Copyright and Performance Rights Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE COPYRIGHT AND PERFORMANCE RIGHTS ACT
CHAPTER 406 OF THE LAWS OF ZAMBIA
CHAPTER 406 THE COPYRIGHT AND PERFORMANCE RIGHTS ACT
THE COPYRIGHT AND PERFORMANCE RIGHTS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Works of unknown authorship and joint authorship
4. Publication and first publication
5. Application to all existing works
6. This Act binds the Republic
PART II
COPYRIGHT
NATURE OF COPYRIGHT

horship
4. Publication and first publication
5. Application to all existing works
6. This Act binds the Republic
PART II
COPYRIGHT
NATURE OF COPYRIGHT

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
7. Copyright a form of property
8. Categories of works in which copyright subsists
9. Qualifying conditions
10. First ownership of copyright
11. Transfer of copyright
DURATION OF COPYRIGHT
12. Literary, musical and artistic works
13. Audiovisual works and sound recordings
14. Broadcasts and cable programs
15. Computer programs
16. Typographical arrangements
I NFRINGEMENT OF COPYRIGHT
17. Acts controlled by copyright
18. Copyright is infringed by the doing of a controlled act
19. Copyright is infringed by importation, etc. of infringing copies
Section
20. Copyright is infringed by making or trading in articles for making infringing
copies, or transmission for the purpose of making infringing copies
21. Acts which do not constitute infringements
COLLECTING SOCIETIES
22. Collecting societies may be authorised to represent copyright owners
23. Disputes with registered collecting societies
M ORAL RIGHTS
24. Moral rights

Collecting societies may be authorised to represent copyright owners
23. Disputes with registered collecting societies
M ORAL RIGHTS
24. Moral rights

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PART III
ENFORCEMENT OF COPYRIGHT
25. Infringement actionable by copyright owner
26. Right to delivery up of infringing copies
27. Restriction on importation of infringing copies
28. Offences
29. Presumption as to possession of copies
30. Presumptions as to existence of copyright
31. Presumptions as to authorship and date of publication
32. Affidavit admissible in evidence
33. Issue of warrants to enter, search and seize
34. Power to use force, detail persons
35. Sealing of things
36. List of things seized or sealed
37. Articles in containers-need only to examine sample
38. Obstruction to search
PART IV
REGISTER OF COPYRIGHTS
39. The register of copyrights
40. Registration and issue of certificate

ly to examine sample
38. Obstruction to search
PART IV
REGISTER OF COPYRIGHTS
39. The register of copyrights
40. Registration and issue of certificate

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41. Transfer of registration
42. Rectification of register
43. Issue of new certificate
PART V
RIGHTS IN PERFORMANCES
Section
44. Interpretation
45. Conferment of performer's right and recording right
46. Transfer of rights
47. Duration of rights in performances
48. Infringement of performer's rights
49. Infringement of recording rights
50. Acts which do not constitute infringements
51. Infringement of performer's right is actionable
52. Offence of infringing performer's or recording right
53. False representation of authority to give consent
PART VI
M ISCELLANEOUS
54. Registrar of Copyright

e of infringing performer's or recording right
53. False representation of authority to give consent
PART VI
M ISCELLANEOUS
54. Registrar of Copyright

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55. Registrar may authorise translation and reproduction of works in certain cases
56. Application of Act to works, etc. originating in other countries
57. Regulations
58. Transitional provisions
59. Repeal of Cap. 701
CHAPTER 406
COPYRIGHT AND PERFORMANCE RIGHTS Act No.
44 of 1994
13 of 1994
An Act to provide for copyright in literary, musical and artistic works, computer
programs, audiovisual works, sound recordings, broadcasts and cable
programs; to provide for rights in performances; to repeal the Copyright Act;
and to provide for matters incidental to or connected with the foregoing.
[31st December, 1994]
PART I
PRELIMINARY
1. This Act may be cited as the Copyright and Performance Rights Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"adaptation" includes-
(a) in relation to any literary work-
(i) a translation of the work; or
(ii) a version of the work in which the story or action is conveyed
solely or principally by means of pictures;

ork-
(i) a translation of the work; or
(ii) a version of the work in which the story or action is conveyed
solely or principally by means of pictures;

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(b) in relation to a literary work in a non-dramatic form, a version of the
work (whether in its original language or in a different language) in a
dramatic form;
(c) in relation to a literary work in a dramatic form, a version of the work
(whether in its original language or in a different language) in a
non-dramatic form;
(d) in relation to a musical work, an arrangement or transcription of the
work;
(e) in relation to an artistic work in two dimensions, the reproduction of
that work in an object in three dimensions; and in relation to a
computer pro-
gram, a version of the program in which it is converted from one
computer language or code into another.

imensions; and in relation to a
computer pro-
gram, a version of the program in which it is converted from one
computer language or code into another.

"artistic works" includes works of artistic craftsmanship, including designs for
fabrics, carpets and tapestry, and, irrespective of artistic quality-
(a) paintings, drawings, etchings, lithographs, wood cuts, engravings
and prints;
(b) maps, plans, charts, diagrams, illustrations and sketches;
(c) works of sculpture;
(d) works of architecture in the form of either buildings or models; and
(e) photographs;
"audiovisual work" means the aggregate of a series of related visual images,
together with accompanying sounds, if any, which is capable of being
shown as a moving picture by means of a mechanical, electronic or other
device and irrespective of the nature of the material support on which the
visual images and sounds are carried, but does not include a broadcast;
"author" means-
(a) in relation to an audiovisual work or sound recording, the person
who causes the audiovisual work or recording to be made;
(b) in relation to a broadcast, the person who is responsible for the
contents of the broadcast and for arranging for its transmission;

ng to be made;
(b) in relation to a broadcast, the person who is responsible for the
contents of the broadcast and for arranging for its transmission;

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(c) in relation to a cable program, the person who is responsible for
including it in the cable program service by which it is transmitted;
(d) in relation to the typographical arrangement of a published edition,
the publisher of the edition; and
(e) in relation to any other work, the individual who created the work;
"broadcast"-
(a) used as a noun, means the aggregate of sounds, or of sounds and
visual images, or other information, embodied in a program as
transmitted by broadcasting; and
(b) used as a verb, means to transmit, by the emission of
electro-magnetic energy otherwise than over a path that is provided
by a material substance, for reception by members of the public,
visual images or sounds, or both, capable of being received by
members of the public in possession of suitable apparatus,
regardless of whether-
(i) the apparatus includes special decoding devices;
(ii) the members of the public are in Zambia or elsewhere;
(iii) the electro-magnetic energy is carried, after the initial
transmission but before it is received by members of the
public, on a path provided by a material substance; or
(iv) any member of the public actually receives the images or
sounds;
"cable program" means the aggregate of sounds, or of sounds and visual images,
or other information, embodied in a program as transmitted by a cable
program service;
"cable program service" means a service that transmits, by the emission of
electro-magnetic energy over a path that is provided by a material
substance, for reception by members of the public, visual images or
sounds, or both, capable of being received by members of the public in
possession of suitable apparatus, regardless of whether-
(a) the apparatus includes special decoding devices;

ing received by members of the public in
possession of suitable apparatus, regardless of whether-
(a) the apparatus includes special decoding devices;

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(b) the members of the public are in Zambia or elsewhere; or
(c) any member of the public actually receives the images or sounds;
"collecting society" means a collecting society as defined in section twenty-two;
"communication to the public" of a work includes the performance, playing or
showing of the work in public;
"compilation" means a collection or assembly of works or other material or data
which by reason of selection or arrangement of the contents of the
collection or assembly constitutes a product of creativity;
"computer program" means a set of instructions, whether expressed in words or in
schematic or other form, which is capable, when incorporated in a machine
readable medium, of causing an electronic or other device having
information-processing capabilities to indicate, perform or achieve a
particular function, task or result;
"controlled act" means an act referred to in section seventeen in relation to a work
subject to copyright;
"convention" means the Berne Convention for the Protection of Literary and Artistic
Works of 9th September, 1886, completed at Paris on 4th May, 1896,
revised at Berlin on 13th November, 1908, completed at Berne on 20th
March 1914, revised at Rome on 2nd June, 1928, at Brussels on 26th June,
1948, at Stockholm on 14th July, 1967 and at Paris on 24th July, 1971 and
amended on 28th September, 1979;
"Convention country" means a country prescribed in regulations made for the
purposes of this definition, being a member of the Union established by the
Convention;
"copy" means a reproduction of a work or of an adaptation of a work, whatever the
medium in which the reproduction is made or stored;
"court" means the High Court for Zambia;
"dramatic work" includes a work of dance or mime, whether recorded in writing or
other notation, or in an audiovisual work;
"first published" has the meaning given by section four;
"infringing copy" means a copy of a work in which copyright subsists-

in an audiovisual work;
"first published" has the meaning given by section four;
"infringing copy" means a copy of a work in which copyright subsists-

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(a) the making of which constituted an infringement under this Act of the
copyright in the work;
(b) the making of which would have constituted an infringement under
this Act of the copyright in the work, if the copy had been made in
Zambia; or
(c) the making of which would have constituted a breach of an exclusive
licensing agreement, if the copy had been made in Zambia;
"joint authorship" has the meaning given by section three;
"literary work" includes a dramatic work or an arrangement of information in tabular
form;
"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, but does not include a part of an audiovisual work;
"publish" has the meaning given by section four;
"registered collecting society" means a collecting society registered by the
Registrar under section twenty-two;
"Registrar" means the Registrar of Copyright appointed under section fifty-four;
"sound recording" means-
(a) a recording of sounds, from which the sounds may be reproduced;
or
(b) a recording of the whole or any part of a literary or musical work,
from which sounds reproducing the work may be produced;
regardless of the medium on which the recording is made or the method by
which the sounds are reproduced or produced;
"substantial part" includes any part of a work which on its own can be identified as
a part of the work by someone who is familiar with the work;
"unknown authorship" has the meaning given by section
three;

its own can be identified as
a part of the work by someone who is familiar with the work;
"unknown authorship" has the meaning given by section
three;

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"work" means a product of creativity in a category referred to in section eight. 3. (1) For the purposes of this Act- Works of unknown
authorship and joint
authorship
(a) a work is of unknown authorship if the identity of none of the authors is
known;
(b) subject to paragraph (c), the identity of an author shall be regarded as
unknown if it is not possible for a person to ascertain his identity by
reasonable inquiry; and
(c) the identity of an author that has once been known shall not subsequently
be regarded as unknown. (2) For the purposes of this Act, a work is of joint authorship if it is produced by the
collaboration of two or more authors and the contribution of each author is not distinct
from that of the other author or authors. (3) Unless the context requires otherwise, a reference in this Act to the author of
work shall, in relation to a work of joint authorship, be read as a reference to all the
authors of the work. 4.

eference in this Act to the author of
work shall, in relation to a work of joint authorship, be read as a reference to all the
authors of the work. 4.

