes;

is lodged withoUI delay at the Copyright Office.

(2) The Regislrar shall ensure that any agreement lodged in the Copyright Office in terms ofsubsection (1) is kepi available for inspection by members of the public at an reasonable times. 135 Regulations

(I) Subject 10 this section, the Minister may by regulation provide for all malters which by this Act are required or permitled 10 be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Regulations made in tenns of subseclion (I) may-­ (a) designate countries and internalional organisations for the purposes ofanyprovision of this Act; (b) provide for the issue ofcompulsory licences permilting­

(i) the reproduction, publicalion, performance or circulation, by educational institutions, of any work; or

(ii) the translation of any work for the purpose of teaching, scholarship or research or for use in a broadcasl for any such purpose:

Provided that the acts authorised by such a licence shall not conllict with a normal exploitalion of Ihe work concerned, nor shall any such licence unreasonably prejudice the legilimate interests of the owner of the copyright in the work concerned;

(el provide for lhe establishment ofone or more schemes whereby-­ (iJ • levy is imposed on-­

A. the sale of blank record. which can be used for the recording of works in accordance with sectionforty-cne orfOl·ty-MO; or

B. Ihe use of any apparatus or process for reprographic copying by educational institutions and libraries which reproduce or are likely to reproduce works, whether in accordance with seclion twellty-five or olherwise, or in accordance ,vith a compulsory licence referred to in paragraph (a);

ond

(ii) the proceeds of any levy referred to in subparagraph (i) are paid to or for the benefit of authors and performers whose works or performances are being or are likely to be reproduced in terms of section forl)'-<Jne or forty-two or by an educational institution or library referred to in subparagraph B ofsubparagraph (il or under a compulsory licence referred 10 in paragraph (a);

(d) declare im'alid any term or condition in a licence or licence scheme which, in the Minister' s opinion­ (i) is not reasonably necessary to protect copyright or any other right conferred by this Act in a

work; and (ii) unduly restricts the rights of any licensee;

(el prescribe the classes of works in respect of which collecting societies may be registered in terms of Pan X;

(f) confer powers on the Registrar in regard to the settlement of disputes regarding infringement of copyright or the terms and conditions ofany licence or any assignment ofcopyright;

(g) prescribe fees payable in respect of any notice given to the Director of Customs and Excise under section sixty, and the reimbursement of the Director of Customs and Excise for any expenses incurred in detaining any articles in consequence of any nolice or order under that section.

(3) Before making regulations referred to in paragraph (e) of subsection (2) providing for the imposition of any levy, the Minister shall consult the Ministers responsible for finance and trade.

(4) When making any regulations in terms of subsection (1) the Minister shall have regard 10 Zimbabwe's Obligations under any international convention, treaty or agreement relating to copyright.

(5) Any person who is aggrieved by­ (a) any compulsory licence issued under regulations referred 10 in paragraph (a) of subsection (I). or any

refusal or failure to grant such a licence or any term or condition of such a licence; or (b) any scheme established by regulations referred to in paragraph (b) of subsection (2), or any act done

under such 8 scheme; or (c) any regulations referred to in paragraph (e) ofsubsection (2);

may refer the matter to the Tribunal, and the Tribunal may make such order as the Tribunal delermines to be reasonable in (he circumstances.

(6) Without derogalion from subsection (5), the Tribunal may­ (a) declare any regulalions made under subsection (I) to be void, irin the Tribunal's opinion they could not

have been made under Ihis Act; or (h) recommend 10 Ihe Minister that he amend Bny regulalions made under subseclion (1) ;

and the Minisler shall pay due regard 10 any such declaration or recommendation.

(7) Seclions one hundred and eleven. one hundred and twelve, one hundred and fourteen and one hundred and fifteen shall apply. mutatis mutandis, in regard to any reference in lerms ofsubseetion (5). 136 Repeal of Cap. 26:01 and savings

(I) Subjecl to subsection (2), the Copyrighl Act [Chapter 26:01] is repealed. (2) Any assignment, licence or scheme which had e(fect under the Copyright Act [Chapler26:01]

inunediately before the fixed date shall be continue to have the same effecl, nllltatis mutandis, in tenns of the appropriate provisions of this Act.

(3) Any copyright, and any assignment of or licence issued in respect of any copyright, which subsisted immediately before the fixed date may be registered in terms of Part XI:

Provided Utal any application for such registration shall be made within one year after the date of commencement ofPart XI.

