Traditional Knowledge Laws: Zimbabwe

Subject Matter of Protection

Section 80 - Interpretation

"work of folklore" means a literary, musical or artistic work, whether or not it is recorded, of which -
(a) no person can claim to be the author; and
(b) the form or content is embodied in the traditions peculiar to one or more communities in Zimbabwe; and includes -
      (i) folk tales, folk poetry and traditional riddles; and
      (ii) folk songs and instrumental folk music; and
      (iii) folk dances, plays and artistic forms of ritual; and
      (iv) productions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalwork, jewellery, baskets and costumes.

Beneficiaries or Rightholders

Section 80 - Interpretation

"community" means a community of persons that has inhabited Zimbabwe conlinuously since before the year 1890 and whose members share the same language or dialect or (the same cultural values, traditions or customs);

Scope of Protection

Section 81 - Reservation of rights in works of folklore

(1) Subject to this section, the Minister may, by notice in the Gazette, reserve -
      (a) to the President the exclusive right to authorise the doing of any one or more of the things referred to in section seventeen or eighteen in relation to a work of folklore whose form or content is embodied in the traditions of all communities within Zimbabwe; or
      (b) to a local community the exclusive right to do or authorise the doing of any one or more of the things referred to in section seventeen or eighteen in relation to a work of folklore:
Provided that, where substantial numbers of members of a particular community reside within the areas of two or more local authorities, the Minister may reserve such rights to any or all of such local authorities, or apportion the rights amongs them.

Section 17 - Acts restricted by copyright in literary and musical works

Subject to this Act, copyright in a literary or musical work shall vest in the owner of the exclusive right to do or authorise the doing of any of the following acts in Zimbabwe -
(a) reproducing the work;
(b) publishing the work;
(c) importing the work into Zimbabwe or exporting it from Zimbabwe, otherwise than for the personal and private use of the person importing or exporting it;
(d) performing the work in public;
(e) broadcasting the work;
(f) causing the work to be transmitted in a cable programme service, unless the service transmits a lawful broadcast, including the work, and is operated by the original broadcaster;
(g) except in the case of a computer program, making an adaptation of the work;

Section 18 - Acts restricted by copyright in artistic works

Subject to this Act, copyright in an artistic work shall vest in the owner the exclusive right to do or 10 authorise the doing of any of the following acts in Zimbabwe­
(a) reproducing the work;
(b) publishing the work;
(c) importing the work into Zimbabwe or exporting it from Zimbabwe, otherwise than for the personal and private use of the person importing or exporting it;
(d) including the work in an audivisual work or a broadcast;
(e) causing a programme which includes the work to be transmitted in a cable programme service, unless
the service transmits a lawful broadcast, including the work, and is operated by the original broadcaster;
(f) making on adaptation of the work.

Section 85 - Licensing of reserved works of folklore

(1) Subject to this section -
      (a) the Minister may grant a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that thing has been reserved to the President;
      (b) the appropriate local authority concerned may grant a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that this has been reserved to the appropriate local authority;

Exceptions and Limitations

Section 84 - Freedom to do certain things in relation to reserved works of folklore

(1) Notwithstanding any other provision of this Part, anything that may be done in terms of section twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty-one, thirty-six, thirty-seven, forty-one, forty-two, forty-three or forty-four without infringing the copyright in a work may be done in relation to a reserved work of folklore without a licence granted under section eighty-five.
(2) Any person may do any of the things referred to in section seventeen or eighteen in relation to a reserved work of folklore -
      (a) otherwise than for gain, if he does not prejudice the rights of any person to whom a licence has been granted under section eighty-five; or
      (b) for gain, if -
            (i) where the right to do the thing has been reserved to the President, he is a member of that community and he does the thing for his personal gain or for the gain of other persons who are members of that community.
(3) Any person may use a reserved work of folklore to create an original work.