Copyright and Neighbouring Rights Act
- Commenced on 10 September 2004
- [This is the version of this document from 10 September 2004 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencementThis Act may be cited as the Copyright and Neighbouring Rights Act [Chapter 26:05].
2. InterpretationIn this Act—"adaptation", 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 suitable for reproduction in a book or in a newspaper, magazine or similar periodical;(iii)in the case of a dramatic work, a version of the work, whether in its original language or in a different language, in which it is converted into a non-dramatic work;(iv)in the case of a non-dramatic work, a version of the work, whether in its original language or in a different language, in which it is converted into a dramatic work;(v)in the case of a computer program—(A)a version of the program in a programming language, code or notation different from that of the original program;(B)a fixation of the program in or on a medium different from the medium of fixation of the original program;unless the difference is occasioned incidentally in the course of running the program;(b)a musical work, includes an arrangement or transcription of the work;(c)an artistic work, includes a transformation of the work in such a manner that the work’s original or substantial features remain recognisable;(d)a sound recording, includes a fixation of the recording in or on a medium different from the medium of fixation of the original recording;"architectural work" means a building or a model of or for a building;"artistic work" means —(a)a graphic work, photograph, sculpture or collage, irrespective of its artistic quality; or(b)an architectural work; or(c)a work of artistic craftsmanship which is not described in paragraph (a) or (b);"audio-visual work" means a recording or fixation on any medium from which a moving image, together with any sounds associated with the image, may be produced by any means, but does not include a computer program or a broadcast;"author", 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 a radiocommunication service, including its transmission by satellite, and "broadcaster" and "broadcasting" shall be construed accordingly;"building" includes a fixed structure and any part of a building or fixed structure;"business" includes a trade or profession;"cable programme service" means a service which consists wholly or mainly in sending information by means of a telecommunication service, other than a radiocommunication service, for reception at two or more places, whether simultaneously or at different times, but does not include—(a)a service run for the purposes of a business where—(i)no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system; and(ii)the information is conveyed by the system solely for purposes internal to the running of the business and not by way of rendering a service or providing an amenity for others; and(iii)the system is not connected to any other telecommunication system;or(b)a service run by a single individual, where—(i)all the apparatus comprised in the system is under his control; and(ii)the information conveyed by the system is conveyed solely for his domestic purposes; and(iii)the system is not connected to any other telecommunication system;or(c)a service where—(i)all the apparatus comprised in the system is situated in, or connects, premises which are in single occupation; and(ii)the system is not connected to any other telecommunication system; and(iii)the service is not operated as part of the amenities provided for residents or inmates of premises run as a business;or(d)such other service as may be prescribed;"collecting society" means a society or organisation which has any or all the following main objects—(a)acting for owners of copyright in the management of their rights in terms of this Act;(b)the representation of owners of copyright in the negotiation and administration of licence schemes;(c)the negotiation or granting of licences, either as owner or prospective owner of copyright or as agent for the owner or prospective owner;but 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 the granting of licences covering the works of only one such owner;"collective work" means a work created or made by two or more individuals at the instance and under the direction of another person, whether an individual or a body corporate, on the understanding that the work will be published by that other person under his name and that the identity of the authors will not be indicated;"computer program" means a set of instructions which is fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to perform a task or bring about a result;"Controller" means the Controller of Copyright referred to in paragraph (a) of subsection (1) of section eighty-nine;"copy", in relation to—(a)a literary or musical work, includes a copy in the form of a record or an audio-visual work;(b)an artistic work, includes a version produced by converting the work into a three-dimensional form or, if it is already in three dimensions, by converting it into a two-dimensional form;(c)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 regulations made in terms of section one hundred and thirty-five;"distribution", in relation to a programme-carrying signal, means any operation by which such a signal is transmitted to the public or any section of 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 of a 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, nineteen, twenty, twenty-one, twenty-two or twenty-three, as the case may be;"educational institution" means a school, technical college, university college, university or similar institution;"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) of subsection (2) of section forty-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 of commencement of that provision;"graphic work" includes—(a)a painting, drawing, diagram, map, chart or plan; and(b)an