(1) For the purposes of this Act, a work, other than a broadcast or cable
program, is published when copies of the work are made available to the public, whether
for gain or not. Publication and first
publication
(2) For the purposes of this Act, the first publication of a work, other than a
broadcast or cable program, is-
(a) the earliest publication of the work made with the authority of the copyright
owner; or
(b) any publication of a work made with the authority of the copyright owner
within thirty days after the earliest such publication. (3) For the purposes of this section, any distribution or circulation of a work by way
of sale or rental constitutes making copies of the work available to the public. (4) The following shall not constitute publication for the purposes of this Act:

rental constitutes making copies of the work available to the public. (4) The following shall not constitute publication for the purposes of this Act:

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(a) in the case of a literary or musical work-
(i) the performance of the work; or
(ii) the broadcasting of the work or its inclusion in a cable program
service (otherwise than for the purposes of an electronic retrieval
system);
(b) in the case of an artistic work-
(i) the exhibition of the work;
(ii) the making available to the public of a graphic work representing, or
of photographs of, a work of architecture in the form of a building, or
model for a building, a sculpture or a work of artistic craftsmanship;
(iii) the making available to the public of a film including the work; or
(iv) the broadcasting of the work or its inclusion in a cable program
service (otherwise than for the purposes of an electronic retrieval
system);
(c) in relation to an audiovisual work or sound recording-
(i) the showing or playing of the work in public; or
(ii) the broadcasting of the work or its inclusion in a cable program
service (otherwise than for the purpose of an electronic retrieval
system). 5.

r
(ii) the broadcasting of the work or its inclusion in a cable program
service (otherwise than for the purpose of an electronic retrieval
system). 5.

Subject to section fifty-eight, this Act shall apply in relation to works whether
created before or after the commencement of this Act. Application to all
existing works
6. This Act shall bind the Republic. This Act binds the
Republic
PART II
COPYRIGHT
NATURE OF COPYRIGHT
7. Copyright is a property right which shall subsist in accordance with this Act in
the products of creativity specified in section eight. Copyright a form of
property
8. (1) The products of creativity in which copyright may subsist under this Act are
the following categories of works:
Categories of works in
which copyright
subsists

cts of creativity in which copyright may subsist under this Act are
the following categories of works:
Categories of works in
which copyright
subsists

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(a) original-
(i) literary works;
(ii) musical works;
(iii) artistic works; or
(iv) computer programs;
(b) compilations;
(c) audiovisual works;
(d) sound recordings;
(e) broadcasts;
(f) cable programs;
(g) typographical arrangements of published editions of literary works. (2) Copyright shall not subsist in a Bill introduced into Parliament or in an Act of
Parliament. (3) Copyright shall not subsist in a literary or musical work or in a computer program
unless and until it is recorded in writing or in some other form, and a reference in this Act
to the time of making of such a work is a reference to the time at which it is so recorded. (4) Copyright shall subsist in a work within one of the categories specified in
sub-section (1) only if the qualifying conditions specified in section nine in respect of that
category are fulfilled. 9.

the categories specified in
sub-section (1) only if the qualifying conditions specified in section nine in respect of that
category are fulfilled. 9.

(1) Copyright shall subsist in- Qualifying conditions
(a) a work of any category specified in section eight, other than a typographical
arrangement of a published edition, if, at the time of completion of the work,
the author of the work was-
(i) a citizen of, or habitually resident in, Zambia or a convention
country; or
(ii) a body corporate incorporated in Zambia or a Convention country;
(b) a literary, musical or artistic work, a compilation, a computer program, an
audiovisual work or a typographical arrangement of a published edition,
which is made or first published in Zambia or a Convention country;

rogram, an
audiovisual work or a typographical arrangement of a published edition,
which is made or first published in Zambia or a Convention country;

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(c) a sound recording which is made or first published in Zambia or a
Convention country;
(d) a broadcast which is first transmitted from a place in Zambia or a
Convention country; or
(e) a cable program service which is first transmitted from a place in Zambia or
a Convention country. (2) In the case of a work of joint authorship-
(a) the reference in paragraph (1) (a) to the author shall be read as a reference
to any of the authors; and
(b) where the work qualifies for copyright protection only under that paragraph,
only those of the authors who satisfy the requirements of that paragraph
shall be taken into account for the purposes of-
(i) section ten (first ownership of copyright);
(ii) section twelve to fifteen (duration of copyright); and
(iii) sub-section (3) of section twenty-one (acts which do not constitute
infringements). 10. (1) The first ownership of copyright under this section shall be subject to any
agreement under sub-section (3) of section eleven to assign the ownership of a copyright
expected to arise in the future.

tion shall be subject to any
agreement under sub-section (3) of section eleven to assign the ownership of a copyright
expected to arise in the future.

First ownership of
copyright
(2) Subject to this section, the author of a work shall be the first owner of the
copyright which subsists under this Act in the work. (3) Where a work, other than a broadcast or a cable program, is-
(a) made by the author in the course of his employment; or
(b) made by the author on the commission of some other person;
the employer or the person who commissioned the work shall be the first owner of
the copyright. (4) Where a work was completed in a convention country other than Zambia, the law
of that country in relation to first ownership of copyright shall apply.

Where a work was completed in a convention country other than Zambia, the law
of that country in relation to first ownership of copyright shall apply.

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11. (1) Copyright shall be transferable by assignment, by testamentary disposition
or by operation of law. Transfer of copyright
(2) An assignment of copyright may be limited by reference to-
(a) one or more particular acts which the copyright owner has the exclusive
right to authorise under this Act;
(b) a part of the period for which the copyright subsists under this Act; or
(c) a specified country or geographic area. (3) Copyright which is expected to arise in the future may be assigned. (4) An assignment of copyright shall be in writing signed by or on behalf of the
assignor. DURATION O F COPYRIGHT
12. (1) Subject to this section, copyright in a literary, musical or artistic work or
compilation shall expire at the end of the period of fifty years from the end of the calendar
year in which the author dies.

sical or artistic work or
compilation shall expire at the end of the period of fifty years from the end of the calendar
year in which the author dies.

Literary, musical and
artistic works
(2) If the work is produced by a public officer or employee of the Government of
Zambia or of a Convention country in the course of his employment, and the Government
concerned is the first owner of the copyright in the work, the copyright in the work shall
expire at the end of the period of fifty years from the end of the calendar year in which the
work is made. (3) If the work is of unknown authorship, the copyright in the work shall expire at the
end of the period of fifty years from the end of the calendar year in which the work is first
published, unless the identity of the author of the work becomes known before that date. (4) In the case of a work of joint authorship-
(a) the reference in sub-section (1) to the death of the author shall be read as a
reference to the death of the last to die of the authors whose identity is
known; and

in sub-section (1) to the death of the author shall be read as a
reference to the death of the last to die of the authors whose identity is
known; and

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(b) the reference in sub-section (3) to the identity of the author becoming
known shall be read as a reference to the identity of any of the authors
becoming known. 13. Copyright in an audiovisual work or sound recording shall expire-
(a) at the end of the period of fifty years from the end of the calendar year in
which it is made; or
(b) at the end of the period of fifty years from the end of the calendar year in
which it is first published, if it is published within the period referred to in
paragraph (a). Audiovisual works and
sound recordings
14. Copyright in a broadcast or cable program shall expire at the end of the period
of fifty years from the end of the calendar year in which the broadcast or cable program
was first transmitted. Broadcasts and cable
programs
15. Copyright in a computer program shall expire at the end of the period of fifty
years from the end of the calendar year in which the program was first published. Computer programs
16.

shall expire at the end of the period of fifty
years from the end of the calendar year in which the program was first published. Computer programs
16.

Copyright in the typographical arrangement of a published edition shall expire
at the end of the period of twenty-five years from the end of the calendar year in which the
edition was first published. Typographical
arrangements
I NFRINGEMENT OF COPYRIGHT
17. (1) The owner of the copyright in a work shall have, in accordance with this Act,
the exclusive right to do, or to authorise others to do, in Zambia or on any ship or aircraft
registered in Zambia, the acts (in this Act called "controlled acts") specified in this section
in relation to each category of work. Acts controlled by
copyright
(2) The controlled acts in relation to a literary or musical work or to a compilation or
computer program are-
(a) the publication;
(b) the reproduction in any material form;
(c) the broadcasting or inclusion in a cable program service;
(d) the communication to the public by any other means;
(e) the importation into Zambia of copies; and

asting or inclusion in a cable program service;
(d) the communication to the public by any other means;
(e) the importation into Zambia of copies; and

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(f) the adaptation;
of the work, together with any of the controlled acts in paragraphs (a) to (e) in relation to
an adaptation of the work.
(3) the controlled acts in relation to an artistic work are-
(a) the reproduction in any material form;
(b) the publication;
(c) the broadcasting or inclusion in a cable program service;
(d) the communication to the public by any other means; and
(e) the importation into Zambia of copies;
of the work.
(4) The controlled acts in relation to an audiovisual work or sound recording are-
(a) the adaptation;
(b) the reproduction;
(c) the publication;
(d) the broadcasting or inclusion in a cable program;
(e) the communication to the public by any other means;
and
(f) the importation into Zambia of copies;
of the audiovisual work or sound recording, together with any of the controlled acts in
paragraphs (b) to (e) in relation to an adaptation of the audiovisual work or sound
recording.
(5) the Controlled acts in relation to a broadcast or cable program are-
(a) the reproduction;

adaptation of the audiovisual work or sound
recording.
(5) the Controlled acts in relation to a broadcast or cable program are-
(a) the reproduction;

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(b) in the case of a broadcast-
(i) the re-broadcasting; or
(ii) the inclusion in a cable program;
(c) in the case of a cable program-
(i) the broadcasting; or
(ii) the inclusion in another cable program; and
(d) the communication to the public by any other means;
of the broadcast or cable program. (6) The controlled acts in relation to the typographical arrangement of a published
edition are-
(a) the reproduction; and
(b) the importation into Zambia of copies;
of the arrangement. (7) The doing of an act controlled by the copyright in a work includes the doing of
that act in relation to a substantial part of the work. 18. Subject to section twenty-one, copyright in a work is infringed by a person who,
without the consent of the owner of the copyright, does, or authorises another person to
do, a controlled act in relation to the work. Copyright is infringed
by the doing of a
controlled act
19.

right, does, or authorises another person to
do, a controlled act in relation to the work. Copyright is infringed
by the doing of a
controlled act
19.

