Copyright and Performance Rights (Amendment)

[Page 1]
Copyright and Performance Rights [No. 25 OF 2010 367
(Amendment)
GOVERNMENT OF ZAMBIA

ACT 
No. 25 of 2010

Date of Assent: 14th August, 2010

An Act to amend the Copyright and Performance Rights Act.
[16th August, 2010 

ENACTED by the Parliament of Zambia Enactment

1. This Act may be cited as the Copyright and Performance Short title
Rights (Amendment) Act, 2010, and shall be read as one with the 
Copyright and Performance Rights Act, in this Act referred to as 
the principal Act. Cap. 406

2. The principal Act is amended in section two— Amendment 
(a) by the deletion of the definition of. of section 2 
“court” and the substitution therefor of the following 
new definition:
“court” means the High Court or a subordinate court; 

and 
(b) by the insertion in the appropriate places of the following 
new definitions:
“Committee” means the Technical Implementation 
Committee; and
“synchronise” means the application of an audio or 
audiovisual compilation in which copyright subsists 
to an audio or audiovisual compilation without the 
licence of the copyright holder.

an audio or 
audiovisual compilation in which copyright subsists 
to an audio or audiovisual compilation without the 
licence of the copyright holder.

3. The principal Act is amended by the repeal of section twenty- Repeal and 
eight and the substitution therefor of the following new section: replacement 
of section 28
28. (1) Any person who, during the subsistence of copyright in Offences
a work — 
(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 that person’s private and 
domestic use, any infringing copy;

Copies of this Statutory Instrument can be obtained from the Government Printer, 
P.O.Box 30136, 10101 Lusaka Price K3000 each

[Page 2]
368 No. 25 of 2010]     Copyright and Performance Rights
                          (Amendments)

(e) by way of trade, exhibits in public any infringing copy;

(f) imports into Zambia, otherwise than—
   (i) for that person's private and domestic use; and
   (ii) as items accompanying that person on entry into
        Zambia; an infringing copy;

(g) makes or has in that person's possession, any article used
      or intended to be used for the purpose of making
      infringing copies;

copy;

(g) makes or has in that person's possession, any article used
      or intended to be used for the purpose of making
      infringing copies;

(h) installs an infringing computer program in a computer;

(i) compiles musical tracks or visual images otherwise than is
     permissible under this Act;

(j) offers for sale infringing musical compilations or visual
     images or audiovisual compilations;

(k) uses a record company or publisher's registered label or
      trademark on an infringing compilation;

(l) unlawfully re-transmits or re-broadcasts a broadcast;

(m) unlawfully uses a single unit dwelling device for multiple
      dwelling;

(n) unlawfully accesses a television signal;

(o) unlawfully records for sale or hire a broadcast; or

(p) synchronises music and visual works without the consent
     of the copyright owner;

unless the person satisfies the court that the person had acted in
good faith and had no reasonable grounds for supposing that
copyright would or might thereby be infringed, commits an offence
and is liable, upon conviction

   (i) on a first 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 five years, or to both; or

nalty 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) two hundred thousand penalty units; or
       (B) forty penalty units for each infringing copy;
          whichever is greater, or to imprisonment for
          a term not exceeding ten years, or to both.

[Page 3]
Copyright and Performance Rights               [No. 25 of 2010 369
                   (Amendment)
                                      
                (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 commits an offence and is
       liable, upon conviction, to a fine not exceeding five hundred thousand
       penalty units or to imprisonment for a term not exceeding five years,
       or to both.

viction, to a fine not exceeding five hundred thousand
       penalty units or to imprisonment for a term not exceeding five years,
       or to both.

(3) A person who dishonestly receives or re-distributes 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 or re-distribution of the program commits
       an offence and is liable, upon conviction, to a fine not exceeding
       five hundred 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 under this section,
       the court may, whether or not the person is convicted of the offence,
       order that any article in the person’s 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 under this section, be destroyed or dealt with as the court
       may direct.

                (5) The Attorney-General shall, in the absence of the copyright
       holder, be a copyright holder ad litem for the purposes of the
       prosecution of an offence under this Act.

in the absence of the copyright
       holder, be a copyright holder ad litem for the purposes of the
       prosecution of an offence under this Act.

4. Section thirty-three of the principal Act is amended in—
       (a) subsection (1), by the deletion immediately after the words
            “police officer” of the comma and the words "of or
            above the rank of inspector ";

       (b) subsection (2)—
             (i) by the insertion immediately after the words "this
             section ", of the words “ or section twenty-eight"; 
             and
            (ii) by the deletion immediately after the word “within"
             of the words “forty-eight hours” and the
             substitution therefor of the words “seven days”.

     5. The principal Act is amended by the insertion of the following
     new section:

[Page 4]
370 No. 25 of 2010]         Copyright and Performance Rights
                                             (Amendments)

Security                      38A. (1) A person shall use a hologram device in relation to
holograms                  sound recordings and cinematograph films intended or offered for
                                  sale, rental, hiring, lending or otherwise distributed for the public or
                                  for commercial purposes within the Republic.

ale, rental, hiring, lending or otherwise distributed for the public or
                                  for commercial purposes within the Republic.

(2) The hologram device referred to under subsection (1) shall
                                  be in such form as the Registrar may determine and shall be tamper
                                  proof and for the exclusive use of the Registrar.

Affixation of                38B. (1) The Registrar shall cause a hologram stamp to be
hologram                      affixed—

                                        (a) in the case of works produced in the Republic, at the
                                              point of production; and

                                        (b) in the case of works imported into the Republic, except
                                              where such works are for domestic use, before they
                                              are released into the channels of commerce.

                            (2) A hologram shall be affixed to every cassette, disc, or
                                  other medium in which the sound recording or film is embodied, in
                                  such manner as to make the hologram visible to prospective
                                  purchasers.

mbodied, in
                                  such manner as to make the hologram visible to prospective
                                  purchasers.

Accreditation                38C. (1) A person engaged in the reproduction of sound
of producer                recordings and cinematograph films shall, for the purpose of using
                                  a hologram device, apply to the Registrar for accreditation in the
                                  prescribed manner and form.

                            (2) The Registrar shall, on accreditation, issue the applicant with
                                  a certificate of accreditation and such accreditation shall be
                                  renewable annually.

Accreditation               38D. (1) A person who imports into the Republic any sound
of importer                 recording or cinematograph film for the purpose of sale, rental,
                                  hiring, lending or otherwise distributing to the public for commercial
                                  purposes, shall apply to the Registrar for accreditation to use a
                                  hologram device in connection with such works.

purposes, shall apply to the Registrar for accreditation to use a
                                  hologram device in connection with such works.

(2) The Registrar shall grant accreditation under this section
                                  upon the applicant satisfying the Registrar that the copy imported
                                  into the Republic is not an infringing copy.

Technical                       38E. (1) There is hereby established the Technical
Implementation              Implementation Committee which shall assist the Registrar in the
Committee                   exercise of the functions related to the use of holograms.

[Page 5]
Copyright and Performance Rights       [No. 25 0f 2010 371
                    (Amendment)

of the functions related to the use of holograms.

[Page 5]
Copyright and Performance Rights       [No. 25 0f 2010 371
                    (Amendment)

(2) The Committee shall consist of the following members:
              (a) a representative of the Inspector General of Police;
              (b) a representative of the Commissioner-General, customs;
                 and
              (c) two representatives each from the music and film industries
                   representing the interests of authors and producers.
                                                                 Keeping of
   38F. A person accredited under sections thirty-eight C and     books and
thirty-eight D shall keep such books and make periodic returns as returns
   may be required and in the prescribed manner.