engraving, etching, printed circuit, lithograph, woodcut or similar work;"individual", when used as a noun, means a natural 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 purpose 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-exclusive licence; or(b)a compulsory licence granted in terms of regulations made under section one hundred and thirty-five;and "licensee" shall be construed accordingly;"licence 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 of case;and includes anything in the nature of such a scheme, whether described as a scheme or as a tariff or by any other name;"literary work" means any work which is written, spoken or sung, irrespective of its literary quality or the mode or form in which it is expressed, and includes—(a)dramatic works, stage directions, film scenarios and broadcasting scripts; and(b)letters, reports and memoranda; and(c)lectures, speeches and sermons; and(d)computer programs; and(e)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 time, assign the administration of this Act;"moral rights" means the rights conferred by sections sixty-one, sixty-three, sixty-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 section forty-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 "non-exclusive licensee" shall be construed accordingly;"owner", in relation to any copyright, means the person in whom the copyright is vested and, subject to 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 of an 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-carrying signal;"programme-carrying signal" means a signal which embodies a programme and which passes through a satellite;"public computer network" means a group of interlinked computers to which the public 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 information of any description whatsoever wholly or partly by means of electromagnetic waves of frequencies between ten kilohertz and three million megahertz propagated in space without artificial guide;"record" means any disc, tape, perforated roll or other device in or on which information 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 (1) of section eighty-eight; or(b)the appropriate register or the appropriate part of the Copyright Register kept in accordance with subsection (2) of section eighty-eight;as the case may be"registered" means registered in the Register;"Registrar" means—(a)the Controller; or(b)a registrar of copyright referred to in paragraph (b) of subsection (1) of section eighty-nine; or(c)an examiner or other officer referred to in paragraph (c) of subsection (1) of section eighty-nine, 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 the work permanently or temporarily in electronic form;"reprographic copying" means a process—(a)for making facsimile copies; or(b)involving the 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 extraterrestrial space capable of transmitting signals;"sculpture" includes a cast or model made for purposes of sculpture;"signal" means an electronically generated carrier capable of transmitting programmes;"Society" means the Copyright and Neighbouring Rights Collecting Society of Zimbabwe established in terms of section ninety-seven;[definition inserted by section 2 of Act 32 of 2004]"sound recording" means any fixation of sounds on a record, but does not include a sound-track associated 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 consists of visual images, is recorded, or which is issued by the author of the audio-visual work for use in conjunction with such an article;"sufficient 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(c)it is not possible to ascertain the identity of the author by reasonable inquiry;"Tribunal" means the Intellectual Property Tribunal established by section 3 of the Intellectual Property Tribunal Act [Chapter 26:06];"work" means any literary, musical, artistic or audio-visual work, sound recording, broadcast, programme-carrying signal or published edition;"work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of each 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.
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 thereofUnless the context otherwise requires, a reference in this Act to 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 relation to—
8. Act to bind StateThis Act shall bind the State.
Part II – Copyright in original works
9. Nature and vesting of copyright
10. Works eligible for copyright
11. Copyright by virtue of author’s nationality, domicile or residence
12. Copyright by virtue of country of first publication
13. Copyright in works by State or designated international organisationsA work that is eligible in terms of section ten shall qualify 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 one hundred and thirty-five.
14. Ownership of copyright
15. Duration of copyright
16. Protection of works that have been adapted or embodied in other works
17. Acts restricted by copyright in literary and musical worksSubject 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—
18. Acts restricted by copyright in artistic worksSubject to this Act, copyright in an artistic work shall vest in the owner the exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe—
19. Acts restricted by copyright in audio-visual worksSubject to this Act, copyright in an audio-visual work shall vest in the owner the exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe—
20. Acts restricted by copyright in sound recordingsSubject to this Act, copyright in a sound recording shall vest in the owner the exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe—
21. Acts restricted by copyright in broadcastsSubject 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—
22. Acts restricted by copyright in programme-carrying signalsSubject to this Act, copyright in a programme-carrying signal shall vest in the owner the exclusive right to undertake or to authorise the direct or indirect distribution of the signal in Zimbabwe or from Zimbabwe.
