- Commenced on 13 March 2017 by Government Notice of 2017
- [This is the version of this document at 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Copyright Act.
Part II – The Copyright Society of Malawi
4. Establishment of a Copyright Society of Malawi
5. Functions of the SocietyThe Society shall be responsible for the implementation of this Act and shall have the following functions—
6. Powers of the SocietyFor the better performance of its functions, the Society shall have power to—
7. Board of the Society
8. Vacation, etc., of members from office
9. Filling of vacancies in the Board
10. Co-opted personsThe Board may at any time and for any period, invite any person to attend any meeting of the Board and take part in the deliberations at the meeting but such person shall not be entitled to vote at that meeting.
11. Chairperson and Vice-Chairperson
12. Meetings of the Board
13. Remuneration and expenses of the Board of the SocietyMembers of the Board shall be paid from the funds of the Society, such allowances as the Minister may determine, to cover expenses incurred for the attendance of meetings in connexion with business of the Society.
14. Copyright Administrator
15. Tenure of office of the Copyright Administrator
16. Powers and functions of the Copyright Administrator
17. Other staff of the Society
18. Disclosure of conflict of interest
20. Oath of secrecyA member of the Board, an employee, a consultant, an adviser and a sub-contractor of the Society, shall sign an oath of secrecy upon being appointed to the Board or being engaged by the Society, as the case may be.
21. Delegation of powers
22. Funds of the Society
23. Accounts and audit
24. Annual report
Part III – Copyright
25. CopyrightAn author of any work shall, by the mere fact of its creation, enjoy an exclusive property right in the work.
26. Eligibility for copyright
28. Works not subject to copyright protection
29. Economic rights
30. Moral rights
31. Right to share in proceeds of sale
32. Alteration of buildings and objects for practical useSubject to the Monuments and Relics Act, buildings and objects for practical use may be altered without the consent of the author when this is done for technical reasons or for practical purposes, irrespective of section 30 (1) (b).[Cap. 29:01]
33. Ownership of copyright
34. Works by employed authors and commissioned works
35. Duration of copyright
Part IV – Permitted free uses of works
36. Permitted free uses of a work
37. Transient and incidental copies
38. Reproduction, etc., of a work for user’s private useThe reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user’s own personal or private use of a work which has already been lawfully made available to the public, shall be permitted:Provided that it is made on the basis of a representation that is authorized under this Act, at the initiative of the user and not for purposes of gain and only in single copies.
39. Inclusion of quotationsThe inclusion of quotations from a work in another work, including quotations from newspaper articles and periodicals in the form of press summaries, shall be permitted:Provided that the work from which the quotation is made, has already been lawfully made available to the public, and that such quotations are compatible with fair practice and their extent of use does not exceed that justified by the purpose.
40. Critical or scientific presentations, artistic works and literary worksArtistic works may be used to the extent required for the purposes of, and in connexion with the text of critical or scientific presentations which have not been prepared for commercial purposes:Provided that the work has already been lawfully made available to the public, and that the use is comparable with fair practice.
41. Use of a work by way of illustrationThe use of a work by way of illustration in publications, broadcasts or programmes communicated to the public by cable, audio-visual works for teaching or sound recordings for teaching, shall be permitted to the extent justified for that purpose:Provided that—
42. Public performance of a work and public display of copies of a workThe public performance of a work and the public display of copies of a work that has already been lawfully made available to the public is permitted when made in an educational context in schools, universities and professional training, at religious services, or at events where the performance or display of works is not the primary feature and the public is admitted free of charge:Provided that—
43. Simultaneous and unaltered cable transmission of a work broadcastThe simultaneous and unaltered cable retransmission of any work broadcast is permitted where the beneficiaries of the cable retransmission live in one and the same building or group of buildings none of which is separated from another building by a public street or road:Provided that—
44. Reproduction in the press, etc., of articles on current topicsThe reproduction in the press, broadcast and communication to the public by cable of any article on current economic, political, social or religious topics, which, with the consent of the author, has already been lawfully made available to the public in a newspaper or periodical, and of any work of the same character broadcast, shall be permitted, unless the article, when first made available, or the work, when first broadcast, was accompanied by an express condition prohibiting such reproduction, broadcasting or communication:Provided that the source of the article or the work when used in such manner is clearly indicated.
