قانون حقوق الطبع والنشر لعام 2014 (القانون رقم 2 لعام 2014)، موريشيوس

THE COPYRIGHT ACT 2014 �

Act No. 2 of 2014 �

Government Gazette of Mauritius No. 37 of 24 April2014

I assent

RAJKESWUR PURRYAG 21 April 2014 President of the Republic

ARRANGEMENT OF SECTIONS

Section

PART I- PRELIMINARY

1. Short title

2. Interpretation

PART II-PROTECTION OF WORKS

3. Protection of works

4. Derivative works

5. Subject matter not protected

6. Economic rights

7. Moral rights

8. Alienation of works

9. Original ownership of economic rights

10. Presumptions regarding authorship, producer of audiovisual works and publisher

11. Contracts for commissioned works

PART III - FEATURES OF ECONOMIC RIGHTS �

12. ­ Assignment and licensing of rights of author

13. ­ Agreement regarding future works

14. ­ Non-use of economic rights

15. ­ Duration of copyright

PART IV - LIMITATIONS ON ECONOMIC RIGHTS

16. ­ Private reproduction for personal purposes

17. ­ Temporary reproduction

18. ­ Quotation

19. ­ Reproduction and other utilisation for teaching and scientific non-commercial purposes

20. ­ Reproduction by libraries and archives

21. ­ Reproduction, broadcasting and other communication to the public for informatory

purposes

22. ­ Reproduction, adaptation of computer programmes and decompilation

23. ­ Visually impaired person

24. ­ Ephemeral recordings

25. ­ Importation for personal purposes

26. ­ Distribution of copies of works

27. ­ Public lending

28. ­ Display of works

PART V - BROADCASTING ORGANISATIONS, PERFORMERS AND PRODUCERS

29. ­ Rights of broadcasting organisation

30. ­ Rights of performer

31. ­ Grant of authorisation by performer

32. ­ Rights of phonogram producer

33. ­ Obligations of producer

34. ­ Notice of protection

35. ­ Equitable remuneration for use of phonogram

36. ­ Limitation on protection

PART VI - ANTI-CIRCUMVENTION

37. Technological protection measures

38. Protection of rights management information

39. Prohibited acts assimilated to infringement of rights

PART VII - APPLICATION OF ACT

40. Scope of application of copyright

41. Scope of application of related rights

PART VIII- THE SOCIETY

42. Management of rights

43. Establishment of Society

44. Appointment of staff

45. Objects and functions of Society

46. Membership of the Society

47. Genóral Fund

48. Publication of accounts

49. Execution of documents

50. Exemptions

51. Rules

52. Protection from liability

PART IX - JUDICIAL PROCEEDINGS

53. Special remedies

54. Presumptions

55. Vain threats

56. Offences

PART X – MISCELLANEOUS

57. Regulations ­

58. Transitional provisions

59. ­ Repeal and savings

60. ­ Commencement

An Act � To provide for more effective protection of copyright and related rights �

ENACTED by the Parliament of Mauritius, as follows —

PART I - PRELIMINARY �

1. � Short title

This Act may be cited as the Copyright Act 2014.

2. � Interpretation

In this Act -

“acknowledgement”, in relation to a work, means the identification of the work — ­

(a) ­ by its title or other description; and

(b) ­ unless the work is anonymous or the author of the work has agreed not to be

identified, by its author;

“artistic, literary or scientific work” —

(a) ­ means a production in the artistic, literary or scientific domain;

(b) ­ includes —

(i) a book, pamphlet or other writing; ­

(ii) ­ an illustration, a map, plan or sketch;

(iii) ­ a lecture, sermon or any other address of a similar nature;

(iv) ­ a dramatic or dramatico-musical work;

(v) ­ a musical work;

(vi) ­ a choreographic work or pantomime;

(vii) an audiovisual work;

(viii) ­a sound recording;

(ix) a work of—

(A) ­ fine art, such as a drawing or painting; or

(B) ­ architecture or sculpture, an engraving or lithography or applied art;

(x) ­ a photographic work;

(xi) ­ a computer programme;

(c) ­ does not include items specified in section 5;

“audiovisual work” —

(a) ­ means a work consisting of a series of related images and accompanying sounds

which are intended to be shown by any appropriate device;

(b) ­ includes a cinematograph or other film, and cinematographic elements of computer

games;

“author” means the natural person who has created the work;

“Berne Convention” means the Convention for the Protection of Literary and Artistic Works

signed in Berne;

“Board” means the Board referred to in section 43;

“broadcasting” means the communication of a work, a performance or a phonogram to the ­

public by wired or wireless transmission, including transmission by satellite; ­

“broadcasting organisation” means the Mauritius Broadcasting Corporation or such other

organisation as may be prescribed;

“Chairperson” means the Chairperson of the Board;

“circumvent” in relation to technological protection measures means to avoid, bypass, remove,

deactivate, or impair these measures, including descrambling a scrambled work or object of

related right or decrypting an encrypted work or object of related right;

“communication to the public” means the transmission by wire or by wireless means of a work, a

performance, a phonogram Or a broadcast in such a way that it can be perceived by persons

outside the normal circle of a family and its closest social acquaintances at a place or places so

distant from the place where the transmission originates that, without the transmission, the

work, performance, phonogram or broadcast would not be perceivable, including the making

available of the work or other protected subject matter in such a way that members of the public

may access it from a place and at a time individually chosen by them;

“computer” means an electronic or similar device having information processing capabilities;

“computer programme” means a set of instructions, expressed in words, codes, schemes or in

any other form, which is capable, when incorporated in a machine-readable medium, of causing

a computer to perform or achieve a particular task or result;

“copy” includes a reproduction of a work in —

(a) a written form;

(b) the form of a recording; or

(c) any other form;

“copyright” means the economic and moral rights subsisting in a work;

“copyright owner” means where —

(a) the economic rights are vested in the author; ­

(b) ­ the economic rights are originally vested in a natural person other than the author or

in a legal entity, that person or entity;

(c) ­ the ownership of the economic rights has been transferred to a natural person or a

legal entity, that person or entity;

“derivative work” means a translation, adaptation, arrangement or other alteration of a

pre-existing artistic, literary or scientific work and which work includes —

(a) ­ a collection, compilation or arrangement or other transformation of pre-existing

works, of expressions of foildore or traditional cultural expression of mere facts or

data whether in machine readable or other form;

(b) ­ an anthology, an encyclopedia or a database; or

(c) ­ any other work, which, by reason of selection and arrangement of its contents, is

original;

“display” means to show —

(a) ­ a copy of a work directly, or by means of a film, slide, television image or otherwise

on screen, or by means of any other device or process;

(b) ­ in the case of audiovisual work, individual images non-sequentially;

“distribution to the public” means putting, into public circulation, the original or a copy of a

work, fixation of a performance or a phonogram, in tangible form, through sale or other

transfer of ownership, including importing for the purpose of such putting into circulation

and public offering for sale and other transfer of ownership;