Subject to section twenty-one, copyright in a work is also infringed by a person
who, without the consent of the copyright owner-
(a) imports into Zambia otherwise than-
Copyright is infringed
by importation, etc. of
infringing copies
(i) for his private and domestic use; and

er-
(a) imports into Zambia otherwise than-
Copyright is infringed
by importation, etc. of
infringing copies
(i) for his private and domestic use; and

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(ii) as items accompanying him on his entry into Zambia;
(b) possesses in the course of trade or business;
(c) sells or lets for hire, or offers or exposes for sale or hire;
(d) exhibits in public or distributes, in the course of trade or business; or
(e) distributes, otherwise than in the course of trade or business, to such an
extent as to affect prejudicially the owner of the copyright;
articles which are infringing copies of the work, unless he satisfies the court that he did not
know and had no reasonable grounds for knowing that the articles were infringing copies
of the work. 20.

unless he satisfies the court that he did not
know and had no reasonable grounds for knowing that the articles were infringing copies
of the work. 20.

(1) Subject to section twenty-one, copyright in a work is also infringed by a
person who, without the consent of the owner of the copyright-
Copyright is infringed
by making or trading in
articles for making
infringing copies, or
transmission for the
purpose of making
infringing copies
(a) makes or causes to be made;
(b) imports into Zambia; or
(c) sells or lets for hire, or offers or exposes for sale or hire;
an article specifically designed or adapted for making copies of that particular work, unless
he satisfies the court that he did not know and had no reasonable grounds for knowing
that the article would be used for making such infringing copies. (2) Copyright in a work is infringed by a person who, without the licence of the
copyright owner, transmits the work by electronic means (otherwise than by broadcasting
or by means of a cable transmission service) knowing or having reason to believe that
infringing copies of the work will be made by means of the reception of the transmission in
Zambia or elsewhere. 21.

or having reason to believe that
infringing copies of the work will be made by means of the reception of the transmission in
Zambia or elsewhere. 21.

(1) Subject to sub-section (2), the following acts shall not constitute
infringement of copyright:
Acts which do not
constitute
infringements
(a) fair dealing with a work for private study or for the purposes of research
done by an individual for his personal purposes, otherwise than for profit;
(b) fair dealing with a work for the purposes of criticism or review, whether of
that work or any other work, provided there is a sufficient
acknowledgement;

r dealing with a work for the purposes of criticism or review, whether of
that work or any other work, provided there is a sufficient
acknowledgement;

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(c) fair dealing with a work for the purposes of reporting current events-
(i) in a newspaper, magazine or similar periodical, provided there is a
sufficient acknowledgement;
or
(ii) by broadcasting or by inclusion in a cable program service or by its
use in an audiovisual work;
(d) the reproduction of a work for the purposes of judicial proceedings, or of
any other proceedings before a tribunal established by law, or for the
purposes of a report of judicial proceedings or any other such proceedings;
(e) the reading or recitation in public of any reasonable extract from a
published literary work, provided there is a sufficient acknowledgement;
(f) the reproduction of a work for the purposes of the education system of
Zambia-
(i) by a teacher or pupil in the course of instruction, provided that the
reproduction is not made by means of an appliance capable of
producing multiple copies; or
(ii) as part of the questions to be answered in an examination; or
(iii) in answer to such questions;
(g) the performance of a dramatic work by the staff and students of a school or
other educational institution for the purposes of the education system of
Zambia in the course of the activities of the school or institution, if the
audience is composed exclusively of-
(i) the staff and students of the school or institution; or
(ii) the parents and guardians of the students; or
(iii) other persons directly connected with the activities of the school or
institution;
(h) the incidental inclusion of a work in an artistic work, audiovisual work,
sound recording, broadcast or cable program;
(i) the publishing, broadcasting, inclusion in a cable program service, or the
communication to the public by any other means of anything whose making
was, by virtue of paragraph (h), not an infringement of the copyright;
(j) the reproduction of a work by a library or archive designated for the
purposes of this paragraph by the Minister for the purpose of making a copy
of any item in the permanent collection of the library or archive-
(i) in order to preserve or replace that item by placing the copy in
permanent collection either in addition to or in place of the item; or
(ii) in order to replace in the permanent collection of another designated
library or archive an item which has been lost, destroyed or
damaged:

m; or
(ii) in order to replace in the permanent collection of another designated
library or archive an item which has been lost, destroyed or
damaged:

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Provided that it is not reasonably practicable to purchase a copy of the item
in question;
(k) the reproduction of a computer program made from a copy of the program
by the owner of that copy for the purpose of being used in place of that
copy in the event that it is lost, destroyed or corrupted;
(l) the recording of a broadcast or cable program by an individual for the
purpose of allowing the individual to listen to or view the broadcast or
program at a time more convenient to him. (2) An act which-
(a) conflicts with the normal commercial exploitation of a work; or
(b) unreasonably prejudices the legitimate commercial interests of the owner of
the copyright in a work;
shall not, for the purposes of sub-section (1)-
(i) be treated as fair dealing with the work; or
(ii) be treated as an act to which paragraph (f) of sub-section (1) applies.

oses of sub-section (1)-
(i) be treated as fair dealing with the work; or
(ii) be treated as an act to which paragraph (f) of sub-section (1) applies.

(3) Copyright in a literary, musical or artistic work is not infringed by an act done at a
time when, or in pursuance of arrangements made at a time when-
(a) the work is of unknown authorship; and
(b) it is reasonable to assume-
(i) that copyright 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 the arrangements are
made. (4) For the purposes of this section, "sufficient acknowledgement" means an
acknowledgment identifying the work in question by its title or other description and,
unless the work is anonymous or the author has previously agreed or required that no
acknowledgement of his name should be made, also identifying the author. COLLECTING SOCIETIES

or the author has previously agreed or required that no
acknowledgement of his name should be made, also identifying the author. COLLECTING SOCIETIES

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22. (1) For the purposes of this Act-
"collecting society" means an association, partnership or body corporate whose
principal purpose, or one of whose principal purposes, is the representation
of copyright owners in the negotiation and administration of collective
copyright agreements;
"collective copyright agreement" means an agreement between a group of owners
of copyrights and another person licensing the person to use material
subject to any of the copyrights. Collecting societies
may be authorised to
represent copyright
owners
(2) A collecting society may apply to the Registrar for registration and, if the
Registrar is satisfied that it qualifies under sub-section (1), he shall register it as such. (3) The owner of a copyright may authorise a collecting society (whether or not
registered) to negotiate and administer collective copyright licence agreements on behalf
of the owner and other copyright owners. (4) Sub-section (3) shall not have the effect of limiting any other right of an owner of
a copyright under this Act. 23.

r and other copyright owners. (4) Sub-section (3) shall not have the effect of limiting any other right of an owner of
a copyright under this Act. 23.

(1) Where a dispute arises between a registered collecting society and a person
who requires a licence from the collecting society regarding-
Disputes with
registered collecting
societies
(a) the decision of the collecting society whether or not to grant such a licence;
or
(b) the terms and conditions on which the collecting society is prepared to
grant the licence;
either party may refer the dispute to the Registrar for arbitration. (2) Where a dispute has been referred to the Registrar under this section, the
Registrar shall, in accordance with such procedure (if any) as may be prescribed-
(a) give both parties an opportunity to present their respective cases, either in
person or through representatives, both orally and in writing; and
(b) after hearing both parties, make such written orders as he considers
reasonable. (3) An order by the Registrar under this section shall be binding on the parties. M ORAL RIGHTS

, make such written orders as he considers
reasonable. (3) An order by the Registrar under this section shall be binding on the parties. M ORAL RIGHTS

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24. (1) This section applies in relation to- Moral rights
(a) the author of a literary, musical or artistic work, other than a
computer-generated work; or
(b) the director of an audiovisual work;
other than a work to which sub-section (3) of section ten applied. (2) Notwithstanding the transfer of the copyright, or any part of it, the author or
director shall have the right-
(a) to be identified as the author or director of the works;
and
(b) to object to any distortion, mutilation or other modification or derogatory
action in relation to the work that would be prejudicial to his honour or
reputation. (3) The rights provided by this section shall expire on the death of the author or
director. (4) Where there is a dispute regarding the exercise by the author or director of his
rights under this section, and the dispute is not resolved by negotiation between the
parties, the dispute may be referred by any of the parties to the Registrar.

this section, and the dispute is not resolved by negotiation between the
parties, the dispute may be referred by any of the parties to the Registrar.