45. Reporting on current eventsReproduction of a work and making available to the public of any work that can be seen or heard in the course of a current event, for the purpose of reporting on the current event, by means of photography, cinematography or other means of communication, is permitted to the extent justified for an informative purpose.
46. Photography, cinematography, drawings, etc.The reproduction and making available to the public by photography, cinematography, drawing or similar means of depiction of an artistic work is permitted when the work is—
47. Artistic work forming part of a collectionArtistic works which form part of a collection or which are exhibited, or are offered for sale, may be depicted in inventories of the collection or exhibition and in notices of the exhibition or sale:Provided that any such inventory which is made available to the public, shall be made only in printed form.
48. Libraries, archives, museums, scientific and educational institutions
49. Reproduction of a work for people with disabilitiesThe reproduction of a published literary, artistic or musical work in a form specifically intended for visually impaired persons or persons with print disabilities people with disabilities who, due to the nature of their disability, are not able to access or enjoy the work in any of the forms in which it is commercially available, shall be permitted:Provided that the reproduction and the making available of the copies is not made on a commercial basis and that the copies shall be made available only to such disabled people for which they are intended, and that—
50. Reproduction in the pressThe reproduction in the press or the communication to the public of—
51. Recordings by a broadcasting organization of its own broadcasts
52. Use of a computer programme
53. Evidence in administrative or judicial proceedingsThis Act shall not prevent a work from being used in connexion with an investigation or as evidence in administrative or judicial proceedings.
Part V – Transfer of copyright
54. Transferability of copyright
55. Contracts for authorization of use of rights under this Act
56. Publishing contracts
57. Commissioned work
Part VI – Licences
58. Extended collective licences
59. Compulsory licence for public examinations
60. Compulsory translation licence
61. Conditions of a compulsory translation licence
62. Translation licence for broadcasting purposes
63. Compulsory reproduction licence
64. Conditions of a compulsory reproduction licence
65. Compulsory reproduction licence for audio-visual works
66. Production of recording of musical works
Part VII – Expressions of folklore
67. Right in expressions of folklore to vest in Government
68. Certain uses of expressions of folklore to be subject to authorizationThe following uses of the expressions of folklore shall be subject to prior written authorization by the Minister when they are made for gainful purposes or outside their traditional and customary context—
69. Free uses of expressions of folkloreThe provisions of section 68 shall not apply to any use of the expressions of folklore in the following cases—
70. Source of expressions of folklore to be acknowledgedA user of the expression of folklore shall acknowledge the source from where the expressions of folklore used by him in any printed publication or communication to the public except for uses referred to in section 69 (c) and (d).
71. Authorization for use of expressions of folklore
72. Non-hindrance of development of folkloreThe protection of expressions of folklore under this Act shall not in any way be construed so as to hinder the normal use, and development of expressions of folklore.
73. Protection under this Part is additionalProtection of expressions of folklore conferred by this Part shall be additional to, and shall not in any way limit or prejudice protection on such expressions conferred by any other written law or treaty to which Malawi is a party.
Part VIII – Performers, producers of sound recordings, broadcasters and publishers
74. Rights of performers, etc., of sound recordings and publishers not to affect copyrightThe protection granted under this Part relating to rights of performers, producers of sound recordings, broadcasters and publishers shall not in any way, affect copyright in a work under this Act and no provision in this Part shall be construed so as to affect copyright in any such work, nor shall the protection granted under this Part to rights of one category of owners of rights affect rights of another category.
75. Exclusive rights of performers
76. Moral rights of performers
77. Granting of authorization by perfomers
78. Exclusive rights of producers of sound recordings or audio-visual fixations
79. Obligations of producers
80. Remuneration for public performance of sound recordings or audio-visual fixations
81. Exclusive rights of broadcasting organizations
82. Rights in typographical arrangements
83. Exceptions to certain provisions under this Part
Part IX – Public domain
84. Works and related subject matter in the public domain
Part X – Technological measures and rights management information
85. Technological measures
86. Use of works, etc., when effective technological measures are employed
87. Electronic rights management
Part XI – Infringement of copyright or related rights
88. Infringement of copyright
89. Infringement of performers’ rights
90. Infringement of rights of producers of sound recordingsA person infringes producers’ rights in sound or audio-visual fixation recordings where, without valid transfer, licence or authorization under this Act, the person, in respect of a sound recording or audio-visual fixation protected under this Act, does, permits or causes another person to—
91. Infringement by parallel importsAny person who, without the consent of the producer, imports into Malawi copies of audio-visual works or sound recordings with the intention of making them available to the public for gain, or causes or permits such imports, commits an infringement of the rights of the producer, except when copies of the same production are not being offered or promoted to the public in Malawi with the consent of the producer.