“economic right” means a right specified in section 6;

“equitable remuneration” means — ­

(a) ­ such remuneration as may be prescribed; or

(b) ­ where no such remuneration has been prescribed, such remuneration as may, in default

of agreement between the relevant parties, be determined by a recognized dispute

settlement mechanism or a court of law;

“exclusive licence” means a licence to the exclusion of all other persons;

“expressions of folklore” —

(a) ­ means production of characteristic elements of the traditional artistic heritage developed

and maintained by a community or by individuals reflecting the traditional artistic

expectations of a community;

(b) ­ includes folk tales, folk poetry, folk songs, instrumental folk music, folk dances and plays,

artistic forms or rituals and production of folk art;

“first published” means —

(a) ­ first published in Mauritius; or

(b) ­ first published outside Mauritius and published in Mauritius not later than 30 days

thereafter;

“fixation” means the embodiment of sounds, images or both or of the representations thereof,

from which they can be perceived, reproduced or communicated through a device;

“infringing copy” —

(a) ­ means a copy of a work which infringes copyright subsisting in the work;

(b) ­ includes a counterfeit copy;

“licence” means a written authorisation granted by a copyright owner to another person to

exploit the copyright wholly or in part;

“local production” means a work wholly or substantially produced in Mauritius; ­

“Minister” means the Minister to whom responsibility for the subject of copyright and related ­

rights are assigned; ­

“moral right” means a right specified in section 7;

“original work” —

(a) means a work which is the product of a person’s individual creation; but

(b) excludes a work which is essentially a copy of another work;

“perform” means to present a work or expressions of folklore by a personal rendition;

“performer” means actors, singers, musicians, dancers, and other persons who act, sing,

deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of

folklore;

“phonogram” is the fixation of the sounds of a performance or of other sounds, or of a

representation of sounds, other than in the form of a fixation incorporated in a cinematographic

or other audiovisual work;

“photographic work” is a recording of light or other radiation on any medium on which an image

is produced or from which an image may be produced, irrespective of the technique (chemical,

electronic or other) by which such recording is made;

“producer of an audiovisual work or a phonogram” is the natural person or legal entity who

undertakes the initiative and responsibility for the making of the audiovisual work or phonogram;

“public performance” means, in the case of —

(a) ­ a work other than an audiovisual work, the recitation, playing, dancing, acting or otherwise

performing the work, either directly or by means of any device or process;

(b) ­ an audiovisual work, the showing of images in sequence and the making of

accompanying sounds audible;

(c) ­ a phonogram, making the recorded sounds audible and,

where such performances can be at a place or places where persons outside the normal circle

of the family and its closest acquaintances can be present;

“publication or published works” means works published with the consent of their authors,

whatever may be the means of manufacture of the copies, provided that the availability of such

copies has been such as to satisfy the reasonable requirements of the public, having regard to

the nature of the work”;

“related rights” means those rights conferred upon a performer, a producer of phonograms and

a broadcasting organisation by this Act;

“rental” means the transfer of the possession of the original or a copy of a work or phonogram

for a limited period of time for profit;

“reproduction” means the making of one or more copies of a work or phonogram in any manner

or form, including any permanent or temporary storage of the work or phonogram in electronic

form;

“reprographic reproduction” means the making of facsimile copies of the original or a copy of a

work by means other than printing, such as photocopying, whether or not they are reduced or

enlarged in scale;

“rights management information” means —

(a) ­ any information that identifies the author, work, performer, performance of the

performer, the producer of the phonogram, the phonogram, the broadcaster, the

broadcast, the owner of any right under this Act; or

(b) ­ information about the terms and conditions of use of the work, the performance, the

phonogram or the broadcast; and

(c) ­ any number or code that represents such information, when any of these items of

information is attached to a copy of a work, a fixed performance, a phonogram or a

fixed broadcast, or appears in connection with the broadcasting, communication to

the public or making available to the public of a work, a fixed performance, a

phonogram or a broadcast;

“Society” means the Rights Management Society established under section 43;

“sound recording” —

(a) ­ means the fixation of a sequence of sounds capable of being perceived aurally and

of being reproduced by any appropriate device;

(b) ­ does not include the sound track associated with an audiovisual work;

“technological protection measures” means any technology, device or component that, in

the normal course of operation, is designed to prevent or restrict acts, in respect of works

or objects of related rights, which are not authorised by the right holder;

“traditional cultural expressions” means any form of artistic and literary expression,

tangible or intangible, or a combination of both —

(a) ­ in which traditional culture and knowledge are embodied;

(b) ­ which is intergenerational, including but not limited to phonetic, verbal and tangible

expressions;

“useful article” means an article having an intrinsic utilitarian function that is not merely to

portray the appearance of the article or to convey information;

“work” means any artistic, literary or scientific work, or a derivative work;

“work of applied art” means an artistic creation with utilitarian functions or incorporated in

a useful article, whether made by hand or produced on an industrial scale;

“work of joint authorship” means a work to the creation of which 2 or more authors have

contributed.

PART II- PROTECTION OF WORKS

3. � Protection of works

(1) Every artistic, literary or scientific work shall be an original intellectual creation in the

artistic, literary or scientific domain.

(2) Every work shall be protected where it is fixed in some material form and

irrespective of its mode or form of expression.

4. � Derivative works

The protection of any derivative work shall be without prejudice to any protection of a pre-

existing work or traditional cultural expression or expression of folklore incorporated in or utilised

for the making of such a work.

5. � Subject matter not protected

Notwithstanding sections 3 and 4, no protection under this Act shall extend to —

(a) ­ any idea, procedure, system, method of operation, concept, principle, discovery or

mere data;

(b) ­ any official text of a legislative, administrative or legal nature, as well as any official

translation thereof

(c) ­ news of the day or miscellaneous facts having the character of mere items of press

information;

(d) ­ political speeches and speeches delivered in the course of legal proceedings;

(e) ­ judgment of a court of law or tribunal.

6. � Economic rights

(1) Every author or other owner of copyright shall have the exclusive right to cany out or

to authorise —

(a) ­ the reproduction of the work;

(b) ­ the translation of a work;

(c) ­ the adaptation, arrangement or other transformation of a work, including its

cinematographic adaption;

(d) ­ the distribution to the public of the original or a fixed copy of a work;

(e) ­ the rental of the original or a fixed copy of a work;

(f) ­ the public performance of a work;

(g) ­ the broadcasting of a work;

(h) ­ other forms of communication to the public of a work.

(2) (a) Subject to paragraph (b), the right of distribution under subsection (1 )(d) shall

not apply to the original or a copy of a work that has already been subject of a sale or other

transfer of ownership in any country.

(b) The exhaustion of the right of distribution referred to in paragraph (a) shall not

extend to a copy of a work that has been obtained in breach of the legal provisions protecting

the copyright ownership in that country.