23. Acts restricted by copyright in published editionsSubject to this Act, copyright in a published edition shall vest in the owner the exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe—
Part III – Permitted acts in 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 worksThe copyright in a work shall not be infringed by the doing of anything at a time when, or pursuant to arrangements made at a time when—
28. Use of work for Parliamentary or judicial proceedings or inquiries
29. Fair dealing for purposes of criticism, review or news reporting
30. Publication of public speeches and articles of topical interest
31. Quotations from copyright worksThe copyright in a literary or musical work shall not be infringed by any quotation from the work, including any quotation from an article in a journal that summarises the work, if—
32. Public readings and recitationsThe copyright in a published literary work shall not be infringed by—
33. Records made from sound-tracksWhere sounds embodied in a sound-track associated 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 worksThe 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 style as the original.
35. Reproduction of artistic works in public placesThe 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—
36. Incidental inclusion of copyright material
37. Ephemeral recordingsThe copyright in a literary or musical work shall not be infringed by a broadcaster reproducing the work using his own facilities, where the resultant copy—
38. Reproducing artistic work for purpose of advertising its saleThe copyright in an artistic work shall not be infringed by copies which are made and issued to the public for the purpose of advertising the sale of the work:Provided that if such a copy is subsequently sold, let for hire, exhibited in public, distributed or otherwise dealt with for any other 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 purposesThe 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-up copies, decompilation, etc.
41. Recording of programmes and broadcasts for purposes of subsequent viewing or listening
42. Private recording of musical works and sound broadcasts
43. Acts done under statutory authorityThe copyright in a work shall not be infringed by the doing of anything that is specifically authorised by any enactment.
44. Prescribed dealings in copyright worksIn addition to any other reproducing permitted in terms of this Act, the reproduction of a work shall be permitted in such manner and circumstances as may be prescribed:Provided that—
Part IV – Transmission and assignment of copyright and grant of licences
45. Ways in which copyright may be transmittedSubject to this Act, copyright may be transmitted as incorporeal movable property by assignment, testamentary disposition or operation of law.
46. Assignment of copyright
47. Testamentary disposition of copyright
48. Vesting of copyright by operation of lawWithout derogation from the expression "operation of law" in section forty-five, upon the liquidation, insolvency or death of 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.
50. Transmission of future copyright
Part V – Infringement and remedies for infringement
52. Owner of copyright entitled to remedies for infringement
53. Rights and remedies of exclusive licensee
54. Forum in which remedies for infringement may be soughtSubject to any regulations referred to in paragraph (f) of subsection (2) of section one hundred and thirty-five, proceedings in respect of an infringement of copyright may be instituted—
55. Damages in infringement proceedings
56. Cases where interdict not availableIn proceedings for infringement of copyright in respect of the construction of a building, no interdict or other order shall be made—
57. Anton Piller orders
58. Additional rights of owner of copyright in respect of infringing copiesWithout derogation from section fifty-two, the owner of the copyright in any work shall be entitled to all the rights and remedies in regard to the possession and use of—
59. Offences and penalties in respect of infringement
60. Restriction on importation or exportation of infringing copies
Part VI – Moral rights
61. Right to be identified as author or director
62. Exceptions to right to be identifiedThe right of identification conferred by section sixty-one shall not apply in relation to—
63. Right not to be identified as author or director
64. Right to object to derogatory treatment of work
65. Right to privacy in regard to certain photographs and audio-visual works
66. Transmission of moral rightsMoral rights shall not be transmissible during the lifetime of the person in whom they vest in terms of section sixty-one, sixty-three, sixty-four or sixty-five, as the case may be, but they may be transmitted by testamentary disposition or by operation of law on that person’s death.