92. Infringement of broadcasting organizations’ rightsAn infringement of a broadcasting organization’s rights occurs where, without valid transfer, licence or authorization under this Act, a person, in respect of a broadcast protected under this Act, does, permits or causes another person to—
93. Infringement of publishers’ rights in typographical arrangementsA person infringes rights in typographical arrangements in published editions occurs where, without valid transfer, licence or authorization under this Act, the person, in respect of a typographical arrangement in a published edition protected under this Act, does, permits or causes another person to—
Part XII – Inspection
95. Entry into premisesAn inspector may, at any reasonable time and on production of his certificate of authority and identification, enter any premises, ship, aircraft or vehicle for the purpose of ascertaining whether there is or has been, on or in connexion with those premises, ship, aircraft or vehicle any contravention of this Act.
96. Mode of inspection
97. Inspectors not personally liableAny inspector shall not be personally liable in respect of any act done by him in good faith in the course of his employment and in the execution or purported execution of any under this Act.
Part XIII – The Copyright Fund
98. Establishment of the Copyright FundThere is hereby established a fund to be known as the Copyright Fund (in this Act otherwise referred as the "Fund"), which shall be administered by the Society, and shall become operational on such a date as the Minister shall appoint, by notice published in the Gazette.
99. Objectives of the FundThe Fund shall be used for—
100. Vesting of the Fund
101. Financing of the Fund
102. Levy on storage devices
103. Levy on public sale of original works of art
104. Levy on copy shops etc.
105. Obligation to pay levies independentObligation to pay levies pursuant to this Part does not depend on the works and related subject matter involved in the acts referred to in section 101 being subject to protection under this Act.
106. Determination of the leviesThe Minister may make regulations on the rates of the levies that are established according to section 101.
107. Utilization of the Fund
108. Access to accounts
109. Books and other records of accounts
110. Financial year of the FundThe financial year of the Fund shall be the same as the financial year of the Government.
Part XIV – Court proceedings, administrative proceedings and penalties
111. Liabilities of members of companies, etc.Where any offence under this Act is committed by a company or a member of a partnership, firm or business, society or association of persons, every director or officer of the company or any other member of the partnership or other person concerned with the management of such partnership, firm or business, society or association of persons commits an offence unless he proves to the satisfaction of the court that—
112. Administrative penalties
113. Offence and penalties
114. Compensation to victims of offence
115. Forfeiture as an additional penaltyUpon the conviction of any person of an offence under this Act the court may, where it considers forfeiture to be necessary, in addition to any other penalty imposed, order any article, substance, work or any other thing used in connexion with the commission of the offence to be forfeited to the Government.
116. Proof of facts in proceedingsAn affidavit made on oath, affirmation or other like manner before a magistrate, commissioner for oaths, notary public or other person competent to administer an oath or affirmation under the law of the country where the oath was made, which—
Part XV – Miscellaneous provisions
117. Extension of the application of Act
118. Application of this Act to satellite broadcastWhen works or performances are broadcast by satellite from a foreign country, this Act shall apply to the broadcast if the satellite that receives signals from Malawi or the broadcast is commissioned by a broadcasting organization which has its headquarters or principal place of business in Malawi:Provided that the rules regarding the broadcasting of works and performances in the country from where the broadcast is made do not provide protection corresponding to the protection provided under this Act.
120. Repeal and savings
121. Transitional provisionsAll licences, valid transfers, authorizations, approvals and exemptions granted or made under the repealed Act shall remain in force until on such a date as the Minister shall appoint by notice published in the Gazette and whereupon they shall lapse and holders thereof shall be required to obtain licences in accordance with this Act.[Cap. 49:03]
History of this document
13 March 2017
|Copyright Act: Commencement||Government Notice 21 of 2017|