(3) The right of rental under subsection (1)(e) shall not apply to rental of computer

programmes where the program itself is not the essential object of the rental.

(4) For the purposes of this section —

“work” means the whole, or a substantial part, of the work. ­

7. � Moral rights

(1) Notwithstanding the economic rights of the author and even after the transfer of the

said rights, the author shall have the right —

(a) ­ to claim authorship of the work;

(b) ­ to object to any distortion, mutilation or other modification of, or derogatory

action in relation to, the said work, which would be prejudicial to his honor or

reputation.

(2) (a) The rights referred to in subsection (1) shall, after the death of the author, be

maintained until the expiry of the economic rights.

(b) These rights shall be exercisable by the heirs of the deceased author or such

institution as may be prescribed.

(3) ­ A moral right shall be unassignable.

8. � Alienation of works

Where an author alienates the original or a copy of his work, he shall not, unless the

contract of alienation otherwise provides, be deemed to have —

(a) ­ transferred any economic right;

(b) ­ granted a licence; or

(c) ­ waived the exercise of any moral right.

9. Original ownership of economic rights �

(1) Subject to subsections (2) to (4), the original owner of economic rights in respect of

a work shall be the author who has created the work.

(2) (a) In respect of a work of joint authorship, the co-authors shall be the original

owners of the economic rights.

(b) Where a work of joint authorship consists of parts that can be used

separately, and the author of each part can be identified, the author of each part shall be the

original owner of the economic rights in the part that he has created.

(3) In respect of a work created by an author, employed by a natural person or legal

entity, in the course of his employment, the original owner of the economic rights shall be,

unless provided otherwise in a contract, the employer.

(4) (a) In respect of an audiovisual work, the original owner of the economic rights shall

be the producer, unless provided otherwise in a contract.

(b) The co-authors of the audiovisual work and the authors of the pre-existing

works included in or adapted for the making of the audiovisual work shall, however, maintain

their economic rights in their contributions or pre-existing works, respectively.

10. Presumptions regarding authorship, producer of audiovisual works and publisher

(1) The natural person whose name is indicated as the author on a work in the usual

manner shall be presumed to be the author of the work, even if the name is a pseudonym,

where the pseudonym leaves no doubt as to the identity of the author.

(2) The person whose name appears on an audiovisual work in the usual manner shall

be presumed to be the producer of the work.

(3) (a) Subject to subsection (1), in the case of an anonymous or pseudonymous work,

the publisher, whose name appears on the work shall be presumed to represent the author and

shall be entitled to exercise and enforce the moral and economic rights of the author.

(b) Where the author reveals his identity, the presumption shall cease to apply.

11. Contracts for commissioned works

(1) A work which has been commissioned to be created shall be deemed to have been

accepted by the person commissioning the work, unless he has rejected it by a written

declaration within 3 months from the date the work is delivered to him or within such time as

may be agreed between the parties.

(2) A person who has commissioned a work may, within the time specified in

subsection (1), return the work to the author with a written request for such corrections or

amendments as may be felt necessary.

(3) Where —

(a) an author refuses to comply with a request for correction or amendment; or

(b) the corrected or amended work does not satisfy the stipulated purpose,

the person who commissioned the work may terminate the contract but shall pay to the author

an equitable remuneration in return for the work done by the author.

PART III - FEATURES OF ECONOMIC RIGHTS

12. Assignment and licensing of rights of author

(1) Economic rights shall be assignable in whole or in part.

(2) Any assignment of an economic right, and any exclusive licence to do an act

subject to authorisation by the author or other owner of copyright, shall be in writing, signed by

—

(a) the assignor and the assignee; or ­

(b) the licensor and the licensee.

(3) An assignment of any economic right, or a licence to do an act subject to

authorisation by the author or other owner of copyright, shall not include or be deemed to

include the assignment or licence of any other rights not explicitly referred to therein.

(4) The scope of an assignment shall be limited to the specific use of the economic

right mentioned in the agreement.

(5) Where the ownership of a copy of a work is assigned, the economic rights relating

to the work shall not be deemed to have also been assigned.

(6) Where an agreement for the assignment of an economic right fails to mention the

time for which the assignment shall operate, the assignment shall terminate 10 years as from

the date of assignment.

(7) Where an agreement for the assignment of an economic right fails to mention any

country in which the assignment may have effect, the assignment shall only operate in

Mauritius.

(8) Where an agreement for the assignment of an economic right fails to specify the

ways and means of exploitation of the right, the assignee shall be entitled to exploit the right by

such ways and means as are necessary for the purpose envisaged by the parties when the

assignment was granted.

(9) Nothing in this section shall prevent the copyright owner of a work from granting a

licence, whether exclusive or not, to another person.

13. Agreement regarding future works

(1) Where an author undertakes in writing to grant a licence, or to assign the economic

rights concerning future works which are not specified in detail, either party may, on giving not

less than one month’s notice, terminate the agreement not earlier than 3 years after it was

signed or such shorter period as may have been agreed.

(2) The right of termination referred to in subsection (1) may not be waived in advance.

14. Non-use of economic rights

(1) Subject to subsection (2), where a person to whom an economic right in a work has

been assigned or an exclusive licensee does not exercise his right, or does so only

inadequately and the author’s legitimate interests are prejudiced by such failure, the author may

revoke the assignment or exclusive licence.

(2) A revocation in accordance with subsection (1) shall not be effected where the non-

exercise or inadequate exercise of a right is primarily due to circumstances which the author

can be expected to remedy.

(3) The right to revoke an assignment or a licence in accordance with subsection (1)

shall not be exercised earlier than 3 years from the date of assignment or licence, or, if the work

is supplied subsequently, from the date of delivery of the work.

(4) The right of revocation referred to in subsection (1) may not be waived in advance.

15. Duration of copyright

(1) The economic and moral rights shall be protected during the lifetime of the author

and for 50 years after his death.

(2) For a work of joint authorship, the economic and moral rights shall be protected

during the life of the last surviving author and for 50 years after his death.

(3) For an audiovisual work, the economic and moral rights shall be protected for 50

years from the date on which the work was made or first made available to the public by

publication, or by any other means, whichever date is the latest.

(4) For a work published anonymously or under a pseudonym, the economic and moral

rights shall be protected for 50 years from the date on which the work was made or first made

available to the public, by publication or by any other means, whichever date is the latest, where

the author’s identity is revealed or is no longer in doubt before the expiration of the said period,

the provisions of subsection (1) or (2) shall apply, as the case may be.

(5) For a work of applied art, the economic and moral rights shall be protected for 25

years from the making of the work.

(6) Every period provided for under the preceding subsections shall run to the end of

the calendar year in which it would otherwise expire.

PART IV - LIMITATIONS ON ECONOMIC RIGHTS

16. � Private reproduction for personal purposes

(1) Subject to subsection (2), the private reproduction of a legally obtained published

work in a single copy shall be permitted, without the authorisation of the author or owner of

copyright, where the reproduction is made by a natural person for his own personal use.