(5) After giving the parties to the dispute an opportunity of submitting
representations, the Registrar shall give, in writing, such directions for settling the dispute
as, in the circumstances, he considers reasonable, and the directions shall be binding on
all parties to the dispute. (6) The Court may, at the suit of the author or director, and subject to the provisions
of the State Proceedings Act, grant an injunction-
Cap. 71
(a) pending a settlement of dispute by the Registrar, in terms-
(i) prohibiting the doing of any disputed act in relation to the work
concerned; or
(ii) prohibiting the doing of any disputed act in relation to the work
concerned unless a disclaimer is made, in such terms and in such
manner as the Court may approve, dissociating the author from the
treatment of the work; or

ned unless a disclaimer is made, in such terms and in such
manner as the Court may approve, dissociating the author from the
treatment of the work; or

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(b) enforcing a settlement by the Registrar. PART III
ENFORCEMENT OF COPYRIGHT
25. (1) An infringement of copyright shall be actionable in the Court at the suit of
the owner of the copyright. Infringement
actionable by copyright
owner
(2) Subject to this section, in an action for infringement of copyright, all such relief
by way of damages, injunctions, accounts or otherwise shall be available to the plaintiff as
is available in respect of the infringement of any other property right. (3) In an action under this section, proof of actual damage shall not be required. (4) In an action under this section, the plaintiff shall not be entitled to damages if the
defendant shows that he reasonably believed that no copyright subsisted in the work. (5) No injunction shall be issued under sub-section (2) which requires a completed
or partly built building to be demolished or which prevents the completion of a partly built
building. 26.

sub-section (2) which requires a completed
or partly built building to be demolished or which prevents the completion of a partly built
building. 26.

Where a person-
(a) has an infringing copy of a work in his possession, custody or control in the
course of a trade or business; or
(b) has in his possession, custody or control an article specifically designed or
adapted for making copies of a particular copyright work;
the court may, on the application of the owner of the copyright in the work, order that the
infringing copy or the article be forfeited and delivered up to the owner of the copyright. Right to delivery up of
infringing copies
27. (1) The owner of the copyright in a literary or musical work, compilation,
audiovisual work or sound recording, may, if the work has been published, give notice in
writing to the Controller of Customs-
Restriction on
importation of
infringing copies
(a) that he is the owner of the copyright in the work; and
(b) that he requests the Controller to treat as prohibited goods, during the
period specified in the notice, copies of the work which are infringing
copies.

at he requests the Controller to treat as prohibited goods, during the
period specified in the notice, copies of the work which are infringing
copies.

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(2) The period specified in a notice under sub-section (1) shall not exceed-
(a) five years; or
(b) the remainder of the duration of the copyright;
whichever is less. (3) The Controller of Customs may require a notice given to him under this section
to be supported by such evidence as he thinks necessary. (4) Where the Controller of Customs is satisfied that there is a reasonable
probability that attempts may be made to import infringing copies of the work, and that it is
in the public interest that the copies be made prohibited imports-
(a) he shall issue a notice in the Gazette to the effect that, during a specified
period (being a period not longer than that specified in the application)
infringing copies of the work concerned shall be prohibited imports; and
(b) during the period so specified-
(i) a person shall not import infringing copies of the work concerned,
otherwise than for his private and domestic use; and
(ii) any infringing copy imported in contravention of sub-paragraph (i)
shall be subject to forfeiture. 28.

than for his private and domestic use; and
(ii) any infringing copy imported in contravention of sub-paragraph (i)
shall be subject to forfeiture. 28.

(1) Any person who during the subsistence of copyright in a work- Offences
(a) makes for sale or hire any infringing copy;
(b) sells, lets for hire or by way of trade, exposes or offers for sale or hire any
infringing copy;
(c) distributes infringing copies;
(d) possesses, otherwise than for his private and domestic use, any infringing
copy;
(e) by way of trade, exhibits in public any infringing copy;

ies;
(d) possesses, otherwise than for his private and domestic use, any infringing
copy;
(e) by way of trade, exhibits in public any infringing copy;

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(f) imports into Zambia, otherwise than-
(i) for his private and domestic use; and
(ii) as items accompanying him on his entry into Zambia;
an infringing copy; or
(g) makes or has in his possession any article used or intended to be used for
the purpose of making infringing copies;
shall, unless he satisfies the Court that he had acted in good faith and had no reasonable
grounds for supposing that copyright would or might thereby be infringed, be guilty of an
offence and shall be liable-
(i) on a first conviction, to a fine not exceeding-
(a) fifty thousand penalty units; or
(b) ten penalty units for each infringing copy;
whichever is greater, or to imprisonment for a term not exceeding five years, or to both; or
(ii) on a subsequent conviction, to a fine not exceeding-
(a) one hundred thousand penalty units; or
(b) twenty penalty units for each infringing copy;
whichever is greater, or to imprisonment for a term not exceeding ten years, or to both.

units; or
(b) twenty penalty units for each infringing copy;
whichever is greater, or to imprisonment for a term not exceeding ten years, or to both.

(2) A person who makes or imports for sale or hire any article specifically designed
or adapted to circumvent the operation of a device or system designed or adapted to
prevent or control the reproduction of a recording of a work shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding fifty thousand penalty units or to
imprisonment for a term not exceeding five years, or to both. (3) A person who dishonestly receives a program included in a broadcast or in a
cable program service provided from a place in Zambia with intent to avoid payment of
any charge applicable to the reception of the program shall be guilty of an offence and
shall be liable to a fine not exceeding fifty thousand penalty units or to imprisonment for a
term not exceeding five years or to both.

an offence and
shall be liable to a fine not exceeding fifty thousand penalty units or to imprisonment for a
term not exceeding five years or to both.

(4) Where a person is charged with an offence against this section, the court may,
whether or not he is convicted of the offence, order that any article in his possession
which appears to the court to be an infringing copy, or to be an article used or intended to
be used for making infringing copies or for the commission of an offence against this
section, shall be destroyed or delivered up to the owner of the copyright in question or
otherwise dealt with as the court thinks fit. (As amended by Act No. 13 of 1994)

estroyed or delivered up to the owner of the copyright in question or
otherwise dealt with as the court thinks fit. (As amended by Act No. 13 of 1994)

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29. In any proceedings brought under this Act, a person who has in his
possession, custody or control five or more infringing copies of a work in the same form
shall be presumed to be in possession of, or to have imported, the copies otherwise than
for private or domestic use. Presumption as to
possession of copies
30. (1) This section shall apply in proceedings for an infringement of the copyright
in a work. Presumptions as to
existence of copyright
(2) Copyright shall be presumed to subsist in the work if the defendant does not put
in issue the question whether copyright subsists therein. (3) Where the subsistence of the copyright is proved or admitted or is presumed in
accordance with sub-section (2), the plaintiff shall be presumed to be the owner of the
copyright, if he claims to be the owner of the copyright and the defendant does not put in
issue the question of his ownership thereof.

e owner of the
copyright, if he claims to be the owner of the copyright and the defendant does not put in
issue the question of his ownership thereof.

(4) If the question arises whether an article is an infringing copy of a work and it is
shown-
(a) that the article is a copy of the work; and
(b) that copyright subsists in the work or has subsisted at any time;
it shall be presumed that the article was made at a time when copyright subsisted in the
work. 31. (1) This section shall apply in proceedings for an infringement of the copyright
in a work other than a broadcast or cable program. Presumptions as to
authorship and date of
publication
(2) Where a published work, in its published form, states, or carries a label or other
mark that states-
(a) that a named person was the author of the work;
(b) in the case of an audiovisual work, that a named person was the director or
producer of the audiovisual work;
(c) that a named person was the owner of the copyright at a specified time,
being a time not later than the time of publication; or

audiovisual work;
(c) that a named person was the owner of the copyright at a specified time,
being a time not later than the time of publication; or

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(d) that the work was first published in a specified year or in a specified
country;
the statement shall be admissible as evidence of the fact stated and shall be presumed to
be correct. (3) Where an audiovisual work, whether published or not, is shown in public,
broadcast or included in a cable program service and the work as so shown, broadcast or
included in the cable program service states-
(a) that a named person was the director or producer of the work;
(b) that a named person was the owner of the copyright at
a specified time, being a time not later than the time of showing, broadcast
or inclusion in the program; or
(c) that the work was first published in a specified year or in a specified
country;
the statement shall be admissible as evidence of the fact stated and shall be presumed to
be correct. (4) Where an original artistic work carries a name purporting to be the name of the
author, that person shall be presumed to be the author of the work.

4) Where an original artistic work carries a name purporting to be the name of the
author, that person shall be presumed to be the author of the work.

(5) In the case of a work alleged to be a work of joint authorship, sub-sections (1),
(2) and (3) shall apply in relation to each person alleged to be one of the authors of the
work, as if references in those sub-sections to the author were references to one of the
authors. (6) Where, in an action for infringement in respect of a literary, musical or artistic
work, a compilation or a computer program, sub-section (1) does not apply, but-
(a) the work qualifies for copyright protection by virtue of the country of its first
publication; and
(b) a name purporting to be that of the publisher appeared on copies of the
work as first published;
then, subject to sub-section (1), the person whose name so appeared shall be presumed
to have been the owner of that copyright at the time of the publication. (7) Where, in an action for infringement in respect of a literary, musical or artistic
work, a compilation or a computer program, it is established that the author of the work is
dead-

gement in respect of a literary, musical or artistic
work, a compilation or a computer program, it is established that the author of the work is
dead-

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(a) the work shall be presumed to be an original work; and
(b) if it is alleged by the plaintiff that a publication on a specified date in a
specified country was the first publication of the work, that publication shall
be presumed to have been the first publication of the work and to have
taken place in that country and on that date. 32. (1) Subject to this section, an affidavit or statutory declaration by any person
claiming to be the owner of the copyright in any work eligible for copyright under this Act or
by his agent, stating that-
Affidavit admissible in
evidence
(a) at a time specified therein copyright subsisted in the work;
(b) the person is the owner of the copyright; and
(c) a copy of the work annexed thereto is a true copy thereof;
shall be admissible in any proceedings under this Act as primafacie evidence of the facts
contained therein. (2) Where the affidavit or declaration is made by an agent of the person claiming to
be the copyright owner, the document setting forth the agent's authority to act in the
matter shall be annexed to the affidavit or declaration.

ing to
be the copyright owner, the document setting forth the agent's authority to act in the
matter shall be annexed to the affidavit or declaration.