FIRST SCHEDULE (Section 97 (8)

PROVISIONS ArflUCAOLF TO COPYRIGHT AND NElOJIBOUJUNG RIGltTS COLLECTING SOC'IETV OF21MBABWE BOARD

ARRANGEMENT OF PARAGRAPHS PnraJ!.raph

I. Disqualifications for membership of Board. 2. Terms ofoffice and conditions of service of melnbers of the Board. 3. Vacation of office by appointed menlber. 4. Filling of vacancies on Board. 5. ChaiIperson and viccx:bairperson of the Board. 6. Meetings and procedure of Board. 7. Staff ofBoard.

Dij'qunl(licatiollsfol' membel'Ship ~rBoord

1.(1) The Minister shall not appoint a person as • member and no person shall be qualified to hold ollice as an appointed member of the Board if ­

(a) he or she is neither a citizen of Zimbabwe nor ordinarily resident in Zimbabwe; or (b) he or she has been adjudged or otherwise declared insolvent or bankrupt in terms ofa law in force in any

country, and has not been rehabilitated or discharged; or (e) he or she has made an assignment to or arrangement or composition with his or her creditors in tenns of

a law in force in any country, and the assignment, arrangement or composition has not been rescinded or sel aside; or

(d) within a period of five years immediately preceding his proposed appointment he or she has been sentence~

(i) in Zimbabwe, in respect of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have

constituted an offence; to a term of imprisonment of not less than six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon; or

(e) he or she has been convicted­ (i) in Zimbabwe of an offence involving dishonesty; or (ii) outside Zimbabwe, in respect of any conduct which, if committed in Zimbabwe, would have

constituted an offence involving dishonesty; and sentenced to a fine of any amount or to a teml of imprisonment of any duration, whether or not any part of the scntence has been suspended

(2) A person who is­ (a) a member of Parliament; or (b) a member of two or more other bodies;

shall not be appointed as a member of the Board nor shall he or she be qualified to hold ollice os a member.

(3) For the purposes of paragraph (b) of subparagraph (2), a person who is appointed to a council, board or other Agency which is a body or which is responsible for the administration of the affairs of a body shall be regarded as a member of that body.

Terms ofoffic.~ and conditions ofs~rvic.e 0/members of&Jnrd

2.0) An oppointed member shan hold office for such period, not exceeding three years, os the Minister may fix at the time of his appointment.

(2) On the expiry of the period for which an appointed member has been appointed he or she shall continue to hold ollice until he or she has been re-appointed or his or her successor has been appointed:

Provided that a member shall not conlinue to hold office in terms of this subsection for more than six months. (3) A person wbo ceases to be • member of the Board shall be eligible for re-appointment. (4) Members shall be paid such remuneration or allowances as the Minister may fix.

VacQtion o/Dffice by appointed members

3.(1) An oppointed member shall vacate his or her office ond his or her office shall become vacant­ (a) one month after tbe date he or she gives notice in writing to the Minister of his or her intention to resign

his or ber office or after the expiry ofsuch other period ofnotice as he and the Minister may agree; or (b) on the date he or she begins to serve a sentence of imprisonment, wbether or not any portion has been

suspended, imposed without the option ofa fine­ (i) in Zimbabwe, in respect of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have

constituted an offence; and (c) if he or she becomes disqualified in terms of subparagraph (a), (b) or (e) of subparagraph (I) of

paragraph lor in terms of paragraph 2 of that paragraph; or (d) if he or sl,e is mentally or physically incapable ofefficiently exercising his or her functions as a member.

(2) The Minister on the recommendation of the Board, may require an appointed member to vacate his or her office if the Minister is satisfied that the member has been absent without the consent of the chainnan of the Board from three consecutive meetings of the Board, of which he or she has been given at least seven days' notice, and that there was no just cause for the member's absence.

Filling ofvDcancieJ.· on Board

4. Within three months after an appointed member's death or vacation of office, the Minister may appoint a person \0 fill the vacancy.

I I I

Chairpel3'OIl and vlce-clla;rperson ofBoard

5.(1) The Board shall designate one of the appointed members as chairperson and another appointed member as vice-chairperson, ofthe Board.

(2) The chairperson and vice-chairperson of the Board may at any time. by written notice 10 Ihe Minister. resign their offices as such.