67. Enforcement of moral rightsMoral 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 performances
68. Interpretation in Part VII
69. Application of Part VII: qualifying performancesThis Part shall apply to—
70. Performers’ rights
71. Right of performer to remuneration for commercial use of sound recording of performance
72. Rights of holders of recording rights to performances
73. Exceptions to rights of performers and holders of recording rights
74. Tribunal’s power to give consent on behalf of performer
75. Duration of rights of performers 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 rightsThe rights conferred by this Part may be enforced under this Act in all respects as if the persons in whom they are vested were owners of copyright and infringements of the rights were infringements of that copyright.
78. Criminal liability for infringement of rights of performers and holders of recording rights
79. Rights under Part VII additional to copyright and moral rightsThe rights conferred on performers and holders of recording rights by this Part shall be independent of and additional to—
Part VIII – Works of folklore
80. Interpretation in Part VIIIIn this Part—"appropriate local authority" means a local authority to which rights in relation to a work of folklore have been reserved in terms of paragraph (b) of subsection (1) of section eighty-one;"community" means a community of persons that has inhabited Zimbabwe continuously since before the year 1890 and whose members share the same language or dialect or the 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" means a reservation under subsection (1) 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 literary, musical or artistic work, whether or not it is recorded, of which—(a)no person can claim to be the author; and(b)the form or content is embodied in the traditions peculiar to one or more communities in Zimbabwe;and includes—(i)folk tales, 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)productions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalwork, jewellery, baskets and costumes.
81. Reservation of rights in works of folklore
82. Effect of reservation
83. Restriction on importation or exportation of copies of reserved works of folkloreSection sixty shall apply, mutatis mutandis, to the importation or exportation of copies of any reserved work of folklore made in contravention of this Part as if—
84. Freedom to do certain things in relation to reserved works of folklore
85. Licensing of reserved works of folklore
86. Appeal to Tribunal against decisions of Minister or appropriate local authority
Part IX – Copyright Office, Copyright Register, Controller and other officers
87. Copyright OfficeThere shall be an office, to be called the Copyright Office, for the registration of copyright and other matters in terms of this Act.
88. Copyright Register
89. Controller, Registrar and other officers
90. Seal of Copyright Office
Part X – Collecting societies other than Copyright and Neighbouring Rights Collecting Society of Zimbabwe[heading amended by section 7 of Act 32 of 2004]
91. Collecting societies to be registered
92. Application for registration of collecting society
93. Duration of registration of collecting societySubject to section ninety-four, the registration of a collecting society shall continue for so long as the society remains in existence.
94. Cancellation of registration of collecting society
95. Application of provisions of Part XI to registration of collecting societiesSections one hundred to one hundred and two, subsection (1) 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 one hundred and eight to one hundred and ten A shall apply, mutatis mutandis, in respect of the registration of collecting societies in terms of this Part.
Part XI – Copyright and Neighbouring Rights Collecting Society of Zimbabwe[Part substituted by section 4 of Act 32 of 2004]
96. Interpretation in Part XI"Board" means the Copyright and Neighbouring Rights Collecting Society of Zimbabwe Board;"foreign", in relation to an author, performer, or society, means an author, performer or society who is not a Zimbabwean citizen or permanent resident;"inspector" means an inspector appointed in terms of section one hundred and ten 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-eight;"registered" means registered in terms of this Part.
97. Establishment, constitution, functions, powers and funds of the Copyright and Neighbouring Rights Collecting Society of Zimbabwe
98. Registering officer of the Society
99. Application for membership of Society and registration of works of authors and performers
100. Advertisement of accepted application
101. Opposition to registration
102. Decision on application for registration
103. Effective date and duration of registration
104. Power of registering officer to allow amendments to applications and documents
105. Proceedings before registering officer
106. Duty of registering officer to give opportunity to make representationsThe registering officer shall not exercise any discretionary power given to him or her under this Part in a manner which adversely affects the rights of any person unless he or she has given that person a reasonable opportunity to make representations in the matter, either personally or by his or her agent.