(2) ­ The permission under subsection(1) shall not extend to reproduction —

(a) ­ of a work of architecture in the form of building or other construction;

(b) ­ in the form of reprography of the whole or of a substantial part of a book or of

a musical work in the form of notation;

(c) ­ of the whole or of a substantial part of a database in digital form; and

(d) ­ of a computer programme, except as provided in section 22.

(3) ­ Equitable remuneration shall be paid to the author or copyright owner or to the

Society, as applicable. ­

17. Temporary reproduction

The temporary reproduction of a work shall be permitted where —

(a) ­ the reproduction is made in the process of a digital transmission of the work or an

act of making a digitally stored work perceptible;

(b) ­ it is caused by a person or entity, who with the authorisation of the owner of

copyright or of operation of law, is entitled to make the transmission or making

perceptible of the work; and

(c) ­ it is an accessory to the transmission or making it perceptible, that occurs during the

normal operation of the equipment used and entails the automatic deletion of the

copy without enabling the retrieval of the work for any other purpose than those

referred to in paragraphs (a) and (b).

18. � Quotation

(1) The quotation from a work that has lawfully been made available to the public shall

be permitted without authorisation of the author or other owner of copyright, where the quotation

—

(a) ­ is compatible with fair practice;

(b) ­ does not exceed the extent justified by the purpose; and

(c) ­ is used for the purpose of caricature, parody or pastiche.

(2) The quotation shall be accompanied by an indication of source and the name of the

author where the name appears in the source from which the quotation is taken.

19. � Reproduction and other utilisation for teaching and scientific non-commercial purposes

(1) The following acts shall be permitted in respect of a work without the authorisation

of the author or other owner of copyright —

(a) ­ the utilisation for scientific research purposes or by way of illustration for

teaching of a work that has lawfully been made available to the public, in

publications, broadcasting or sound or visual recordings, where such

utilisation —

(i) ­ is compatible with fair practice; and

(ii) ­ does not exceed the extent justified by the purpose;

(b) ­ the reprographic reproduction, for face-to-face teaching in educational

institutions of which the activities do not serve direct or indirect commercial

gain, of published articles, other short works or short extracts of works, to the

extent justified by the purpose, where —

(i) ­ the reproduction of any particular work is an isolated act occurring, if

repeated, on separate and unrelated occasions:

(ii) ­ no more than a single copy for each pupil or student and the teacher is

made; and

(iii) ­ there is no collective licence offered or made available by a collective

administration organisation of which the educational institution is or

ought to be aware, under which such reproduction may be made.

(2) The source of the work and the name of the author shall be indicated, as far as

practicable —

(a) ­ on all copies made under subsection (1); or

(b) ­ in reasonable connection with the work.

(3) For the purposes of this section —

“utilisation” includes the making available of such works in computer networks,

where access to the works is only available to enrolled pupils or students and their

teachers.

20. � Reproduction by libraries and archives

Any library or archive, whose activities do not serve direct or indirect commercial gain,

may, without the authorisation of the author or other owner of copyright, make a copy of a work

—

(a) ­ by reprographic reproduction —

(i) ­ where the work reproduced is a published article, other short work or short

extract of a work; and

(ii) ­ the purpose of the reproduction is to satisfy the request of a person, where —

(A) ­ the library or archive is satisfied that the copy shall be used solely for

the purposes of study, scholarship or private research;

(B) ­ the reproduction of any particular work is an isolated act occurring, if

repeated, on separate and unrelated occasions; and

(C) ­ there is no collective licence available offered by a collective copyright

management organization under which such copies can be made;

(b) ­ to preserve, and, if necessary, replace a copy which has been lost, destroyed, or

rendered unusable in its own permanent collection or the permanent collection of

another similar library or archive, where it is impossible to obtain such a copy under

reasonable conditions.

21. � Reproduction, broadcasting and other communication to the public for informatory purposes

The following acts shall be permitted in respect of a work without the authorisation of the

author or other owner of copyright, subject to the obligation to indicate the source and the name

of the author, as far as practicable, where —

(a) ­ the reproduction in a newspaper or periodical, the broadcasting or other

communication to the public, of an article published in a newspaper or periodical on

current economic, political or religious topics or a broadcast work of the same

character except that this permission shall not apply where the right to authorise

reproduction, broadcasting or other communication to the public is expressly

reserved on the copies by the author or other owner of copyright, or in connection

with broadcasting or other communication to the public of the work;

(b) ­ for the purpose of reporting current events, the reproduction and the broadcasting

or other communication to the public of short excerpts of a work seen or heard in

the course of such events, to the extent justified by the purpose;

(c) ­ the reproduction in a newspaper or periodical, the broadcasting or other

communication to the public of a lecture, address, sermon or other work of a similar

nature delivered in public, to the extent justified by the purpose of providing current

information.

22. � Reproduction, adaptation of computer programmes and decompilation

(1) The reproduction, in a single copy, or the adaptation of a computer programme by

the lawful owner of a copy of that computer programme shall be permitted without the

authorisation of the author, or other owner of copyright where the copy or adaptation is

necessary for —

(a) ­ use of the computer programme with a computer for the purpose and extent

for which the computer programme has been obtained;

(b) archival purposes; or ­

(c) ­ the replacement of the lawfully owned copy of the computer programme in the

event that the said copy of the computer programme is lost, destroyed or

rendered unusable.

(2) No copy or adaptation of a computer programme shall be used for any purpose

other than those specified in subsection (1), and any such copy or adaptation shall be destroyed

in the event that continued possession of the copy of the computer programme ceases to be

lawful.

(3) The authorisation of the lawful owner of a computer programme is not required

where reproduction of the code and translation of its form are indispensable to obtain the

information necessary to achieve the interoperability of an independently created computer

programme with other programmes, unless the following conditions are satisfied —

(a) ­ those acts are performed by the licensee or another person having a right to

use a copy of a program;

(b) ­ the information necessary to achieve interoperability has not previously been

readily available;

(c) ­ those acts are confined to the parts of the original program which are

necessary in order to achieve interoperability.

23. � Visually impaired person

(1) It shall be permitted, without the authorisation of the author or other owner of

copyright, to reproduce a published work for persons who are blind, visually impaired or

otherwise print disabled in an alternative manner or form which enables their perception of the

work, and to distribute and make available the copies exclusively to those persons, where —

(a) ­ the work is not reasonably available in an identical or largely equivalent form

enabling its perception by these persons; and

(b) the reproduction and distribution are made on a non-profit basis. ­

(2) Distribution shall also be permitted where copies for the visually impaired persons

have been made abroad and the conditions referred to in subsection (1) are satisfied.

(3) A copy made under subsections (1) and (2) shall indicate the source and the name

of the author, and it shall be permitted for an authorised entity to distribute or make available

that copy to a beneficiary person or an authorised entity abroad.