(3) The \;ce-chairperson shall perform Ihe functions of Ihe chairperson whenever the chairperson is unablc to penorm them or the office of the chairperson is vacant.

Meeli/lgs and p.'ocerillre ofBoard 6.(1) The Board shall hold its first meeting on a date and place fixed by the Minister, and thereafter shall

meet for the dispatch of business and adjourn, close and olherwise regulate its meetings and procedures as it thinks fit:

Provided that the Board shall meet at least four times in each financial year. (2) The chairperson oflhe Board­ (a) may convene a special meeting of the Board at any time; and (b) shall convene a special meeting of the Board on the written request of the Minister or not fewer Ihan

three members, of the Board, which meeling shall be convened for a dale nol sooner Ihan seven days nor later than thirty days after receipt of such request.

(3) Written nOlice of a special meeling convened in tenns of subparagraph (2) shall be senl 10 each member of Ihe Board not later Ihan forty-cighl hours before Ihe meeling and shall speeify Ihe business for which the meeting has been convened.

(4) No business shall be discussed al a special meeting convened in terms ofsubseelion (2) other Ihan­ (a) such business as may be determined by the chairperson of the Board, where he or she convened the

meeting in terms of paragraph (a) of subparagraph (2); or (h) Ihe business specified in the request for the meeling , where the chairperson of the Boord convened the

meeting in terms of paragraph (b) ofsubparagraph (2). (5) The chairperson of Ihe Board or, in his absence the vice-chairperson, shall preside at meetings of the

Board: Provided that, if the chairperson and vice-chairperson are both absent from any meeting of the Board, the

members present may elecl one of Iheir number 10 preside at thaI meeting as chairperson. (6) A majority of members shall form a quorum at any meeting of the Board. (7) All acts, matters or things authorised or required to he done by the Board may be decided by a majority

vote at a meeting of the Boord at which a quorum is present. (8) At all meetings of the Board each member present sball have one vote on each question before the Board: Provided that­ (C/) in the event of an equality of votes, the chairperson or person presiding shall have a casting vote in

addition to bis deliberative vote; (h) no member shall take part in the consideration or discussion of, or vote on, any question before the

Board wbich relates to his or her vacation of office as a member. (9) Any proposal circulated among all members of the Board and agreed to by a majority of them shall have

the same effect as a resolution passed at a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board:

Provided that, if a member requires that any such proposal be placed before Ihe Board, this subsection shall not apply to tbe proposal.

StaffojBoard

7.(1) The Board sball appoint on such terms and conditions as it thinks fit ­ (a) a Director who shall be responsible for­

(i) the efficient management of the activities, funds and properties of the Board; (ii) general authority over the conduc1 IIJ1d discipline of the Board's staff

(b) such number ofinspeetors and other officers as it considers necessary 10 carry out inspections and insure the enforcement of this Act; and

(2) The Board shall ensure that every inspector is provided with a documenl identifying him as an inspector. (3) Inspectors and other officers shall exercise their functions under this Act to ensure through monitoring,

Ihal­ (a) there is no abuse or infringement of the copyright or neighbouring rights; (h) restrictions On importation or exportation ofcopies of reserved works of folklore arc observed; and (e) licensing procedure of reserved works of folklore are adhered to; (d) to ensure that copyright fees from users ofa work are collected in lime;

(4). Subject to this paragraph, an inspector may. for purposes of enforcing this Act, at all reasonable times and without warrant or previous notice­

(a) enter any land, premise, vessel vehicle or any other place in Zimbabwe to delermine whether the provisions oflhis Act are being complied with;

(b) take or remove samples or articles for purposes of lest Provided that the owner or occupier of any land. premises, vessel, vehicle or other place shall be notified of any samples so laken or removed;

(e) seize any article or other thing which is believed Lo have been used in the commission of an offence under Ibis Act;

(e) require the producLion of and, inspecL, examine or make copies of any licence, records or oth.. documents issued or required to be kept in terms oftbis Act.

(5). The powers of an inspeclor under subparagraph (0) of subparagraph (4) shall not be used in respecI of\ I I

any place Ihat is a private dwelling or any part of a place that is designed to be used and is being used as a dwelling ploce excepL­

(a) with the consent of the occupier of Lhe dwelling place; or (b) in tenns of a warranL issued in terms of section 50 of the Criminal Procedure and Evidence Act

[ClluplerY:07).