107. Power of registering officer to rectify Register
108. Power of Tribunal to rectify Register
109. Certified copies of entries in RegisterThe registering officer shall provide a copy of any entry in the Register, certified with the seal referred to in section ninety, to any person who requests it and who pays the appropriate fee.
110. Right of registering officer to appear in proceedings regarding RegisterIn any proceedings before the Tribunal or any court in which the relief sought includes an alteration or rectification of the Register, the registering officer shall have the right to appear and be heard, and shall appear if so directed by the Tribunal or court, as the case may be.
110A. Penalty for false entries and false statementsAny person who—
110B. Appointment of inspectors
Part XII – Powers of Registrar in regard to licence schemes and licences
111. Reference of licence scheme to Registrar
112. Application to Registrar regarding grant or refusal of licence or terms thereof
113. Reference to Registrar of expiring licence
114. Factors to be taken into account by Registrar in making orders
115. Effect of Registrar’s orders
116. Application of provisions of Part XI to proceedings regarding licence schemes and licencesSections one hundred and four, one hundred and fiver and one hundred and six shall apply, mutatis mutandis, in relation to references and applications in terms of this Part.[section amended by section 7 of Act 32 of 2004]
Part XIII – Appeals to tribunal against decisions of registrar or registering officer[heading amended by section 7 of Act 32 of 2004]
117. Right of appeal to Tribunal against decisions of Registrar or Registering Officer[heading amended by section 7 of Act 32 of 2004]Any person who is aggrieved by a decision of the Registrar—
118. Noting of appealAn appeal in terms of section one hundred and seventeen shall be noted by lodging a written notice of appeal with the Registrar of the Tribunal and with the Registrar within twenty days from the date on which the appellant was notified of the decision which is the subject of the appeal.
119. Powers of Tribunal on appealIn an appeal in terms of section one hundred and seventeen, the Tribunal may—
Part XIV – Evidence and presumptions
120. Proof of certain facts by affidavit in infringement proceedingsIn any civil or criminal proceedings for infringement of copyright in any work, evidence to prove—
121. Presumptions in infringement proceedings: literary, musical and artistic works
122. Presumption in infringement proceedings: works subject to exclusive licenceWhere, in civil or criminal proceedings for infringement of copyright in any work which is the subject 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 shall be presumed, unless the contrary is proved, that he did the act also without the authority of the owner of the copyright.
123. Presumptions in infringement proceedings: registered worksIn any civil or criminal proceedings for infringement of any right that is registered in terms of Part XI, it shall be presumed, unless the contrary is proved, that—
124. Evidence and presumptions in infringement proceedings: audio-visual works, sound recordings and computer programs
125. Presumption regarding registered collecting societyIn any civil or criminal proceedings relating to copyright in any work, an entry in the Register showing that a collecting society is registered in terms of Part X in respect of the class of works to which the work concerned belongs shall be prima facie proof that the society represents the owner of the copyright in the work concerned.
126. Entries in Register to be prima facie proof of their contentsIn any civil or criminal proceedings relating to copyright, including applications and appeals under this Part, an entry in the Register showing that—
127. Proof of entries in Register and of things done by Registrar
Part XV – General
128. No copyright under common lawSubject to this Act, no copyright or right in the nature of copyright shall subsist otherwise than by virtue of this Act or any other enactment.
129. Devices designed to circumvent copy-protection
130. Removal of rights-management information
131. Fraudulent reception of transmissions
132. Application of Act to works made and contracts concluded before commencement of Act
133. Act not to affect certain other rightsNothing in this Act shall affect—
134. Collecting societies to deposit certain agreements with Registrar
136. Repeal of Cap. 26:01 and savings
History of this document
10 September 2004 this version