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COPYRIGHT REGULATIONS, 20Hl
ARRANGEMENT OF REGULATIONS
Regulation
Registration of Copyright - Application for registration of copyright and related rights
- Deposit of works
- Registration of copyright and issue of certificate
- Effective date of registration of copyright
Security Device "" - Designation or choice and approval of security device
- Commercial transaction without security device prohibited
- Application for approval to affix' security device
- Grant of approval and purchase of security device
- Obligation to purchase security device
- Where to affix security device
- Records to be kept by person given approval
- Enforcement of use of security device
- Offences related to security device
Levy on Devices Used for Reproduction of Copyright Materials - Imposition of levy
- Devices to be levied
- Liability to pay levy
- Exemption from payment of levy
- Fee on reprographic reproduction
- Distribution of levies paid
Operation of Colledive Administration Societies - Operation of society without approval prohibited
- Application for approval
- Grant of approval
- Conditions for approval
- Duration, renewal and revocation of approval
- Display of approval
- Gazette notification of approval
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Operation of Societies - Maintenance of offices and officers
- Maintenance of register
- Powers and rights of societies
- Obligation of a society to its members
- Meetings of societies
- Accounts and audit
- Annual report
- Inspection of records and facilities
- Works Declaration Form A
- Performance licence 37 Application for performance licence
Settlement of Disputes and Copyright Tribunal - Settlement of disputes
- Powers of the Tribunal
- Disputes related to licensing schemes
- Disputes related to licensing bodies
- Procedure
- Review
- Fees
- Offences 46 .. Interpretation
COPVRIGHT REGULATIONS, 2010
SCHEDULES
IN EXERCISE of the powers conferred on the Minister responsible for Justice by sections 27, 49 and 74 of the Copyright Act, 2005 (Act 690) these Regulations are made this 25th day of January, 2010.
Registratioll ofCopyright alld Related Rights . "
Application for registration ofcopyright and related rights
1. (1) A person who has an interest in - (a)
- an artistic work,
- (b)
- a literary work,
- (e)
- music,
- (d)
- a sound recording,
- (e)
- an audio visual work,
- (f)
- a choreographic work,
- (g)
- a computer software,
- (h)
- a computer programme, or
- (i)
- a derivative work may apply to the Copyright Office for the registration of the person's interest in the work.
- (2)
- An application for registration of copyright and related rights shall be made in the form specified in the First Schedule and accompanied with
- (a)
- a copy ofthe work for which copyright is to be registered, and
- (b)
- the prescribed fee.
- (3)
- The application for the registration ofcopyright may be made by
- (a)
- an author of a work,
- (b)
- an authorised agent of the author, or
- (e)
- a producer or publisher of a work on behalf of the author.
Deposit of work
2. (1) An applicant for registration of copyright and related rights shall deposit: - (a)
- in the case of published works, two complete copies of the best edition; .
- (b)
- in the case of unpublished works, one copy of the work;
- (e)
- in the case of sound recording or audio-visual works, two
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complete ph ono grams of the best edition and any printed or perceptible material published with the phonograms; - (d)
- in the case of a group of works by an individual which is a contribution to newspapers or periodicals within a twelve month period, one copy of
(i) the entire issue of the newspaper or periodical, or
- (ii)
- the entire section of the newspaper or periodical in which the contribution was published.
- (2)
- An applicant for registration of copyright or related right in respect of a group of works under subregulation 1 (d) shall in the application identify each work seperately by the newspaper or periodical containing the work and the date of first publication.
- (3)
- Despite sub-regulation (1), the Copyright Office may permit an applicant for registration to deposit photographs or illustrations of the work for which copyright or related right is to be registered instead of a copy of the actual work, where the Copyright Administrator reasonably believes that the deposit oftwo copies may impose hardship on the owner
.of the copyright or related right.
Registration of copyright and issue ofcertificate
3. (1) On receipt of the application for registration of copyright or related right, the prescribed fee and a deposit of the work, the Copyright Administrator shall within two weeks after the receipt determine whether the work is a subject matter for registration or not and in writing inform the applicant accordingly.
(2) Where the Copyright Administrator det~rmines that a deposited work is a subject matter for registration, the Copyright Administrator shall issue a certificate of registration of copyright or related rigllt to the applicant within two weeks after informing the applicant that the work is a subject matter for registration.
Effective date for registration ofcopyright or related right
4. For the purpose of these Regulations, registration of a copyright or related right takes effect on the date of the registration.
Security Device
Designation or choice and approval of security device
5. (1) The Minister in consultation with the Copyright Monitoring
Team shall designate and approve a security device to be affixed to .: sound recordings and audiovisual works.
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COPYRIGHT RFGULATlONS, 2010 - (2)
- Despite subregulation (1), a manufacturer, importer or publisher of a sound or audiovisual recording may with the approval of the Minister choose an alternative security device to be affixed to a sound recording or audio visual work manufactured, imported or published by that manufacturer, importer or publisher.