SECOND SCHEDULE (Section 97(8»

PROVI!,TON5 APPLICABLETO FINANCE."i RHATI~GTo A COPYRIGHT AND NaGHOOURINQ RtGIITS COl1.f:MINGSOCIFrY OF ZlM9AD\\'~

ik1ARD

ARRANGEMENT OF PARAGRAPHS Paragraph

1. Funds of the Board. 2. Investment of moneys not immediately required by the Board. 3. Financial year of Board. 4. Books of accounts and audit.

Funds oflire Bonrd 1.(1) The Board shall establish a general fund where­ (a) moneys received by the Society shall be deposited; (b) payments required to be made by the Society may be effected.

(2) The Board may in the discharge of its functions and in accordance with the terms and conditions upon which its funds may ha,'e been oblained or derived, charge to the general fund all remunerations allowances, salaries, fees, gratuities working expenses and other charges properly arising.

(3) There shall be seed money which shaH be appropriated to the society by Parliamenl. {,wcstmenl olmoneys not immedialely required by Board

2. Moneys not immediately required by Ihe Board may be invested in such manner as the Board may approve.

Finrmcial year ofBoord

3. The financial year of Ihe Board shall be the period of twelve months ending on the 31" December in each year.

BoolcJ o/accounts and audit

4.(1) The Board shall ensure that­ (a) proper accounts and other records relating to such accounts are kept in relation to all the financial

transaclions; and (b) in respect of each financial year­

(i) a balance sheet; and (ii) a statement of the transaclions referred Lo in paragraph (a);

are prepared without undue delay. (2) The accounts of the Board shaH be audited by the Comptroller and AudiLor-General. who shall have all

the powers conferred upon him by section 9 of the Audit and Exchequer Act [Chapter 22:03) as though the assets of the Board were public· moneys or State property

(Iwh I1l~Ut.l.a\\ DCH'lu[lmcl1l Cummi:-.siuII, Zimb.. l",.:. Emnil: Iclc{ir'gUt.~o\,l\\

Statutory Instrument: 256 of 20006

Copyright and Neighbouring Rights Regulations, 2006

ARRANGEMENT OF SECTIONS

SI1J6J10Olo

Set.'/io" I. Title. 2. Interpretation. 3. Application for copyrighland neighbouring rights. 4. Address for service. 5. Method of service. 6. Decision of Registrar. 7. Application entry ofassignmcntand transmission. S. Entry into register. 9. NOlification.

10. Substitution 0 an applicant. II. Application for registration ofa licence. 12. Notificalion of registration orlicence. 13. Licensing of reserved works of folklore. 14. Collecling Societies. 15. Restoralion of the society on Ihe register. 16. Fees. 17. 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 Ncillhbouring Rigbts Act (Chapter 16:05] made tbe following regulations:­

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

1. Interpretation In these regulations­ "form" means a fonn prescribed in the First or Second Schedule or any fonn substantially in accordance wilh a

fonn so prescribed.

3. Applielltion for a I:I)pyright and neighbouring rights (1) An application to Ihe Copyrighl Office for the registration of a copyrighl shall be made in Fonn CNR I and

shall be typewrillen, lithographed or printed in the official language. (2) Excepl 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. (3) An applicant or any person who is required to complete any forms in terms of these regulations shall Slale

thereon all particulars specified on such fonus 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 Zimb.bwe.

5. Method ofservice Where any notice, application or olher document is required to be served on any persall in lenus of these

regulalions, such service may be effected by delivery of a copy thereof­ (aJ at the address for service furnished to Ihe Registrar in tenus of section 4; (b) to such person personally or to his or her duly authorised agent: or

(e) atlhe residence or place of business or employment of such pernon or to some responsible pernon residing or employed thereat.

6. Decision ofthe Registrar (1) 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. (2) 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 entty ofassignment and transmission (I) An application for the regislnltion 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. (2) Subject to subsection (4), an application in terms ofsubsection (1) shall ­ (a) contain the namc, trade or business and the description of the person claiming to be entitled 10 Ihe copyright

work, and (b) state whelher or not the assignmenl is limited I<r­

(i) some oflhe assignor's rights, or (ii) a part of the term of copyright, and (in) a specified counlry or geographical area

(3) An application in terms of subsection (I) shall be accompanied by a certified copy of the instrument, if any, under which the title is claimed.