(3) If the ownership of the copyright is claimed by a body of persons (whether
corporate or unincorporated), the affidavit or declaration shall be made by a responsible
officer of the body. (4) Where the affidavit or declaration is made outside Zambia, the signature of the
person before whom it is made shall be authenticated in accordance with the
Authentication of Documents Act. Cap. 75
33. (1) Where information is given on oath to a Magistrate that there is reasonable
cause for suspecting that there is in any house or premises any infringing copy or any
article used or intended to be used for making infringing copies, or any other article, book
or document by means of or in relation to which an offence against section twenty-eight
has been committed, the Magistrate may issue a warrant under his hand by virtue of
which any police officer, of or above the rank of Inspector, named or referred to in the
warrant may enter the house or premises at any reasonable time by day or night and
search for and seize any such copy, contrivance, article, book or document.

may enter the house or premises at any reasonable time by day or night and
search for and seize any such copy, contrivance, article, book or document.

Issue of warrants to
enter, search and
seize
(2) A police officer who seizes anything under this section shall, within forty-eight
hours after the seizure, produce the same before a Magistrate, and upon the production
the Magistrate shall direct the same to be kept in the custody of the officer in charge of the
police for the purpose of any investigation or prosecution under this Act.

l direct the same to be kept in the custody of the officer in charge of the
police for the purpose of any investigation or prosecution under this Act.

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34. (1) Any police officer of or above the rank of Inspector may, in the exercise of
powers conferred by or under section thirty-three, if it is necessary so to do-
Power to use force,
detain persons
(a) break open any outer or inner door of a dwelling house or any other
premises;
(b) forcibly enter any part of the premises;
(c) remove by force any obstruction to entry, search, seizure or removal; and
(d) detain every person found on the premises until the premises have been
searched. (2) Where a forcible entry is made under this section, the police officer concerned
shall make arrangements to ensure that the premises are left as secure as they were
before the entry. 35. (1) Where it appears to a police officer exercising powers under this Part that it
is not practical to seize and remove from where they are found any thing or document that
he is entitled to seize in the exercise of his powers, by reason of their nature, size or
amount, he may by any means seal the things or documents in the premises or container
in which they are found.

ers, by reason of their nature, size or
amount, he may by any means seal the things or documents in the premises or container
in which they are found.

Sealing of things
(2) A person who, without lawful authority, breaks, tampers with or damages such a
seal or removes things or documents so sealed shall be guilty of an offence, and shall be
liable on conviction to a fine not exceeding twenty thousand penalty units or imprisonment
for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994)
36. (1) A police officer seizing or sealing any infringing copy, contrivance, article,
book or document under this Part shall prepare a list of the things seized or sealed and
forthwith deliver a copy signed by him to the occupier, or his agents or servants present in
the premises. List of things seized or
sealed
(2) If the premises are unoccupied, the police officer shall, wherever possible, affix a
list of the things seized or sealed on a surface of the premises.

If the premises are unoccupied, the police officer shall, wherever possible, affix a
list of the things seized or sealed on a surface of the premises.

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37. For the purposes of this Act, including any proceedings for infringement or for
an offence under this Act, where a package, container or other receptacle containing
articles alleged to be infringing copies or to be otherwise subject to seizure, has been
seized, it shall be sufficient to examine a sample consisting of one percent of the articles,
or five articles, whichever is the smaller number; and if it is established that all the articles
in the sample are identical with each other, it shall be presumed that the remainder of the
articles in the package, container or receptacle are identical with the articles in the
sample. Articles in containers
need only to examine
sample
38.

articles in the package, container or receptacle are identical with the articles in the
sample. Articles in containers
need only to examine
sample
38.

Any person who-
(a) refuses a police officer access to any place when the officer is seeking to
exercise his powers under this Act;
(b) assaults, obstructs, hinders or delays a police officer in effecting any entry
which the officer is entitled to effect under this Act, or in the execution of
any duty imposed power conferred on him by this Act;
(c) refuses to give to a police officer any information relating to an offence or
suspected offence under this Act or any other information which may
reasonably be required of him and which he has in his knowledge or power
to give; or
(d) knowingly gives false information to a police officer seeking to exercise his
powers under this Act;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten
thousand penalty units or to imprisonment for a term not exceeding twelve months, or to
both. (As amended by Act No. 13 of 1994)
Obstruction to search
PART IV
REGISTER OF COPYRIGHTS
39. (1) For the purposes of this Part, where the copyright in a work is owned by
more than one person (otherwise than as joint owners) the rights held by each of those
persons shall be regarded as a separate copyright.

is owned by
more than one person (otherwise than as joint owners) the rights held by each of those
persons shall be regarded as a separate copyright.

The register of
copyrights
(2) The Registrar shall keep a register of copyrights in works other than broadcasts
or cable programs. (3) The register, and copies of the works concerned, shall be made available for
inspection by members of the public on payment of a fee of not more than twenty fee
units, or such larger amounts as may be prescribed in the regulations. (4) The existence and enforceability of a copyright shall be independent of whether
or not it is registered under this Part.

ribed in the regulations. (4) The existence and enforceability of a copyright shall be independent of whether
or not it is registered under this Part.

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40. (1) If the owner of a copyright in a work wishes to register it, he shall lodge with
the Registrar-
Registration and issue
of certificate
(a) a claim for registration, in a form approved by the Registrar;
(b) a copy of the work in which copyright is claimed;
(c) particulars of-
(i) the owner of the copyright;
(ii) the type of copyright claimed and any limitations on the copyright
held by that owner;
(iii) the date on which the copyright arose;
(iv) the person from whom the copyright was acquired, if the owner of
the copyright is not the first owner of the copyright; and
(v) any other matters required by the approved form; and
(d) a statutory declaration that he is the owner of the copyright described. (2) Where a claim is for copyright in relation to a work already on the register, the
Registrar may waive the requirement that a copy of the work be lodged with the
application.

pyright in relation to a work already on the register, the
Registrar may waive the requirement that a copy of the work be lodged with the
application.

(3) On receiving a claim in accordance with this section, the Registrar shall register
the copyright, assign it an identifying number and issue a certificate of registration stating-
(a) that on the date specified in the certificate, the person named in the
certificate claimed the copyright in the work;
(b) the type of copyright claimed and any limitations;
(c) the date on which the copyright arose; and
(d) that a copy of the work may be inspected at the office of the Registrar. (4) Where any particulars in relation to a registered copyright change, the owner of
the copyright shall lodge details of the changed particulars with the Registrar.

articulars in relation to a registered copyright change, the owner of
the copyright shall lodge details of the changed particulars with the Registrar.

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41. Where a copyright is registered under this Part in the name of a person, the
Registrar shall not transfer the registration to the name of another person except-
(a) on lodgement with the Registrar of an instrument, in a form approved by the
Registrar, evidencing the assignment of the copyright to the other person
and executed by both the assignor and assignee or by persons duly
authorised on behalf of the assignor or assignee; or
(b) on presentation to the Registrar of such evidence as he may reasonably
require that ownership of the copyright has devolved on the other person by
reason of his being the legal personal representative, receiver or trustee in
bankruptcy of the first person, or otherwise by operation of law. Transfer of registration
42. Where a copyright is registered under this Part in the name of a person, and
the court, on the application of another person, is satisfied that the other person is the
owner of the copyright, the court may order that the Registrar rectify the register in the
manner specified in the order. Rectification of register
43.

wner of the copyright, the court may order that the Registrar rectify the register in the
manner specified in the order. Rectification of register
43.

Where-
(a) registration is transferred;
(b) the register is ordered to be rectified under this Part;
(c) particulars relating to a registered copyright are varied so that the certificate
is no longer accurate; or
(d) the Registrar is satisfied that a certificate has been lost or destroyed;
the Registrar shall issue a new certificate of registration worded to meet the
circumstances of the case. Issue of new certificate
PART V
RIGHTS IN PERFORMANCES
44. In this Part, unless the context otherwise requires- Interpretation
"performer's right" means the right of a performer conferred by section forty-five in
relation to a performance;
"performance" means-
(a) a performance of drama, dance or mime;
(b) a musical performance;
(c) a reading or recitation of a literary work; or

ormance;
"performance" means-
(a) a performance of drama, dance or mime;
(b) a musical performance;
(c) a reading or recitation of a literary work; or

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(d) a performance of a variety act or any similar presentation;
insofar as it is a live performance given by one or more individuals;
"recording right" means the right of a performance recorder conferred by section
forty-five in relation to a performance;
"qualifying person" means a person who is-
(a) a citizen or habitual resident of; or
(b) a body corporate incorporated in;
Zambia or another country to which the provisions of this Part have been
applied under section fifty-six;
"qualifying performance" means a performance-
(a) given by a person who is a citizen of, or habitual resident in; or
(b) which takes place in;
Zambia or another country to which the provisions of this Part have been
applied under section fifty-six. 45. (1) A performer shall have, in accordance with this Part, the right, in this Act
called the "performer's right", to exploit a qualifying performance by him by means of the
recording, broadcast or inclusion in a cable program service of the performance.

's right", to exploit a qualifying performance by him by means of the
recording, broadcast or inclusion in a cable program service of the performance.

Conferment of
performer's right and
recording right
(2) A qualifying person who-
(a) has the benefit of an exclusive recording contract in relation to a
performance; or
(b) has been licensed by a person who-
(i) has the benefit of an exclusive recording contract in relation to the
performance; and
(ii) is not a qualifying person;

licensed by a person who-
(i) has the benefit of an exclusive recording contract in relation to the
performance; and
(ii) is not a qualifying person;

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to make recordings of the performance with a view to their being sold, let
for hire or shown or played to the public;
whether or not the performance is a qualifying performance, shall have a right, in this Act
called the "recording right", to exploit the qualifying performance by him by means of the
recording, broadcast or inclusion in a cable program service of the performance, in
accordance with this Part and the exclusive recording contract. (3) For the purposes of this section, a person has an "exclusive recording contract"
with a performer if the person is entitled under the contract to the exclusion of all other
persons (including the performer) to make recordings of one or more of his performances
with a view to the recordings being sold or let for hire, or shown or played in public. 46. (1) Performer's right shall be a property right, but shall not be assignable or
transferrable except on death by testamentary disposition or by the operation of law. Transfer of rights
(2) Recording right shall not be assignable or otherwise transferable.

eath by testamentary disposition or by the operation of law. Transfer of rights
(2) Recording right shall not be assignable or otherwise transferable.