- (3)
- The approval in subregulation (2) shall be obtained by application made in writing to the Minister as spec;ified in Form A of the Second Schedule.
- (4)
- The approval for the use of an alternative security device shall be as specified in Form B of the Second Schedule.
- (5)
- The Minister in furtherance of sub-regulations (1), (2) and (3) may set up administrative structures that the Minister considers necessary for the management of a security device,
- (6)
- The security device shall attract the fee that the Minister in consultation with the Minister for Finance shall determine.
- (7)
- The Internal Revenue Service is responsible for the sale of the security device designated by the Minister
- (8)
- Where an alternative security device is used no fee shall be paid for the use of that device.
- (9)
- Income earned from each sound recording or audio visual worK released into the channels ofcommerce is subject to inc '.e tax in accordance with the Internal Revenue Act, 2000 (Act 592).
(l0) Income tax payable under sub-regulation (9) shall be assessed by the Commissioner of Internal Revenue and may be paid up front by the person liable to pay the tax.
- (11)
- The Minister shall deduct Income Tax due and which is unpaid from any moneys to which the person liable to pay the tax is entitled to from any levies imposed under the Act and the deduction shall be treated as withholding tax under section 81 of Act 592.
Commercial transaction without security device prohibited
6. A person shall not sell, rent, lend or otherwise distribute to the public for commercial purposes a sound recording or an audiovisual work unless the sound recording or audiovisual work has a security device approved by the Minister affixed to it.
Application for approval to purchase security device
7. (1) Subject to subregulation (5), a person who manufactures, produces,
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reproduces or imports a sound recording or audiovisual work for sale, rental, lending or otherwise for distribution to the public, shall apply to the Minister for approval to purchase a security device as specified
H
the Form C of the Second Schedule. - (2)
- An application to purchase a security device shall specify the
- (a)
- name of the author,
. (b) number of copies of the work
- (i)
- imported,
- (ii)
- manufactured,
(iii) produced, - (iv)
- reproduced, or
- (v)
- to be distributed, and
- (e)
- country of origin in the case of imported works.
- (3)
- The application shall be accompanied with documents that prove Clvvne{ship or reproductive right to the sound recording or audiovisual works.
- (4)
- An importer who applies for approval shall in addition to any requirements under sub-regulation (2), attach to the application, a valid contract with the copyright owner which permits the importation of the work into the country.
- (5)
- This regulation does not apply to a manufacturer, producer, or imp0l1er who chooses to use an alternative security device; but that manufa.:tmer, producer or importer 'shall attach to the application to the Minister for approval to use the alternative security device,
- (a)
- documents that prove the ownership or reproductive right to the sound recording or audio visual work; or
- (b)
- a valid contract with the copyright owner which permits the importation of the work into the country, in the case of an importer.
Grant of approval and purchase of security device 8, The Minister on being satisfied that the applicant is entitled to affix a security device shall grant approval to the applicant - (a)
- in the-form specified in the Third Schedule for the purchase of the security device where applicable, and
- (b)
- within seven days after receipt of the application under regulation 7 (1) or 5 (3).
Obligation to affix security device
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9. (1) Where a manufacturer of a copyright work that requires a security device is not using an alternative security device chosen by that manufacturer, the manufacturer shall send the work to the Internal Revenue Service to have a security device affixed to the work by the Copyright Monitoring Team or a representative of the Copyright monitoring team.
(2) Where it is considered impracticable for the work to be sent to the Internal Revenue Service, a member or representative of the Copyright monitoring team may supervis'e the fixation of the security device for the applicant at the place of manufacture or production of the audiovisual work or at the point of entry in the case of an imported work.
Where to affix security device
10. A member or representative of the Copyright monitoring team shall affix the security device where applicable - (a)
- on the inlay card, in the case of a sound recording or an audiovisual work manufactured or produced in the country, or
- (b)
- in the case of an imported sound recording or audiovisual work, before the sound recording or audiovisual work is released into the channels of commerce.
Records to be kept by person given approval
11. A person who receives approval from the Ministel a.ffix a security device shall keep records in the manner determined by the Minister.
Enforcement of use of security device
12. (l) The monitoring team established under section 50 of the Act is responsible for the enforcement of the use of a security device. - (2)
- The monitoring team shall in furtherance of sub-regulation (1), ensure that a person required to affix a security device to a work affixes the security device.
- (3)
- In the performance of the functions of the Copyright Monitoring Team under subregulation (2), members of the monitoring team may enter premises where the members of the team suspect that commercial transactions in pirated works or works which are not protected or do not have security device affixed to them are taking place, about to take place or likely to take place and may search and seize any work to which the transaction relates.
- (4)
- A person whose premises are entered by members of the team
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may request identification from members of the team and the members of the team shall satisfy the request. - (5)
- Where the Copyright Monitoring Team seizes any work unGe'" subregulation (3), the Team shall record the items seized and the record shall be signed by at least two members of the Team and the person from whom the items were seized.
- (6)
- The record under subregulation (5) shall be kept as part of the records of the Team and shall be made available fot inspection on request by a person who has interest in the seized work.