(4) Where, in Ihe case of an application made in terms of subsection (I), 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 direcls furnish a slalement of case with his or her application, selling forth Ihe full particularn of facts upon which his or her claim to ownmhip of Ihe work is based and showing that the work has been assigned or transmitted to him or her.

(5) If lhe Registrar so requires, the statement referred to in subsection (4) shall be verified by way of an affidavit in form CNR 2.

8. Entty in register (I) When the Registrar is satisfied as to the title of the person claiming 10 be regislered, he or she shall cause the

pernon to be registered as the owner of the copyright work in respect of the relevant class and shall enler in the Regisler- .

(a) the name, trade or business address and description flhe owner; and (b) particularn of the assignment or lransmission; and (c) slatemenl showing the limitation, if any, to the scope of the assignment; .and (d) the date of tile publication or the date at which copyright prolection begins.

(2) Where, subject to section 14, dilTerent pernons become regislered separately under the same official number as subsequem owne", of the rights, each of Ihe resulting separale registration shall be deemed 10 be a separate registration for the purpose of the Act.

9. NotificllliDn The Regislrar shall notify in writing the assignee oflbe recording oflhe assignment in the register.

10. Substitution ofan applicant Where lhe Registrar is satisfied that there is good reason for substitution of an applicant in respect of a copyrighl

work, he or she shall approve the substitution subject to such conditions as he or she Ihinks fil and he or she shall notify the applicant Bccordingly.

11. Application for registration ofa licence (I) An application for registration of a licence in terms ofsection 49 of the Act shall be made in farm CNR 3 Bnd

shall be accompanied by a fee prescribed in the Second Schedule. (2) An application in terms of subsection (I) sh.lI ­ (a) have Ihe name, address and nalionality of Ihe licensee, Bnd (b) have full particulars of instrumenI, if Bny, under which the interest is claimed, and (e) be accompanied by an affidavit made by the owner, stating the paniculars of the relalionship between the

owner and Ihe licensee Including particularn whether Ihe 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 ofregistration oflicence 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 ofreserved works offolklore (I) An application for the registration of a licence on reserved works offolklore shall be made in form CNR 4. (2). An application in terms ofsubsection (I) snall ­ (a) contain Ihe name, address and nationality of Ihe licensee, and (b) be accompanied by an instrument under which the licence is claimed; and (c) be accompanied by any other document that the Registrar may require.

11/. Collecting societies (I) An application for the registration of a collecting society other than tbe Copyright and Neighbouring Rights

Collecting Society ofZimbabwe shall be male in form CNR 5 and be accompanied by a fee prescribed in the Second Schedule.

(2) An application in terms ofsubsection (I) shall contain the following information­ (a) name and business address of the society; and (b) informalion as to the legal status of the society; and (e) the class or classes of works that the society owns Ihe copyright or whose copyright Ihe society represents or

intends to represent, the rapatoire the society represent in Zimbabwe; and (d) the memorandum and articles of association of the company, and (e) a schedule containing the names, addresses, nationalities and qualifications of each of the management

commiuee members; and (t) a statement of financial posilion of the society as pre scribed in Form CNR 6; and (g) a declaration by the management commillee of the society's ability to ensuring the enforcement of the rights

of the owners of the copyright, and (iI) a schedule of names and addresses of copyright owners that the society has nmning contraclS, in the dates

when those contracts expire; and (i) the constitution of the society.

15. Restoration ofthe society on the regisler (I) 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 restoTOtion on the Register and shan pay a ree as prescribed in the Second Schedule.

(2) An application in terms of subsection (I) shall be accompanied by­ (a) an affidavit giving reasons for the society's non-<:ompliance with these regulations or the Act which resulled

in its removal from the Register.. (b) 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 Scbedule, as

amended from time to time by the Minister, have been paid.

17. Designated countries The following shall be designated countries­ (a) any member of the Berne Convention for the Protection of Copyright Works; (b) any member of the Agreement on Trade Related Aspect ofIntellcetual Property (TRIPS Agreement).

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

FORMS PAilTA... .

APPUCAl'lON FOR A COPYRIGHT AND NEIGHBOURING RIGHTS

CNRFORM1

Secti!ln-4li of Act

Section 7(5) of RegulatiOl\$

AFFIDAvrr

TO: Registnr ofCopyriaht " Ncicbboolnng Riah15 HARARE'

FOR OFFICIAL USE

Received on ............................