(3) Nothing in this section shall affect the creation of recording rights by the
operation of sub-section (2) of section forty-five on licensing agreements. 47. Performer's right and recording right in relation to a performance shall subsist
for fifty years from the end of the calendar year in which the performance takes place. Duration of rights in
performances
48. (1) Performer's right in relation to a performance is infringed by a person who,
without the consent of the performer-
Infringement of
performer's rights
(a) makes, otherwise than for his private and domestic use, a recording of the
whole or any substantial part of a qualifying performance; or
(b) broadcasts live, or includes live in a cable program service, the whole or
any substantial part of a qualifying performance. (2) Performer's right in relation to a performance is infringed by a person who,
without the consent of the performer-
(a) shows or plays in public; or
(b) broadcasts or includes in a cable program service;
the whole or any substantial part of the performance by means of a recording which was,
and which that person knows or has reason to believe was, made without the consent of
the performer.

he performance by means of a recording which was,
and which that person knows or has reason to believe was, made without the consent of
the performer.

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(3) Performer's right in relation to a performance is infringed by a person who,
without the consent of the performer-
(a) imports into Zambia otherwise than for his private and domestic use; or
(b) in the course of business possesses, sells or lets for hire, offers or exposes
for sale or hire, or distributes;
a recording of a qualifying performance which was, and which that person knows or has
reason to believe was, made without the consent of the performer. 49. (1) Recording right in relation to a performance is infringed by a person who,
without the consent of either the performer or the holder of the recording rights, makes,
otherwise than for his private and domestic use, a recording of the whole or any
substantial part of the performance.

of the recording rights, makes,
otherwise than for his private and domestic use, a recording of the whole or any
substantial part of the performance.

Infringement of
recording rights
(2) Recording right in relation to a performance is infringed by a person who-
(a) without the consent of the holder for the time being of the recording rights;
and
(b) in the case of a qualifying performance, without the consent of the
performer;
shows or plays in public, or broadcasts or includes in a cable program service, the whole
or any substantial part of the performance by means of a recording which was, and which
that person knows or has reason to believe was, made without the consent of one of those
persons. (3) Recording right in relation to a performance is infringed by a person who-
(a) without the consent of the holder for the time being of the recording rights;
and
(b) in the case of a qualifying performance, without the consent of the
performer;
imports into Zambia otherwise than for his private and domestic use, or in the course of
business possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes a
recording of the performance which was, and which that person knows or has reason to
believe was, made without the consent of one of those persons. 50.

ecording of the performance which was, and which that person knows or has reason to
believe was, made without the consent of one of those persons. 50.

(1) Subject to sub-section (2), the following acts shall not constitute
infringement of performer's right or recording right:
Acts which do not
constitute
infringements

-section (2), the following acts shall not constitute
infringement of performer's right or recording right:
Acts which do not
constitute
infringements

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(a) fair dealing with a performance or recording for private study or for the
purposes of research done by an individual for his personal purposes,
otherwise than for profit;
(b) fair dealing with a performance or recording for the purposes of criticism or
review, whether of that performance or any other performance, provided
there is a sufficient acknowledgement;
(c) fair dealing with a performance or recording for the purposes of reporting
current events by broadcasting or by inclusion in a cable program service or
by its use in an audiovisual work;
(d) the recording of a performance or reproduction of a recording for the
purposes of judicial proceedings, or of any other proceedings before a
tribunal established by law, or for the purposes of a report of judicial
proceedings or any other such proceedings;
(e) the incidental inclusion of a recording in an audiovisual work, sound
recording, broadcast or cable program;
(f) the publishing, broadcasting, inclusion in a cable program service, or the
communication to the public by any other means of anything the making of
which was, under paragraph (e), not an infringement of performer's right or
recording right.

o the public by any other means of anything the making of
which was, under paragraph (e), not an infringement of performer's right or
recording right.

(2) An act which-
(a) conflicts with the normal commercial exploitation of a performance; or
(b) unreasonably prejudices the legitimate commercial interests of the
performer or holder of a recording right in a work;
shall not, for the purposes of sub-section (1), be treated as fair dealing. (3) For the purposes of this section, "sufficient acknowledgement" means an
acknowledgement identifying the performer. 51. (1) An infringement of performer's right shall be actionable in the court at the
suit of the performer or his successor in title. Infringement of
performer's right is
actionable
(2) An infringement of recording right shall be actionable in the court at the suit of
the holder of the recording right.

former's right is
actionable
(2) An infringement of recording right shall be actionable in the court at the suit of
the holder of the recording right.

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(3) In an action under this section, all such relief by way of damages, injunctions,
accounts or otherwise shall be available to the plaintiff as is available in respect of the
infringement of any other property right. 52. A person who does an act which constitutes an infringement of performer's
right or recording right in relation to a performance, knowing or having reason to believe
that the act would constitute such an infringement shall be guilty of an offence, and shall
be liable on conviction to a fine not exceeding twenty thousand penalty units or to
imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Offence of infringing
performer's or
recording right
53. (1) A person who represents falsely that he is authorised by a person to give
consent for the purposes of this Part in relation to a performance shall be guilty of an
offence, and shall be punishable on conviction to a fine not exceeding ten thousand
penalty units or to imprisonment for a term not exceeding one year, or to both.

shall be punishable on conviction to a fine not exceeding ten thousand
penalty units or to imprisonment for a term not exceeding one year, or to both.

False representation
of authority to give
consent
(2) It shall be a defence to a charge under sub-section (1) if the defendant proves
that he believed on reasonable grounds that he had the represented authority. (As amended by Act No. 13 of 1994)
PART VI
M ISCELLANEOUS
54. (1) There shall be a Registrar of Copyright, who shall be a public officer
appointed under the Service Commissions Act. Registrar of copyright
Cap. 259
(2) The duties and functions of the Registrar shall be-
(a) to monitor the activities of collecting societies;
(b) to encourage and facilitate the development of collecting societies;
(c) at the request of copyright owners or collecting societies, to examine cases
of alleged copyright infringement and, where appropriate, to advise the
Director of Public Prosecutions;
(d) to provide information and advice on copyright matters to the Minister; and
(e) to perform such other duties or functions as are provided for under this or
any other Act.

on and advice on copyright matters to the Minister; and
(e) to perform such other duties or functions as are provided for under this or
any other Act.

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(3) The Registrar shall be assisted by a staff of persons appointed under the
Service Commissions Act. Cap. 259
55. (1) The Registrar may, subject to Articles II, III and IV of the Appendix to the
Convention (reproduction in the Schedule), grant licences under this section for persons
to translate or reproduce certain works. Registrar may
authorise translation
and reproduction of
works in certain cases
(2) Where-
(a) a work in printed or analogous form; or
(b) an audiovisual work produced solely for the purposes of systematic
instruction;
is the subject of, or contains material the subject of, copyright under this Act and, at a time
more than three years after its first publication, no translation has been made into a
language in general use in Zambia, the Registrar may, on the application of a Zambian
citizen or company incorporated in Zambia, grant that person the right to translate the
work and reproduce the translation.

e application of a Zambian
citizen or company incorporated in Zambia, grant that person the right to translate the
work and reproduce the translation.

(3) The Registrar may on the application of a Zambian citizen or a company
incorporated in Zambia grant the person the right to translate for the purposes of
broadcasting, and to broadcast-
(a) a literary work subject to copyright; or
(b) any material subject to copyright contained in an audiovisual work produced
solely for the purposes of systematic instruction. (4) Where copies of a work-
(a) in printed or analogous form; or
(b) in audiovisual form;
have not been made available to the public in Zambia for a period of-
(i) three years, in the case of works of the natural and physical sciences,
mathematics or technology;
(ii) seven years, in the case of works of fiction, poetry, drama or music or art
books; or

e natural and physical sciences,
mathematics or technology;
(ii) seven years, in the case of works of fiction, poetry, drama or music or art
books; or

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(iii) five years, in any other case;
the Registrar may, on the application of a Zambian citizen or a company incorporated in
Zambia, grant the person the right to reproduce and distribute in Zambia copies of the
work. 56. The regulations may extend the provisions of this Act, or specified provisions
thereof, to works originating, or performances given, in another country provided that that
country is a party to a relevant convention or treaty relating to copyright or other rights
established by this Act to which Zambia is also a party. Application of Act to
works, etc. originating
in other countries
57. (1) The Minister may, by statutory instrument, make regulations for or with
respect to any matter that by this Act is required or permitted to be prescribed, or that is
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

this Act is required or permitted to be prescribed, or that is
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Regulations
(2) Without limiting the generality of sub-section (1), such regulations may be made
on-
(a) the administration of moral rights;
(b) the administration of authorisations under section fifty-five;
(c) the form and content of any application or other document required for the
purposes of this Act; and
(d) the payment of fees and charges in respect of any matter or anything done
or supplied under this Act. 58. (1) No act done before the commencement of this Act shall constitute an
infringement of copyright conferred by this Act or an offence against this Act. Transitional provisions
(2) No act done before the commencement of this Act shall constitute an
infringement of the rights conferred by section twenty-four (moral rights). (3) Performer's right and recording right shall not subsist in any performance that
took place before the commencement of this Act.

ur (moral rights). (3) Performer's right and recording right shall not subsist in any performance that
took place before the commencement of this Act.