(4) For the purposes of subsection (1), it shall be permitted to make the changes

needed to make the work accessible in the alternative format.

24. Ephemeral recordings

(1) Any broadcasting organisation may, without the authorisation of the author or other

owner of copyright, make for the purpose of its own broadcasts, and by means of its own

facilities, an ephemeral recording of any work which it is authorised to broadcast.

(2) A copy made under subsection (1) shall be destroyed within 6 months of its making

or such longer term as may be agreed to by the author.

(3) Notwithstanding subsection (2), where such recording has an exceptional

documentary character, one copy of it may be preserved in official archives.

25. Importation for personal purposes

The importation of a copy of a work, by a physical person, for his personal purposes, shall

be permitted without the authorisation of the author of, or other owner of copyright in, the work.

26. Distribution of copies of works

Where a work has been distributed by means of the sale of fixed copies to the public, the

copies may, without the author’s authorisation and without payment of remuneration, be

redistributed by means of sale.

27. � Public lending

(1) A library or archive whose activities do not, directly or indirectly, serve commercial

gain may, without the authorisation of the author, lend to a member of the public a copy of a

work, other than a computer programme, which is part of the permanent collection of the library

or archive.

(2) Every library or archive referred to in subsection (1) shall pay such equitable

remuneration as may be prescribed.

28. � Display of works

The public display of originals or copies of works shall be permitted without the

authorisation of the author, where —

(a) ­ the display is not made by means of—

(i) ­ a film, slide, television image, or otherwise, on screen; or

(ii) ­ any other device or process; and

(b) ­ (i) the work has been published; or

(ii) ­ the original or the copy displayed has been sold, given away or otherwise

transferred to another person by the author.

PART V - BROADCASTING ORGANISATIONS, PERFORMERS AND PRODUCERS

29. � Rights of broadcasting organisation

(1) A broadcasting organisation shall have the exclusive right to carry out, to authorise

or to prohibit any of—

(a) ­ the rebroadcasting of its broadcast;

(b) ­ the communication to the public of its broadcast;

(c) ­ the fixation of its broadcast;

(d) ­ the reproduction of a fixation of its broadcast.

(2) The rights under this section shall be protected from the moment the broadcasting

takes place until the end of the twentieth calendar year following the year in which the broadcast

takes place.

(3) Programme-carrying signals, transmitted by satellite, which are not intended for

direct reception by the public, but for simultaneous or subsequent broadcasting or cable

distribution by an authorised receiving organisation, may not be broadcast or communicated to

the public without the authorisation of the broadcasting organisation that decided what

programme the emitted signal would carry.

30. � Rights of performer

(1) Every performer shall have the exclusive right to carry out or to authorise —

(a) ­ the broadcasting or other communication to the public of his performance,

except where the broadcasting or the other communication —

(i) ­ is made from a fixation of the performance which the performer has

authorised to be made; or

(ii) ­ is a rebroadcasting made or authorised by the organisation initially

broadcasting the performance;

(b) ­ the fixation of his unfixed performance;

(c) ­ the direct or indirect reproduction of a fixation of his performance, in any

manner or form;

(d) ­ the distribution of a fixation of his performance, or of fixed copies thereof, to

the public;

(e) ­ the rental to the public of a fixation of his performance, or their fixed copies; or

(f) ­ the making available to the public of his fixed performance, by wire or wireless

means, in such a way that members of the public may access them from a

place or at a time individually chosen by them.

prejudicial to his reputation.

(2) (a) Subsection (1) shall not apply where the performer has authorised the

incorporation of his performance in an audiovisual fixation.

(b) Unless otherwise agreed in writing, the performer shall be deemed to have

assigned his exclusive economic rights with respect to the fixation to its producer.

(3) The right of distribution under subsection (1)(d) shall not apply to a fixed copy of a

fixation of his performance that has already been subject to a sale or other transfer of ownership

authorised by the performer in any country.

(4) (a) Notwithstanding the economic rights of the performer, and even after the

transfer of those rights, the performer shall have the right to —

(i) ­ claim to be identified as the performer of his performances, except

where omission is dictated by the manner of the use of the performance;

and

(ii) ­ object to any distortion, mutilation or other modification of his

performances that would be

(b) Modifications consistent with the normal exploitation of a performance in the

course of a use authorised by the performer shall not be considered prejudicial to the

performer’s reputation.

(5) The rights under this section shall be protected until the end of the fiftieth calendar

year following the year in which the performance was fixed.

31. Grant of authorisation by performer �

An authorisation under section 30 may be given by a performer or by a duly appointed

representative to whom the performer has delegated his power in writing.

32. � Rights of phonogram producer

(1) Every producer of a phonogram shall have the exclusive right to cariy out or to

authorise —

(a) ­ the direct or indirect reproduction of the phonogram in any manner or form;

(b) ­ the distribution of the original or copies of the phonogram to the public;

(c) ­ the rental of a copy of the phonogram to the public;

(d) ­ the making available to the public Of the phonogram, by wire or wireless

means, in such a way that members of the public may access it from a place

or at a time individually chosen by them.

(2) The right of distribution under subsection (1)(b) shall not apply to the original or the

copy of the phonogram that has already been subject to a sale or other transfer of ownership

authorised by the producer in any country.

(3) The rights under subsection (1) shall be protected from the publication of the

phonogram —

(a) ­ until the end of the fiftieth calendar year following the year of publication;

(b) ­ the phonogram has not been published from the fixation of the phonogram

until the end of the fiftieth calendar year following the year of fixation.

33. Obligations of producer

(1) Any sound recording bearing a label as set out under subsection (2) and fulfilling

the requirements of section 34 shall be deemed to be a protected copyright work.

(2) Every producer of a sound recording shall state on the label of the recording or on

its container —

(a) the names of the author and of the main performer;

(b) the title of the work;

(c) the name or distinguishing mark of the producer; and

(d) that the rights accruing to the producer under this Act are reserved.

(3) For the purposes of subsection (2)(a), a choir or an orchestra shall be referred to by

its name and that of its leader, if any.

34. Notice of protection

(1) Where a copy of a sound recording or audiovisual work conspicuously bears on the

label of the recording or on its container a notice bearing —

(a) the symbol “P”;

(b) the hologram of the Society; and

(c) the year in which the sound recording was first published,

the copy of a sound recording or audiovisual work shall be deemed to be a protected copyright

work.

(2) Where the label of a copy of a sound recording or its container do not identify the

producer by its name, description or trade mark, the notice referred to in subsection (1) shall

also include the name of the owner of the copyright in the recording.

(3) The notice referred to in subsection (1) shall be prima facie evidence of the facts

stated for the purposes of any proceedings brought under this Act with respect to the rights of

the producer.

(4) No person shall deal in, or have in his possession for commercial purpose, a copy

of a sound recording referred to in subsection (1) unless it bears the hologram of the Society.