\

1. INTHE MATIER d'F: ..............:.................................................................

.Reg/Application No.:•....••...••..•...... Filing date .•....................,........ . .

ntle oC worle: ................................. Reg. date ..................................

Category ofwork: ...........................................................................:........... . .

2. 1.................................................._. iD my caplCitY as ........................... of ....:...............................................:........._..............................................................

do horeby make 0IIh u.s I ..er oS fonows: ....................................................................,..............................................:........................ ················..······....·;···....···················1··.......................,......................................................... .........,......................................................................................................................,.......... ,

...................................................................................................................1....................... .

Siped 1UId Sworn 10 before ..at .:...............this ...............day of .............20.................

SipalV1: of Deponent

)\JI\U:e.of the PcacoIColDJDissiollCl" of Oath"

Nolary Publif.

PARTB • I

APPLICATION FOR ASSIGNMENT AND TRANSMISSION

CNRFORM2 FOR OFFICIAL USE'

Section(s)-46 ofAct

ScctioJi{s) 7(1) of Regulations

Rocclved on: ................................. APPLICATION FOR REGISTRATION OF SUBSEQUENT OWNER

TO: Registrar of Copyright and Neighbouring .1--------.......;- ­ Rights HARARE APPUCANT'SIAGENTS REF;•......•...

1. IN 1HE MA'ITER OF APPLICATION FOR COpVIUGHT

Reg;sIIation No:..................................... . Filing dale: .................,., ..................

TIUe of wort.: .........:.:............................ RczjatraIion dello: .............................

Calegory of wort.: ....................................................................................................., . 2..PRESENT ON RECORD (ASSIGNOR)

Name: .............................................................................................................................

AddreSs: .........:................................................................:................,......................

3.(a) APPLICATION

The owner(s), below-identified, beJeby applia(y), for·the enlry in \he register of their n&mc in respect of the abovc-meillioned cop)'right as from............................. being the dale o(aquisition ownership.

(b) lIWe"", entiUed to the Copyright by virtue of-

the original or a cenified copy of the assiglllllCllt, signed by or OIl behalfofo the conlnlcting parties o other documents evidencing the change of oWnuship (specify) o other (specify)

4. NEW OWNERS (ASSIGNEE)

Name: .............:................._......................... Nationality: .....................................

Address: ........., .........................................................................................................

C';lUnlry ofResidence ofPrincipal place of buSiness:............._................................ .

S. SignlllUteS................................. Date: ...................................

Assignor(s)/.Agent fur assignor(s)

A..ignce(s)lAgcnt for 88Signce(.):................. Date: ................................... Address for service (assignee), .........................:......................................................

PAIIre

APPUCAnON FOIl REGISTIlAnoN OF ALICENCE

~fORM3

.Sa:Iicm(I}-49 ofAcI

Sedioa(I) 11of~ .

APPUCATION POR REOt.n1tA11ON Of A'UCENj:E . IN 11!RMS OF SEC110N 49 OFntBACT

TO: ResiIInr of CopyrlaIII ai.tNci~ RlabIII HAItARE

fOR OFPICIAL USB

'Received 00: ........... ......................

1Je-mis....Aptm: ........ 1. 10 themallerof-.plicaLioo fIJI' mJllll'aUOII ofa lic:encc in _ of 1eC:Iio1l49 ofI ! IbeAaI

Itcgi.IInIion No:................................... fi!IQg date: ......................;..........:....

nileof wadi:: ..........;....,....................... fIqJjiInIioD USe: ............................ CGqory of'WOl1c ..................................................,.............~.................................

1.~HaIK: ................................... ...._...._ ........._..............................

.AdIdraa: ~.................................................................................................................... ....... ... h . . . . ........._ .......... ~............... ........ ....._ .............. ........................... . . .....

, 3. Ucenoee's N_: ...................................... NIIiooaIiIy: ......................................

Addraa: ................:.................:...............................................................................:

~iw:ipII ,..orbulD.s:.......................................................................

4. APPUCA110N .

(0) n.. ...... ;1 r6ed ............... .....,joiMlalw· .' whh ...... .., ......JIIIoaoo Il1O)'""~ ill JapICtofIl1o .........idoati6ed oapyriJIn IUbjo<t 10 1110 r..u-;., ft or ._idiao•.

(II) 11Io...,...t_~Iiomoo....CD-___ ..dot~_~•..JiowIIIou liIIIiI~period.