- (7)
- A person who obstructs any member of the team from carrying out the functions of the team under these Regulations commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or imprisonment for a term ofnot more than twelve months or to both.
Offences related to security device
13. (1) A person who purchases, rents or borrows a sound recording or audiovisual work which does not have a security device or other protection method approved by the Minister affixed to the sound recording or audiovisual work commits an offence under section 25 (4) of the Act. - (2)
- A person who manufactures, produces, reproduces or imports a sound recording or an audiovisual work and releases the sound recording or audiovisual work into the channels of commerce without having a security device approved by the Minister affixed to the sound recording or audiovisual work commits an offence under section 25 (4) of the Act.
- (3)
- Where a person commits an offence under this regulation, any sound recording or audiovisual work in respect of which the offence was committed may be seized and upon conviction for the offence, may be confiscated to the Republic to be disposed of in a manner determined by the Court.
Levy on devices used for Reproduction of Copyright Materials
Imposition of levy
14. There is imposed on the devices specified in regulation 15, capable of being used to copy copyright works, a levy of twenty percent of the cost, insurance and freight value of the devices.
Devices to be levied
15. For the purpose of regulation 14, the devices to be levied include (aJ video and audio cassettes with integral storage like
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- MP3,
- (ii)
- CD R/RWs (data disc),
(iii) DVD-R/RWs set top boxes; - (b)
- pen drives and other data disks including SMART or SIM cards;
- (e)
- ipods;
- (d)
- diskettes;
- (e)
- CD copiers; and
- (j)
- any other device that the Minister may by legislative instrument prescribe.
Liability to pay levy
16. (1) A person who - (a)
- manufactures; or
- (b)
- imports any of the devices specified in regulations 15 for the purpose of trade, shall pay the levy imposed in these Regulations
- (e)
- in the case of a local manufacturer of the device to an authorised officer of the Customs Excise and Preventive Service at the point of manufacture,
- (d)
- in the case of an importer of the device to an authorised officer of the Customs Excise and Preventive Service at the point of entry.
- (2)
- A manufacturer or importer of any of the specified devices shall keep statements of account of the manufacturer's or importer's activities connected to the manufacture or importation of the specified devices in furtherance of sub-regulation (1).
- (3)
- A manufacturer or importer of any of the specified devices shall at three months intervals beginning from the thirty-first of March in each year send a copy ofthe statement of account kept in furtherance of subregulation 2 to an authorised officer of the Customs Excise and Preventive Service.
Exemption from payment oflevy
17. (1) The levy imposed in Regulations 15 and 16 do not apply to - (a)
- devices manufactured in the country for purpose of export,
- (b)
- institutions that represent persons with disability and which are specified in an enactment,
- (e)
- devices which are used to duplicate locally produced works or foreign works licensed for duplication in the country, and .
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(d) other materials which the Minister may exempt by legislative instrument.
Fee on reprographic reproduction
18. (1) A reprographic rights collecting society shall determine a fee in respect of photocopying of works protected by copyright and related rights by educational institutions and any other outlets where reprography is carried out commercially. - (2)
- In furtherance of subregulation (1), the reprographic rights collecting society shall collect the fee on behalf of stakeholders and beneficiaries.
- (3)
- Where there is a dispute over a fee imposed on photocopying of copyright works by a collecting society, the Tribunal shall levy a flat rate fee as the Tribunal considers fit.
Distribution oflevies paid
19. (1) The Minister shall distribute the levies collected in furtherance ofregulation 14 as follows: - (a)
- ten percent for cultural activities to be collectively administered by the collective administration societies;
- (b)
- ten percent for the administrative purposes of collective societies;
- (c)
- four percent to the Customs Excise and Preventive Service, and
- (d)
- six percent to the Copyright Office.
- (2)
- The Minister shall distribute the remaining seventy percent equally among the various rights groups to be shared as follows:
- (a)
- for holders of audio works rights,
- (i)
- twenty-eight percent to composers or publishers;
- (ii)
- twenty-one percent to producers; and
(iii) twenty-one percent to performers;
- (b)
- for holders of audiovisual works rights;
- (i)
- thirty-five percent to producers;
- (ii)
- twenty-one percent to performers, and
(iii) fourteen percent to authors of audio visual works,
- (e)
- for holders of literary works rights,
- (i)
- forty-two percent to authors including visual authors, and
- (ii)
- twenty-eight percent to publishers.
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(3) Each society shall set out rules to distribute the allocation made to the society to its members..
Operation of Collective Administration Societies
Operation of society without approval prohibited
20. (1) A person shall not operate a Collective Administration Society without the approval of the Minister in writing.
(2) Where a society operates in furtherance of copyright and related rights without approval, each member of the governing body of the society and every director, manager, secretary or similar officer of the society is deemed to have commited the offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or imprisonment to a term of not more than twelve months or to both.
Application for approval
21. (1) An application for approval to operate as a society shall be made to the Minister in the form specified in the Fourth Schedule.