35. Equitable remuneration for use of phonogram

(1) Subject to subsection (5), where a phonogram published for commercial purposes,

or a reproduction of such phonogram, is used directly for broadcasting or other communication

to the public, or is publicly performed, a single equitable remuneration for the performer or

performers and the producer of the phonogram shall, as the case may be, be paid by the user to

the producer or Society.

(2) Unless otherwise agreed between the performers and the producer, half of the

amount received by the producer under subsection (1) shall be paid by the producer to the

performer.

(3) Where the phonogram is protected under section 32(3), the right to an equitable

remuneration under this section shall subsist from the date of publication of the phonogram until

the end of the fiftieth calendar year following the year of publication.

(4) For the purposes of this section, phonograms that have been made available to the

public by wire or wireless in such a way that members of the public may access them from a

place and at a time individually chosen by them shall be considered as if they have been

published for commercial purposes.

(5) Section 32(1)(d) shall not apply to the extent that the use of the phonogram is

covered by an exclusive right under section 32.

36. � Limitation on protection

Sections 29, 30, 31 and 32 shall not apply where the acts referred to in those sections are

related to —

(a) ­ using short excerpts for reporting current events to the extent justified by the

purpose of providing current information;

(b) ­ reproduction solely for scientific research;

(c) ­ reproduction solely for the purpose of teaching activities, except for performances

and phonograms which have been published as teaching or instructional materials;

(d) ­ instances where, under Part I, a work may be used without the authorisation of the

author or other owner of copyright.

PART VI- ANTI-CIRCUMVENTION

37. � Technological protection measures

(1) ­ It is prohibited to —

(a) ­ circumvent effective technological protection measures; or

(b) ­ (i) produce, import, distribute, sell, rent, advertise for sale or rental; or

(ii) ­ possess devices, products, components or services for commercial

purposes that —

(A) ­ are promoted, advertised or marketed for the purpose of

circumventing effective technological protection measures;

(B) have only a limited commercially significant purpose or useother

than to circumvent effective technological protection

measures; or

(C) ­ are primarily designed, produced, adapted or performed for the

purpose of enabling or facilitating the circumvention of effective

technological protection measures.

(2) In this section, a technological protection measure shall be considered effective

where the use of a work or related right is controlled by the right holder through application of an

access control or protection process such as encryption, scrambling or other transformation of

the work or other subject-matter, or a copy control mechanism which, in the normal course of its

operation, achieves the protection objective.

(3) Notwithstanding subsection (1), upon the request by the beneficiary of an exception

or limitation in accordance with sections 14, 15, 16, 18, 19, 20 or 21, the right holder shall have

the technological protection measure lifted, to the extent necessary, for the beneficiary to fully

benefit from the exception or limitation, as applicable.

(4) The provisions of subsection (2) shall not apply to works or other subject matter

made available to the public on agreed contractual terms in such a way that members of the

public may access them from a place and at a time individually chosen by them.

38. � Protection of rights management information

(1) ­ No person shall —

(a) ­ remove or alter any electronic rights management information without the

consent of the right holder; or

(b) ­ distribute, import for distribution, broadcast or communicate to the public of

works or other subject matter protected under this Act from which electronic

copyright management information has been removed or altered without the

authorisation of the right owner when such act will induce, enable, facilitate or

conceal an infringement of any right covered by this Act.

(2) Subsection (1) shall not prohibit any governmental activities for public policy or ­

security authorised by law.

39. � Prohibited acts assimilated to infringement of rights

Any action or prosecution under sections 29(3), 37 and 38 shall be without prejudice to

any action or prosecution for infringement of copyright or related rights under this Act.

PART VII- APPLICATION OF ACT

40. � Scope of application of copyright

(1) The provisions of this Act concerning the protection of artistic, literary or scientific

works shall apply to —

(a) ­ works of authors who are citizens of, or have their habitual residence in

Mauritius;

(b) ­ works first published —

(i) ­ in Mauritius; or

(ii) ­ in another country and published thereafter iii Mauritius, within 30 days,

irrespective of the citizenship or residence of their authors;

(c) ­ audiovisual works, the producer of which has his headquarters or habitual

residence in Mauritius; or

(d) ­ works of architecture erected in Mauritius including other artistic works

incorporated in a building or other structure located in Mauritius.

(2) The provisions of this Act shall also apply to works that are eligible for protection in

Mauritius by virtue of and in accordance with any international convention or other international

agreement to which Mauritius is a party and as are prescribed.

41. � Scope of application of related rights

(1) The provisions of this Act relating to the protection of performers shall apply to ­

performers taking part in a performance

(a) ­ taking place in Mauritius;

(b) ­ incorporated in phonograms that are protected under this Act; or

(c) ­ which has been fixed in a phonogram but is included in broadcasts protected

under this Act.

(2) This Act relating to the protection of phonograms shall apply to phonograms

produced, first fixed or first published in Mauritius.

(3) ­ The provisions of this Act concerning the protection of broadcasts shall apply to —

(a) ­ broadcasts of a broadcasting organisation or the headquarters of which are

situated in Mauritius;

(b) ­ broadcasts transmitted from transmitters situated in Mauritius.

(4) This Act shall also apply’ to performers, producers of phonograms, broadcasting

organisations and originating organisations which are eligible for protection by virtue of and in

accordance with any international convention or other international agreement to which

Mauritius is party and as are prescribed.

PART VIII- THE SOCIETY

42. � Management of rights

Copyright and related rights may be managed by —

(a) ­ an individual right holder or his lawfully authorised agent under a written contract of

agency or power of attorney; or

(b) ­ the Society.

43. � Establishment of Society

(1) There shall be established for the purposes of this Act the Rights Management

Society which shall be a body corporate.

(2) ­ The Society shall comprise —

(a) ­ of the Director or his representative; and

(b) ­ such other division as may be set up by the Board.

(3) ­ The Society shall be administered by a Board and shall have its own seal.

(4) ­ The Board shall consist of —

(a) ­ a Chairperson, appointed by the Minister;

(b) ­ a representative of the Ministry responsible for the subject of arts and culture,

not below the rank of Deputy Permanent Secretary;

(c) ­ a representative of the Attorney-General’s Office, not below the rank of

Principal State Counsel;

(d) ­ a representative of the Ministry responsible for the subject of industry and

commerce, not below the rank of Deputy Permanent Secretary;

(e) ­ a representative of the Customs Department, not below the rank of Principal

Customs Officer;

(f) ­ a representative of the Industrial Property Office, not below the rank of

Principal Industrial Property Officer;

(g) 2 other members having knowledge and experience in the field of copyright ­

and related rights, appointed by the Minister after consultation with such

person as the Minister may deem appropriate; and

(h) ­ 3 members of the Society, to be elected in such manner as the Society may

determine.

(5) Members of the Board shall hold office for 3 years and shall be eligible for re-

appointment or re-election for one additional term.