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(4) Where before the commencement of this Act any person has incurred any
expenditure or liability in connection with or in contemplation of, the doing of an act in
relation to a protected work or a performance in respect of which rights are conferred by
this Act, being an act which prior to that date would have been lawful, nothing in this Act
shall diminish or prejudice any rights or interests of that person which, in relation to that
work or performance, are subsisting and valuable on the commencement of this Act,
unless the person who, under this Act, is the owner of the copyright or the person having
rights in the performance, agrees to pay such compensation as, in default of agreement,
may be fixed by the Registrar.
(5) Where an act done before the commencement of this Act was then an
infringement of copyright, proceedings in respect of that act may be taken as if this Act
had not been passed.
Cap. 701
59. The Copyright Act is hereby repealed. Repeal of Cap. 701
old edition

respect of that act may be taken as if this Act
had not been passed.
Cap. 701
59. The Copyright Act is hereby repealed. Repeal of Cap. 701
old edition

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SCHEDULE
(Section 54)
APPENDIX TO THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND
ARTISTIC WORKS
(SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES)
ARTICLE I
(Faculties Open to Developing Countries: 1. Availability of certain faculties; declaration; 2. Duration of effect of declaration;
3. Cessation of developing country status; 4. Existing stocks of copies; 5. Declaration concerning certain territories; 6.

n of effect of declaration;
3. Cessation of developing country status; 4. Existing stocks of copies; 5. Declaration concerning certain territories; 6.

Limits of reciprocity)
(1) Any country regarded as a developing country in conformity with the established practice of the General
Assembly of the United Nations which ratifies or accedes to this Act, of which this Appendix forms an integral part, and
which, having regard to its economic situation and its social or cultural needs, does not consider itself immediately in a
position to make provision for the protection of all the rights as provided for in this Act, may, by a notification deposited with
the Director General at the time of depositing its instrument of ratification or accession or, subject to Article V (1) (c), at any
time thereafter, declare that it will avail itself of the faculty provided for in Article II, or of the faculty provided for in Article III,
or of both those faculties. It may, instead of availing itself of the faculty provided for in Article II, make a declaration
according to Article V (1) (a). (2)(a) Any declaration under paragraph (1) notified before the expiration of the period of ten years from the entry into
force of Articles 1 to 21 and this Appendix according to Article 28 (2) shall be effective until the expiration of the said
period.

rom the entry into
force of Articles 1 to 21 and this Appendix according to Article 28 (2) shall be effective until the expiration of the said
period.

Any such declaration may be renewed in whole or in part for periods of ten years each by a notification deposited
with the Director-General not more than fifteen months and not less than three months before the expiration of the ten
years period then running. (b) Any declaration under paragraph (1) notified after the expiration of the period of ten years from the entry into
force of Articles 1 to 21 and this Appendix according to Article 28 (2) shall be effective until the expiration of the ten-year
period then running. Any such declaration may be renewed as provided for in the second sentence of sub-paragraph (a). (3) Any country of the Union which has ceased to be regarded as a developing country as referred to in paragraph
(1) shall no longer be entitled to renew its declaration as provided in paragraph (2), and, whether or not it formally
withdraws its declaration, such country shall be precluded from availing itself of the faculties referred to in paragraph (1)
from expiration of the ten-year period then running or from the expiration of a period of three years after it has ceased to be
regarded as a developing country, whichever period expires later.

running or from the expiration of a period of three years after it has ceased to be
regarded as a developing country, whichever period expires later.

(4) Where, at the time when the declaration made under paragraph (1) or (2) ceases to be effective, there are copies
in stock which were made under a licence granted by virtue of this Appendix, such copies may continue to be distributed
until their stock is exhausted. (5) Any country which is bound by the provisions of this Act and which has deposited a declaration or a notification in
accordance with Article 31 (1) with respect to the application of this Act to a particular territory, the situation of which can
be regarded as analogous to that of the countries referred to in paragraph (1), may, in respect of such territory, make the
declaration referred to in paragraph (1) and the notification of renewal referred to in paragraph (2). As long as such
declaration or notification remains in effect, the provisions of this Appendix shall be applicable to the territory in respect of
which it was made. (6)(a) The fact that a country avails itself of any of the faculties referred to in paragraph (1) does not permit another
country to give less protection to works of which the country of origin is the former country than it is obliged to grant under
Articles 1 to 20.

ther
country to give less protection to works of which the country of origin is the former country than it is obliged to grant under
Articles 1 to 20.

(b) The right to apply reciprocal treatment provided for in Article 30 (2) (b), second sentence, shall not, until the date
on which the period applicable under Article I (3) expires, be exercised in respect of works the country of origin of which is
a country which has made a declaration according to Article V (1) (a). ARTICLE II

, be exercised in respect of works the country of origin of which is
a country which has made a declaration according to Article V (1) (a). ARTICLE II

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(Limitations on the Right of Translation: 1. Licences granted by competent authority; 2. to 4. Conditions allowing the grant
of such licences; 5. Purposes for which licences may be granted; 6. Termination of licences; 7. Works composed mainly of
illustrations; 8. Works withdrawn from circulation; 9. Licences for broadcasting organisations)
(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled, so
far as works published in printed or analogous forms of reproduction are concerned, to substitute for the exclusive right of
translation provided for in Article 8 a system of non-exclusive and non-transferable licences, granted by the competent
authority under the following conditions and subject to Article IV.

a system of non-exclusive and non-transferable licences, granted by the competent
authority under the following conditions and subject to Article IV.

(2) (a) Subject to paragraph (3), if, after the expiration of a period of three years, or of any longer period determined
by the national legislation of the said country, commencing on the date of the first publication of the work, a translation of
such work has not been published in a language in general use in that country by the owner of the right of translation, or
with his authorisation, any national of such country may obtain a licence to make a translation of the work in the said
language and publish the translation in printed or analogous forms of reproduction. (b) A licence under the conditions provided for in this Article may also be granted if all the editions of the translation
published in the language concerned are out of print. (3) (a) In the case of translation into a language which is not in general use in one or more developed countries
which are members of the Union, a period of one year shall be substituted for the period of three years referred to in
paragraph (2) (a).

ed countries
which are members of the Union, a period of one year shall be substituted for the period of three years referred to in
paragraph (2) (a).

(b) Any country referred to in paragraph (1) may, with the unanimous agreement of the developed countries which
are members of the Union and in which the same language is in general use, substitute, in the case of translations into that
language, for the period of three years referred to in paragraph (2) (a) a shorter period as determined by such agreement
but not less than one year. However, the provisions of the foregoing sentence shall not apply where the language in
question is English, French or Spanish. The Director General shall be notified of any such agreement by the Governments
which have concluded it. (4) (a) No licence obtainable after three years shall be granted under this Article until a further period of six months
has elapsed, and no licence obtainable after one year shall be granted under this Article until a further period of nine
months has elapsed-

ix months
has elapsed, and no licence obtainable after one year shall be granted under this Article until a further period of nine
months has elapsed-

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(i) from the date on which the applicant complies with the requirements mentioned in Article IV (1), or
(ii) where the identity or the address of the owner of the right of translation is unknown, from the date on which the
applicant sends, as provided for in Article IV (2), copies of his application submitted to the authority competent
to grant the licence. (b) If, during the said period of six or nine months, a translation in the language in respect of which the application
was made is published by the owner of the right of translation or with his authorisation, no licence under this Article shall
be granted. (5) Any licence under this Article shall be granted only for the purpose of teaching, scholarship or research.

ce under this Article shall
be granted. (5) Any licence under this Article shall be granted only for the purpose of teaching, scholarship or research.

(6) If a translation of a work is published by the owner of the right of translation or with his authorisation at a price
reasonably related to that normally charged in the country for comparable works, any licence granted under this Article
shall terminate if such translation is in the same language and with substantially the same content as the translation
published under the licence. Any copies already made before the licence terminates may continue to be distributed until
their stock is exhausted. (7) For works which are composed mainly of illustrations, a licence to make and publish a translation of the text and
to reproduce and publish the illustrations may be granted only if the conditions of Article III are also fulfilled. (8) No licence shall be granted under this Article when the author has withdrawn from circulation all copies of his
work.

icle III are also fulfilled. (8) No licence shall be granted under this Article when the author has withdrawn from circulation all copies of his
work.

(9) (a) A licence to make a translation of a work which has been published in printed or analogous forms of
reproduction may also be granted to any broadcasting organisation having its headquarters in a country referred to in
paragraph (1), upon an application made to the competent authority of that country by the said organisation, provided that
all of the following conditions are met:
(i) the translation is made from a copy made and acquired in accordance with the laws of the said country;
(ii) the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the
results of specialised technical or scientific research to experts in a particular profession;
(iii) the translation is used exclusively for the purposes referred to in condition (ii) through broadcasts made
lawfully and intended for recipients on the territory of the said country, including broadcasts made through the
medium of sound or visual recordings lawfully and exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any commercial purpose.

recordings lawfully and exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any commercial purpose.

(b) Sound or visual recordings of a translation which was made by broadcasting organisation under a licence granted
by virtue of this paragraph may, for the purposes and subject to the conditions referred to in sub-paragraph (a) and with the
agreement of that organisation, also be used by any other broadcasting organisation having its headquarters in the country
whose competent authority granted the licence in question. (c) Provided that all of the criteria and conditions set out in sub-paragraph (a) are met, a licence may also be granted
to a broadcasting organisation to translate any text incorporated in an audio-visual fixation where such fixation was itself
prepared and published for the sole purpose of being used in connection with systematic instructional activities. (d) Subject to sub-paragraphs (a) to (c), the provisions of the preceding paragraphs shall apply to the grant and
exercise of any licence granted under this paragraph. ARTICLE III

(a) to (c), the provisions of the preceding paragraphs shall apply to the grant and
exercise of any licence granted under this paragraph. ARTICLE III

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(Limitation on the Right of Reproduction: 1. Licences grantable by competent authority; 2. to 5. Conditions allowing the
grant of such licences; 6. Termination of Licences; 7. Works to which this Article applies)
(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled to
substitute for the exclusive right of reproduction provided for in Article 9 a system of non-exclusive and non-transferable
licences, granted by the competent authority under the following conditions and subject to Article IV.

a system of non-exclusive and non-transferable
licences, granted by the competent authority under the following conditions and subject to Article IV.