(e) 1110 ........ willlWlllaat be 011 caduai'"u..-. 5. nrusDONEANDSI~AT........_.......IhiI ....:..........dayof.............20................

Addnu for service:...........,.............:........... ....................,...................................

AaJljram(I)!Apl for !!II!!¥'<.i

PARTD

APPLICATION FOR REGISTRATION OF A LICENCE OF RESERVED WORKS OF FOLKLORE .

CNRFORM4

Sectioo(sHl5 ofAcl

Section(s) 13 of Regulations

APPLICATION FOR REGISTRATION OF . AUCENCI! IN'rnRMS OF SECTION as OF THE ACT. . to: ll.gi.lJV of Copyripl and NeishbouriDs RiPII

HARARE

FOR OFFICIAL USE

Received on: .................................

u.emcc'''Aacnl r.t: ........

1. In lbe matte, of applicltion tor regislIation'ofa licence in lerros of section 85 of lheAct .

RegistratiOD No:..................................... F't1iog date: ......................................

'TItle of work: ........................................ Regisln!tion date: .............................

C8ICgmy of wotlt: ...............................................................................,.....:.............

2. OwnerslLic:easee name: .......................................;,;.................................................., Address: ...:.....................................................:........................:............................... ..

...................................................................................................................

3. Uten"",', name: ...................................... Naliooality: ...................................... . Address: ..........................................................................................;........................ .'

DomicilclPrincipal place ofbusineos:.......:,....:.................:.......................................

4. APPLICATION

(I) 'Ill< liccnsoo(.~ bc:reby ·~PPties(y) for lho "';SlnnOll of lho Iicr.oce in n:spoc:t of !be •

_·iclealiflOCl n:served nwt(5) of lho foll:lme subject lo !be fotlowiQl contilioo(.i.

(b) IIWe _ OIIIlllod 10 lho~ wad< offolklble by yiJwc of:

D III. lCOOIIIJIIIIyi", licence. D Any DIher _nl ~pecify.

5. THUS DONE AND SIGNEDi>J...."...........this ....:..........day of.............20........:.......

Address for service:.................................... .

Applicant(s)lAgent for applicant(s)

P..urrE

APl'UCATION1!CiR~'nON OF A CQl.U!Ct'ING SOOETY 0'l'HER THAN COPYIOOIIT AND NEIGHBOUIUNG RIGHTS cetLECI1NG SOCIETY

. OF ZIMBABWE, .

; CNRfORM' _ 92 or die Act _ 14 of Rep\oIiCIIII

~11ONNo.

.. . . . IUGH1'S AHDNI!IOIIBOIlaINO NIIfIl5 COUJ!C11NQ SOCiBI i OF~W\!

1. ~~CO"""SocicI:J: " ,,,,,:,.•._ :....._...,,..............._.............,............_..........~...._ _ ... .....

2. 1.ApJ"": .••.._.._ .._..._ ............................................................_...................... .......: J. Put . , padid&~ ....___..__..._•._ ......._ .._......__._.___ .. ....._._._

4. 8\111iaea 1IId:n:a: ..................._ ..........,_.•~..._ ........_...........,.................:............................... _...._.........._._.- ..........._-...._..-..-.-_.....................-........................................,......._....... ' .

5. ..__..~ (.~...........--.. .() .._........-.._...... (e) :_............. (eI) ...........................-"""~ Calloo<:<foia.~..

6. ~",.~..­ • (0).._ ......:.._.. () ...:....:.................

~')ia?j neae (c) ........._...... (01)..........................

A....__ -=·Cfkh....;IQ W

M.............. cd IllicIOo ;I. I' O(dIe~)' 0 . S_offt-al~-";.~.~ O· • 1 M\e of _ .l1li\~!lf <cq>yright _Ibaldie....., las~ ...pity~ar O.iroi4c1a!to of A ..............._.' .~~ ... qt-"! . u of m·MA ,.,.. COIIdi:. F " , . 0 Decllnlicm by die~~tU>t of lIItooeiety', abilityla_die..,.. 0tWlborighlSoflbO_of.c:opyriabt c-cituIiaa""Ibo....,. 0 .

( . IloIaIIbio .......................... ...AIoy of ................................20...................

............-... .. .......~..................­ . 1ofIlI_IIApitfat"',. • I

A_ for oorvieo'............................................................................................................ .