(6) ­ At any meeting of the Board, 7 members shall constitute a quorum.

(7) Every member of the Board shall be paid such allowance or fees as the Board may

determine after consultation with the Minister.

44. � Appointment of staff

(1) ­ The Board shall appoint on such terms and conditions as appropriate —

(a) ­ a Director who shall —

(i) ­ be responsible for the day-to-day management of the Society;

(ii) ­ execute the policy of the Board; and

(iii) ­ act in accordance with such directions, not inconsistent with this Act, as

he may receive from the Board;

(b) ­ such other staff as may be necessary for the proper discharge of the functions

of the Society.

(2) The staff referred to in subsection (l)(b) shall be under the administrative control of

the Director.

45. � Objects and functions of Society

(1) ­ The Society, in relation to its members, shall —

(a) ­ collectively manage rights which may include the rights of authors or owners

of copyright under section 6(1) or related rights namely —

(i) right of public performance, right of public transmission, right of public

communication of a fixed work, right of broadcasting, right of

rebroadcasting, right of public communication of a broadcasting and

right of making available to the public non-stage musical and literary

works;

(ii) right of audio recording reproduction of musical work;

(iii) right of distribution, the right of rental and the right to a remuneration;

(iv) right to a remuneration for public lending;

(v) resale right when the original works of art are being resold;

(vi) right to a remuneration for reproduction of a work for private or personal

use;

(vii) right to a remuneration to the public of folk literary and artistic creations;

(viii) performers under section 30(1), namely —

(A) right of public communication of a fixed performance and

broadcastings;

(B) right of public presentation of a fixed performance;

(C) right of broadcasting and rebroadcasting of a fixed perfonnance;

(D) right of making available to the public of a fixed performance;

(E) rental right of a fixed performance;

(F) right to a remuneration for public lending of a fixed performance;

(G) ­ right to a remuneration for reproduction of a fixed performance for

private or other personal use;

(ix) ­ producers of phonograms under section 32(1), namely —

(A) ­ right of making available to the public of a phonogram;

(B) ­ right to a remuneration for broadcasting and public communication

of a phonogram;

(C) ­ right of rental of a phonogram;

(D) ­ right to a remuneration for public lending of a phonogram;

(E) ­ right to a remuneration for reproduction of a phonogram for private

or other personal use;

(x) ­ film producers, namely —

(A) ­ right to a remuneration for public lending of a videogram;

(B) ­ right to a remuneration for reproduction of a videogram for private

or other personal use;

(xi) ­ the right to a remuneration of publishers for reproduction of their written

editions for private or other personal use; ­

(b) ­ determine the criteria for, and classes of, membership of the Society;

(c) ­ represent and defend the interests of its members in Mauritius and abroad;

(d) ­ administer, within Mauritius on an exclusive basis, such economic rights of its

members on such terms and conditions set down in its rules;

(e) ­ negotiate with any user of a work —

(i) ­ the conditions of, and the fees to be paid for, the authorisation to be given to do an

act covered by any economic rights referred to in paragraph (d);

(ii) ­ the amount of equitable remuneration where the right to such remuneration is

administered by the Society;

(f) ­ collect fees from the users of a work on behalf of its members and distribute those fees

among those members;

(g) ­ enter into reciprocal agreements with foreign societies for the issue of exclusive

authorisation in respect of their members’ works and for the collection and distribution of

fees deriving from those works;

(h) ­ endeavour to obtain the transfer of membership of Mauritian authors, phonogram

producers and performers who are members of foreign societies and safeguard in their

favour, whose membership has been transferred, all the advantages which may have

accrued to them before the transfer;

(i) ­ issue standard forms of contracts for the benefit and use of its members;

(j) ­ foster such harmony and understanding between its members and the users of their

works as are necessary for the protection of their economic rights;

(k) ­ provide its members with information or advice on all matters relating to copyright and

related rights;

(1) ­ do any further activities which it has been authorised to do by its members whose

economic rights or rights to equitable remuneration it administers;

(m) ­ establish and administer a Provident Fund and a Benevolent Fund for the benefit of its

members;

(n) ­ to do such other functions as may be prescribed.

46. � Membership of Society

(1) Any author, phonogram producer, performer, publisher or the holder of an exclusive

licence may apply for membership in accordance with the rules of the Society.

(2) The Society may, on receipt of an application under subsection (1), request the

applicant to furnish such particulars as it may require for the purpose of determining whether the

application ought to be granted or not.

(3) The Society may refuse the application or grant it on such terms and conditions and

on payment of such membership fee as are provided for in its rules.

47. � General Fund

(1) ­ The Society shall establish a General Fund —

(a) ­ into which any money received by the Society shall be paid;

(b) ­ out of which all payments required to be made by the Society shall be

effected.

(2) The Society may, in the discharge of its functions and in accordance with the terms

and conditions upon which its funds may have been obtained or derived, charge to the General

Fund all remunerations, allowances, salaries, fees, gratuities, working expenses and other

charges properly arising.

(3) ­ The Society shall manage, utilise, or invest the assets and the funds of the Society

in such manner and for such purposes as in its opinion will best promote its interests.

48. Publication of accounts

(1) The Director shall, not later than 3 months after the end of every financial year,

submit to the Board for approval the annual report in respect of that year.

(2) After approval of the Board, the Director shall, not later than 30 April after the end of

every financial year, submit the report to the auditor.

(3) The auditor shall, within 6 months of the date of receipt of the annual report

pursuant to subsection (2), submit the annual report and his audit report to the Board.

(4) For the purposes of section 5 of the Statutory Bodies (Accounts and Audit) Act, the

auditor shall be the Director of Audit.

49. Execution of documents

(1) Subject to subsection (2), any document shall be deemed to be properly executed

by or on behalf of the Society, where it is signed by the Chairperson and the Director.

(2) Where the Chairperson or the Director is unable to sign any document, the Board

may designate a member of the Board to sign the document.

50. Exemptions

(1) Article 910 of the Code Napoleon shall not apply to the Society.

(2) The Society shall not be liable to the payment of income tax.

(3) No registration duty shall be payable in respect of any document signed or executed

by the Society or under which it is the sole beneficiary.

51. Rules

(1) The Board may make such rules as it thinks fit in order to implement the objects of

the Society.

(2) ­ The rules made under subsection (1) shall be published in the Gazette.

(3) ­ Any rules made under subsection (1) shall be approved by the Minister.

52. � Protection from liability

No action shall lie against the Society, the Board, any member of the Board or any

employee of the Society, as the case may be, in respect of any act done or omission made by it

or him in good faith, in the performance of its or his functions under this Act or any other

enactment.

PART IX - JUDICIAL PROCEEDINGS

53. � Special remedies

(1) The Supreme Court may, notwithstanding any other enactment and without

prejudice to such action as the author or right holder may have under such other enactment,

grant such remedies, by way of damages, injunction, forfeiture of any infringing copy and of any

apparatus, article or thing used for the making of the infringing copy or otherwise, as the Court

thinks fit.

