- Part I Preliminary Provisions
- Part II Scope of Copyright Protection
- Part III Ownership of Copyright
- Part IV Transfer of Ownership of Copyright
- Part V Registration of Works and Contracts
- Part VI Protection of Neighbouring Rights of Performers
- Part VII Infringement of Copyright and Legal Consequences Thereof
- Part VIII Final Provisions
The Copyright and Neighbouring Rights Protection Act 1996* TABLE OF CONTENTS**
Articles
Joint Works................................................................... 40
Power to Make Rules and Orders.................................. 41
Title and Commencement
1. This Act may be cited as the Copyright and Neighbouring Rights Protection Act Added by 1996 and it shall come into force upon signature.
Repeal and Saving
2. The Copyright Protection Act 1974 is hereby repealed but all regulations, orders and rules made under it shall remain in force until amended or repealed in accordance with the provisions of this Act.
Interpretation
3. In this Act, unless the context requires otherwise:
“Adaptation” means such acts as conversion of a novel into a dramatic work and vice versa; in relation to computer programs it means making of a version whether or not in the language, code or notation distinct from the original version.
“Broadcasting organization” means the legal entity which takes the initiative, organizes, finances and effects the act of broadcasting.
“Broadcast” means transmission by wireless means of sounds or images or both.
“Computer program” means a set of instructions expressed in any language, code or notation, with or without related information, intended to cause the device having an information processing capacity to indicate, perform or achieve a particular function, task or result.
“Data bank” means an electronic body of data processed and systematized with the aid of a computer for storage and retrieval purposes.
“Fixation” means the embodiment of sounds, images or both in material form sufficiently stable or permanent to permit them to be perceived, reproduced or otherwise communicated during a period of more than transitory duration.
“Sound recording” means any exclusively aural fixation of sounds of a performance or other sounds in a material carrier such as tape, disc, etc.
“Copyright” means all or any of the rights mentioned in section 8 of the Act and includes other similar rights.
“Neighbouring rights” means rights of performers, producers and broadcasting organizations (radio and television).
“Performer” means actor, singer, musician, dancer or any other person who acts, sings, delivers, declaims, recites, plays or otherwise performs literary or artistic works, including puppet show, variety and circus artists.
“Rules” means the copyright registration rules issued by the Minister in accordance with the provisions of this Act.
“Cable” means a material carrier of sounds or images or both such as coaxial cable, optical fiber or similar carrier.
“Registrar” means any person appointed by the Minister to supervise over the register of works and contracts for transfer of rights and the execution of such duties as may be assigned to him by the Minister in accordance with the provisions of this Act.
“Producer” means the person or legal entity who has taken the initiative to organize and finance production of an audiovisual work or sound recording.
“The Minister” means the Minister of Culture and Information.
“Author” means any physical person who created the work and under whose name the work has been published by any means known or to be invented in future unless there is proof to the contrary.
“Work” means any work whether literary, theatrical, musical, singing, any portrait or decoration, sculpture, design drawing, engraving, picture, recorded tape, phonogram, song or cinema film which has not been published before and which has been registered in accordance with provisions of this Act.
“Communication to the public” means the operation by which sounds or images or both are transmitted by wire or other material carrier for reception by the public.
“Publication” means lawful reproduction of a work or of an audiovisual or sound recording in any material form and distribution of copies thereof to the general public by sale or otherwise.
“Official documents” means the official documents issued by the State or its institution, corporation or unit and which, by virtue of their specialization, are issued for publication to the public, including laws, Presidential or administrative orders, international agreements and judicial judgments, but not including military documents, secret agreements and deliberations of secret sessions in courts or legislative bodies.
“Corporation” means the National Corporation for Culture and Arts.
Application of the Act
4.—(1) Subject to the provisions of Part IV, the protection prescribed by this Act shall extend to:
(a) works of Sudanese authors or of aliens which are published or otherwise made available to the public for first time in the Sudan; Works Covered by the Protection
5.—(1) Subject to the provisions of Part IV of this Act, the protection prescribed by this Act shall without fulfillment of any formality apply to any original intellectual work in the field of literature, science and arts whatever the manner of expression, value or object of such work is and such works shall in particular include: Works Not Covered by the Protection
6. The protection prescribed by this Act shall not extend to: (c) daily news or occurrences of like nature published in newspapers, magazines or other periodicals or broadcast by radio or television;
(d) ideas, methods, state emblems and symbols.
7. National folklore of the Sudanese community is deemed to be the property of the State.
(2) The State represented by the Ministry of Culture and Information, shall endeavor to protect works of folklore by all legal ways and means, and shall exercise the rights of an author in cases of mutilation, transformation and commercial exploitation.
The Copyright
8. The author of work shall have the following moral and economic rights: used; 9. The rights prescribed in section 8 of this Act shall be vested, in the first instance, in the physical person or persons who created the work.
Author’s Name
10. Where a work does not carry the name of an author or carries an unknown pseudonym or is published anonymously, the publisher shall be deemed the owner of economic rights of the author for the purposes of exercising these rights until the author reveals his identity.
Joint Works
Title and Commencement 1
Part II: Scope of Copyright Protection
Works Not Covered by the Protection .......................... 6 -7
Part III: Ownership of Copyright
Part IV: Transfer of Ownership of Copyright
Order of Publication and Falling of Works into the
Part V: Registration of Works and Contracts
Part VI: Protection of Neighbouring Rights of Performers
Rights of the Producer of Sound and Audiovisual
Part VII: Infringement of Copyright and Legal Consequences
Thereof
Part I
Preliminary Provisions
Part II
Scope of Copyright Protection
Part III
Ownership of Copyright