PARTP

flNANClAL STA'I1!MENT OF A~ SOCIl!TY

1IEOISTRA11ON1(0.

Sectioa..................of die Ad.

Section 14(3) ofReplllloaa •

CNRI'ORM6

I'1NANClAL STA'I1!MENT OF ACOll..ECI1NG WCIE~ l'

TO: ltqpmwof~udl/.oll'7 . ...

I. N__ ofCDlloaiolt Soeiety: ................................. .:...__..................:.... ._ ............... ...._... , '.

2. B__ oddrao: ......................................._ .._._.......... ..__............_......_._ .._ ...:.......... ......

• 3. CIuoaofWOlbowaal ... . (.)..~._........ (11) ..............- ........

,+ " , .

by C»I!rrtinI SacieIy • (0) ...._ ..._... (II) _._...._ ••._.~

4. ~bSac:Ht, .. = ('>--'-"-'.'.' (11) ...- ••--•.:. ­ (lIapoIain:7) m~ (e) ~..._........ (11)...:......- ........ .....

, .

~. ~ 51 " ,'arb CoDecsjn8 Society far die~ cad: .......................__.__......._ .......................................... . .

AiI8Cbod_ .oue: (1ld dw ."",...-) • AudiIDd fiDaacW ._11,.. ...C"'1cctina Soc:iIIy o ASdw+.... com'joinS D8IDeIt J ; f i JaaIionaljtW .ad 8 . MAaaIioas of m.n'.....' collllDJaee 1IiieIIDa, 0 Schedule ofumes &ad addr II afcopyright 0WIIaIe. . die Society bu NIIIIIDa__ ad doueo ofapiry~ o •• Mcmotiillllwu ad articla af iM"'d,.... of die CiIIIIjWa) 84or

'COIIICiIuIioII ofcbe Collectlaa SadIIty o Doled 1his ..............................day of ................._.............:JiO.._.............

,

,..­ ...- .............................-~ . .

Addresa ror 1a'Vi.ce:............................................................................_,._._............... .......... ..................../ .........................................................._-...........................

• Pi1wIeiaJ l(alemea/llhauid IIdadI, ""., IIIJtJ, I" . nP vi .._00,__" ia fiIIIIroUry ..6mcIa. haD............ I'M IIaf--. _ .... mIIt!epCilt..'

.••!.odae if Ibex are lIlY'" I' _ III ar\iiDaI ...........

-PARTG

I FlNANaAL STA'I1!MBHT Of ACOl.l.ECTING SOCIETY I

CNRFORM7 RBGISTlVJION NO.

I !lercim ...........:ft..•ofdie,..SccIioA is ofRqul8doDs . DAlE STAMP

APPUCAll0N POll' ItBSTORATlON ()1111II! RBGISTEI. fOIl ACOUJ?CT1NGI I socmrY , .. TO; ....oI~ .... ,..iIH 'tal" t. N_urN........ SaoioIJ,: .........................._."......._......................._.......................__.......

1. J..eaaI""~ .............................."........................_.........._.............................:......................_..

3. 11__......, ...._."..................,.......................................................:............................... .........._-......................-...............................................................................-............................I I

. 4. a...oIM11b........,or (.:1.._................. (b) ............_............. (0) :_.....:........... (d) ._........._.............'... kn,yCal""Vnl ScdoIy

,. 0.., ur_01 &am~ ..:.............................................:.................................................

o o

OdIc"""_\I (pIeue 1peCify): .................................................:................... 0 :::::::::::::::::~:::::::::::~~:=::::::::::::::::~:::::::::.::::::::::::::::::::::::::::::::::::~::::::::::::::=:::::: 0

iloilo! tbia ..............................lI&y of ................................:20..,................ ................................................ AppIicaIIIIApt for lppJiC8llt

Addn:8I for ecrtiI:c:....._ ....................................:.........................................................., , -~..........-.....-..... ............-...................................................................

SECOND SCHEDULE (Section 16)

Tirla

Application for regi.tr.tion of. subsequent owner

Application f registration of. licencc in tenns of

section 49 0 f the Act

Application for registration of a licence in tenns of

section 85 of the Act

Application for registration of a Collecting Society

Return on Financial Statement of a Collecting

Society

Application for restoration ofa Collection Society

FEES US ZW

$ S

200 5000 000

200 5000 000

200 5000000

200 7500 000

200 2500000

200 7500000