(2) Without prejudice to any action or claim which he may have, a copyright owner or

author may apply to a Judge in Chambers for an injunction or order for a mesure conservatoire

as is appropriate in the circumstances, for the protection against infringement of his rights under

this Act.

(3) ­ An order under subsection (1) may include —

(a) ­ the forfeiture or seizure of any infringing copy or any apparatus, article or thing

used for the making of the infringing copy;

(b) handing over to the copyright owner or author any infringing copy. ­

54. � Presumptions

In any action for an alleged infringement of copyright —

(a) ­ it shall be presumed, unless the defendant puts it in issue, that —

(i) ­ copyright or related right subsists in the work to which the action relates;

(ii) ­ the plaintiff is the right holder if he claims so to be;

(iii) ­ the person whose name is indicated on an audiovisual work in the usual

manner as being the producer is the producer of the work;

(b) ­ it shall be presumed, unless the contrary is proved, that the person named as

author of a published work, if it were his true name or a name by which he was

commonly known, is the author of the work;

(c) ­ where it is proved or admitted that the author of a work is dead or a work was

published anonymously or under a pseudonym, it shall be presumed, unless the

contrary is proved, that —

(i) ­ the work is an original work;

(ii) ­ any allegation by the plaintiff that the publication was a first publication and

occurred in a specified country on a specific date is true;

(iii) ­ in the case of a work which was published anonymously or under a

pseudonym, the publisher of the work is the copyright owner.

55. � Vain threats

(1) Subject to subsection (2), where a person who claims to be a right holder or an

exclusive licensee threatens any other person with legal proceedings in respect of an alleged

infringement of his copyright or related right, the person threatened may —

(a) ­ bring an action against the claimant and obtain an injunction against the

continuance of the threat;

(b) ­ recover damages for any injury which he has sustained where the alleged

infringement to which the threat related was not in fact an infringement of any

copyright or other intellectual property rights of the claimant.

(2) Subsection (1) shall not apply where the claimant commences and prosecutes an

action with due diligence for infringement of his copyright or related rights.

56. � Offences

(1) ­ Unless otherwise provided under this Act, any person who —

(a) ­ without the express authorisation of the author or owner of the copyright —

(i) ­ publishes, distributes or reproduces a work for commercial purposes;

(ii) ­ performs a work for the public for gain or against remuneration;

(iii) ­ communicates a work to the public for gain or against remuneration;

(iv) broadcasts a work for gain or remuneration;

(v) ­ makes a derivative work for gain or against remuneration;

(vi) ­ imports, otherwise than exclusively for his own private and personal use,

sells, exposes or offers for sale or hire, or has in his possession in the

course of trade, any copy of a work which constitutes an infringement of

the copyright of its owner, or would constitute such an infringement if the

copy of the work were made iii Mauritius;

(b) without the express authorisation of the owner of the related rights, infringes ­

the exclusive rights of performers, producers of phonograms and broadcasting

organisations for gain or against remuneration;

(c) ­ manufactures, imports for sale or rental, or provides such services as offering

for sale, rental or distribution any device or means which is —

(i) ­ specifically designed or adapted to circumvent any device or means

intended to prevent or restrict reproduction of a work or to impair the

quality of any copy made thereof; or

(ii) ­ susceptible to enable or assist in the reception or further distribution of

an encrypted program, which is broadcast or otherwise communicated

to the public, by a person who is not entitled to receive the program;

(d) ­ has in his possession in the course of trade any apparatus, article or thing,

knowing that it is to be used for making infringing copies of a work or for a

purpose referred to in paragraph (b);

(e) ­ intentionally or recklessly deprives the copyright owner or author of his rights,

for gain or against remuneration,

shall commit an offence.

(2) For the purposes of subsection (l)(a), where a work is communicated to the public

on the premises of an occupier by the operation of any apparatus which is provided by or with

the consent of the occupier of those premises, the occupier shall be deemed to be the person

communicating the work to the public, whether he operates the apparatus or not.

(3) ­ (a) Any person who commits an offence shall—

(i) ­ on a first conviction, be liable to a fine not exceeding 300,000 rupees

and to imprisonment for a term not exceeding 2 years;

(ii) on a second or subsequent offence, be liable to a fine not exceeding ­

500,000 rupees and to imprisonment for a term not exceeding 8 years.

(b) Notwithstanding any other enactment, the Magistrate of the Intermediate

Court shall have exclusive jurisdiction to try any person at first instance charged with an offence

under this Act.

(4) The Court before which a person is convicted of an offence may, in addition to any

other penalty imposed —

(a) ­ order the forfeiture of any apparatus, article or thing which is the subject-

matter of the offence or is used in connection with the commission of the

offence;

(b) ­ order that such apparatus, article or thing shall be delivered up to any person

lawfully entitled to it.

PART X - MISCELLANEOUS

57. � Regulations

(1) ­ The Minister may make such regulations as he thinks fit for the purposes of this Act.

(2) Regulations made under subsection (1) may provide for the levying of fees and

charges.

58. � Transitional provisions

(1) ­ In this section —

“former Society” means the Mauritius Society of Authors established under the

Copyright Act.

(2) ­ Every asset, right or liability of the former Society shall vest in or attach to, the

Society.

(3) Any act commenced or done by, or in relation to the former Society shall be

deemed to have been commenced or done by or in relation to, the Society.

(4) Any action or judicial proceedings entered by or against the former Society shall be

deemed to have been validly entered by or against the Society.

(5) Any contract of employment as regards the staff of the former Society and which

are still valid at the time of coming into force of this Act, shall be deemed to have been duly

entered by the Society.

(6) Any reciprocal agreement made with foreign societies by the former Society shall be

deemed to have been validly entered into by the Society.

(7) Any authorisation or licence issued by the former Society and which is still valid at

the time of coming into force of this Act, shall be deemed to have been validly issued by the

Society.

(8) Any rules made by the former Society shall be deemed to have been made by the

Society under this Act.

59. Repeal and savings

(1) The Copyright Act 1997 is repealed.

(2) Notwithstanding subsection (1), any protection granted to or enjoyed by a copyright

owner or author under the Copyright Act, except in respect of exhaustion of rights and parallel

imports, and which is still subsisting at the time of coming into force of this Act, shall continue to

apply as if granted under this Act.

(3) Any contract relating to a work, performance, phonograrn or broadcast entered prior

to the coming into force of this Act and which is still valid at the time of coming into force of this

Act, shall be deemed to have been made under this Act.

(4) Where this Act does not make provision for any transition, the Minister may make

such regulations as may be necessary for that purpose.

60. Commencement

(1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by

Proclamation.

(2) Different dates may be fixed for the coming into operation of different sections of

this Act.

Passed by the National Assembly on the first day of April two thousand and fourteen.

Bibi Safeena Lotun (Mrs) Clerk of the National Assembly