(2) (a) If, in relation to a work to which this Article applies by virtue of paragraph (7), after the expiration of-
(i) the relevant period specified in paragraph (3), commencing on the date of first publication of a particular
edition of the work, or
(ii) any longer period determined by national legislation of the country referred to in paragraph (1), commencing
on the same date,
copies of such edition have not been distributed in that country to the general public or in connection with systematic
instructional activities, by the owner of the right of reproduction or with his authorisation, at a price reasonably related to
that normally charged in the country for comparable works, any national of such country may obtain a licence to reproduce
and publish such edition at that or a lower price for use in connection with systematic instructional activities.

ry may obtain a licence to reproduce
and publish such edition at that or a lower price for use in connection with systematic instructional activities.

(b) A licence to reproduce and publish an edition which has been distributed as described in sub-paragraph (a) may
also be granted under the conditions provided for in this Article if, after the expiration of the applicable period, no
authorised copies of that edition have been on sale for a period of six months in the country concerned to the general
public or in connection with systematic instructional activities at a price reasonably related to that normally charged in the
country for comparable works. (3) The period referred to in paragraph (2) (a) (i) shall be five years, except that-
(i) for works of the natural and physical sciences, including mathematics, and of technology, the period shall be
three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the period shall be seven years.

f technology, the period shall be
three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the period shall be seven years.

(4) (a) No licence obtainable after three years shall be granted under this Article until a period of six months has
elapsed-
(i) from the date on which the applicant complies with the requirements mentioned in Article IV (1), or
(ii) where the identity or the address of the owner of the right of reproduction is unknown, from the date on which
the applicant sends, as provided for in article IV (2), copies of his application submitted to the authority
competent to grant the licence. (b) Where licences are obtainable after other periods and Article IV (2) is applicable, no licence shall be granted until
a period of three months has elapsed from the date of the dispatch of the copies of the application. (c) If, during the period of six or three months referred to in sub-paragraphs (a) and (b), a
distribution as described in paragraph (2) (a) has taken place, no licence shall be granted under this
Article. (d) No licence shall be granted if the author has withdrawn from circulation all copies of the
edition for the reproduction and publication of which the licence has been applied for.

if the author has withdrawn from circulation all copies of the
edition for the reproduction and publication of which the licence has been applied for.

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(5) A licence to reproduce and publish a translation of a work shall not be granted under this Article in the following
cases:
(i) where the translation was not published by the owner of the right of translation or with his authorisation, or
(ii) where the translation is not in a language in general use in the country in which the licence is applied for. (6) If copies of an edition of a work are distributed in the country referred to in paragraph (1) to the general public or
in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorisation, at a
price reasonably related to that normally charged in the country for comparable works, any licence granted under this
Article shall terminate if such edition is in the same language and with substantially the same content as the edition which
was published under the said licence. Any copies already made before the licence terminates may continue to be
distributed until their stock is exhausted.

published under the said licence. Any copies already made before the licence terminates may continue to be
distributed until their stock is exhausted.

(7) (a) Subject to sub-paragraph (b), the works to which this Article applies shall be limited to works published in
printed or analogous forms of reproduction. (b) This Article shall also apply to the reproduction in audio-visual form of lawfully made audio-visual fixations
including any protected works incorporated therein and to the translation of any incorporated text into a language in
general use in the country in which the licence is applied for, always provided that the audio-visual fixations in question
were prepared and published for the sole purpose of being used in connection with systematic instructional activities. ARTICLE IV
(Provisions Common to Licences Under Articles II and III: 1. and 2. Procedure; 3. Indication of author and title of work; 4. Exportation of copies; 5. Notice; 6.

Common to Licences Under Articles II and III: 1. and 2. Procedure; 3. Indication of author and title of work; 4. Exportation of copies; 5. Notice; 6.

Compensation)
(1) A licence under Article II or Article III may be granted only if the applicant, in accordance with the procedure of
the country concerned, establishes either that he has requested, and has been denied, authorisation by the owner of the
right to make and publish the translation or to reproduce and publish the edition, as the case may be, or that, after due
diligence on his part, he was unable to find the owner of the right. At the same time as making the request, the applicant
shall inform any national or international information centre referred to in paragraph (2). (2) If the owner of the right cannot be found, the applicant for a licence shall send, by registered airmail, copies of his
application, submitted to the authority competent to grant the licence, to the publisher whose name appears on the work
and to any national or international information centre which may have been designated, in a notification to that effect
deposited with the Director General, by the Government of the country in which the publisher is believed to have his
principal place of business.

fect
deposited with the Director General, by the Government of the country in which the publisher is believed to have his
principal place of business.

(3) The name of the author shall be indicated on all copies of the translation or reproduction published under a
licence granted under Article II or Article III. The title of the work shall appear on all such copies. In the case of a
translation, the original title of the work shall appear in any case on all the said copies. (4) (a) No licence granted under Article II or Article III shall extend to the export of copies, and any such licence shall
be valid only for publication of the translation or of the reproduction, as the case may be, in the territory of the country in
which it has been applied for.

only for publication of the translation or of the reproduction, as the case may be, in the territory of the country in
which it has been applied for.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(b) For the purpose of sub-paragraph (a), the notion of export shall include the sending of copies from any territory to
the country which, in respect of that territory, has made a declaration under Article I (5).

shall include the sending of copies from any territory to
the country which, in respect of that territory, has made a declaration under Article I (5).

(c) Where a governmental or other public entity of a country which has granted a licence to make a translation under
Article II into a language other than English, French or Spanish sends copies of a translation published under such licence
to another country, such sending of copies shall not, for the purposes of sub-paragraph (a), be considered to constitute
export if all of the following conditions are met:
(i) the recipients are individuals who are nationals of the country whose competent authority has granted the
licence, or organisations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching, scholarship or research;
(iii) the sending of the copies and their subsequent distribution to recipients is without any commercial purpose;
and
(iv) the country to which the copies have been sent has agreed with the country whose competent authority has
granted the licence to allow the receipt, or distribution, or both, and the Director General has been notified of
the agreement by the Government of the country in which the licence has been granted.

ribution, or both, and the Director General has been notified of
the agreement by the Government of the country in which the licence has been granted.

(5) All copies published under a licence granted by virtue of Article II or Article III shall bear a notice in the
appropriate language stating that the copies are available for distribution only in the country or territory to which the said
licence applies. (6) (a) Due provision shall be made at the national level to ensure-
(i) that the licence provides, in favour of the owner of the right of translation or of reproduction, as the case may be,
for just compensation that is consistent with standards of royalties normally operating on licences freely
negotiated between persons in the two countries concerned; and
(ii) payment and transmittal of the compensation; should national current regulations intervene, the competent
authority shall make all efforts, by the use of international machinery, to ensure transmittal in internationally
convertible currency or its equivalent. (b) Due provision shall be made by national legislation to ensure a correct translation of the work, or an accurate
reproduction of the particular edition, as the case may be. ARTICLE V
(Alternative Possibility for Limitation of the Right of Translation: 1. Regime provided for under the 1886 and 1896 Acts; 2.

he case may be. ARTICLE V
(Alternative Possibility for Limitation of the Right of Translation: 1. Regime provided for under the 1886 and 1896 Acts; 2.

No possibility of change to regime under Article II; 3. Time limit for choosing the alternative possibility)
(1) (a) Any country entitled to make a declaration that it will avail itself of the faculty provided for in Article II may,
instead, at the time of ratifying or acceding to this Act-
(i) if it is country to which Article 30 (2) (a) applies, make a declaration under that provision as far as the right of
translation is concerned;
(ii) if it is a country to which Article 30 (2) (a) does not apply, and even if it is not a country outside the Union,
make a declaration as provided for in Article 30 (2) (b), first sentence. (b) In the case of a country which ceases to be regarded as a developing country as referred to in Article I (1), a
declaration made according to this paragraph shall be effective until the date on which the period applicable under Article I
(3) expires. (c) Any country which has made a declaration according to this paragraph may not subsequently avail itself of the
faculty provided for in Article II even if it withdraws the said declaration.

ion according to this paragraph may not subsequently avail itself of the
faculty provided for in Article II even if it withdraws the said declaration.

(2) Subject to paragraph (3), any country which has availed itself of the faculty provided for in Article II may not
subsequently make a declaration according to paragraph (1). (3) Any country which has ceased to be regarded as a developing country as referred
to in Article I (1) may, not later than two years prior to the expiration of the period applicable under Article I (3), make a
declaration to the effect provided for in Article 30 (2) (b), first sentence, notwithstanding the fact that it is not a country
outside the Union. Such declaration shall take effect at the date on which the period applicable under Article I (3) expires. ARTICLE VI

not a country
outside the Union. Such declaration shall take effect at the date on which the period applicable under Article I (3) expires. ARTICLE VI

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(Possibilities of applying, or admitting the application of, certain provisions of the Appendix before becoming bound by it: 1. Declaration; 2. Depository and effective date of declaration)
(1) Any country of the Union may declare, as from the date to this Act, and at any time before becoming bound by
Articles 1 to 21 and this Appendix:
(i) if it is a country which, were it bound by Articles 1 to 21 and this Appendix, would be entitled to avail itself of
the faculties referred to in Article 1 (1), that it will apply the provisions of Article II or of Article III or of both to
works whose country of origin is a country which, pursuant to (ii) below, admits the application of those Articles
to such works, or which is bound by Articles 1 to 21 and this Appendix; such declaration may, instead of
referring to Article II, refer to Article V;
(ii) that it admits the application of this Appendix to works of which it is the country of origin by countries which
have made a declaration under (i) above or a notification under Article I.

s Appendix to works of which it is the country of origin by countries which
have made a declaration under (i) above or a notification under Article I.

(2) Any declaration made under paragraph (1) shall be in writing and shall be deposited with the Director General. The declaration shall become effective from the date of its deposit.