Copyright and Performance Rights Act, 1994
- Published on 31 December 1994
- Commenced on 31 December 1994
- [This is the version of this document as it was at 31 December 1996 to 15 August 2010.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Copyright and Performance Rights Act.
2. InterpretationIn this Act, unless the context otherwise requires—"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;(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 program, 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;(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;(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—(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;"work" means a product of creativity in a category referred to in section eight.
3. Works of unknown authorship and joint authorship
4. Publication and first publication
5. Application to all existing worksSubject to section fifty-eight, this Act shall apply in relation to works whether created before or after the commencement of this Act.
6. This Act binds the RepublicThis Act shall bind the Republic.
Part II – Copyright
Nature of copyright
7. Copyright a form of propertyCopyright is a property right which shall subsist in accordance with this Act in the products of creativity specified in section eight.
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 recordingsCopyright in an audiovisual work or sound recording shall expire—
14. Broadcasts and cable programsCopyright 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.
15. Computer programsCopyright 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.
16. Typographical arrangementsCopyright 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.
Infringement of copyright
17. Acts controlled by copyright
18. Copyright is infringed by the doing of a controlled actSubject 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.
19. Copyright is infringed by importation, etc. of infringing copiesSubject to section twenty-one, copyright in a work is also infringed by a person who, without the consent of the copyright owner—
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
22. Collecting societies may be authorised to represent copyright owners
23. Disputes with registered collecting societies
24. Moral rights
Part III – Enforcement of copyright
25. Infringement actionable by copyright owner
26. Right to delivery up of infringing copiesWhere a person—
27. Restriction on importation of infringing copies
29. Presumption as to possession of copiesIn 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.
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, detain persons
35. Sealing of things
36. List of things seized or sealed
37. Articles in containers need only to examine sampleFor 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.
38. Obstruction to searchAny person who—
Part IV – Register of copyrights
39. The register of copyrights
40. Registration and issue of certificate
41. Transfer of registrationWhere 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—
42. Rectification of registerWhere 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.
43. Issue of new certificateWhere—
Part V – Rights in performances
44. InterpretationIn this Part, unless the context otherwise requires—"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(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. Conferment of performer's right and recording right
46. Transfer of rights
47. Duration of rights in performancesPerformer'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.
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 rightA 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]
53. False representation of authority to give consent
Part VI – Miscellaneous
54. Registrar of copyright
55. Registrar may authorise translation and reproduction of works in certain cases
56. Application of Act to works, etc. originating in other countriesThe 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.
58. Transitional provisions
59. Repeal of Cap. 701 old editionThe Copyright Act is hereby repealed.
History of this document
16 August 2010 amendment not yet applied
31 December 1996 this version
31 December 1994