L.N. 197 of 2004
COPYRIGHT ACT (CAP. 415)
Revival of Copyright and Neighbouring Rights (Protection) and Exhaustion of Distribution Rights (Extension) Regulations, 2004
IN exercise of the powers conferred by article 59 (c) and (d) of
the Copyright Act, the Minister for Competitiveness and
Communications has made the following regulations>
1. (1) The title of these regulations is the Revival of Copyright and Neighbouring Rights (Protection) and Exhaustion of Distribution Rights (Extension) Regulations, 2004.
(2) These regulations come into force on the 1st May, 2004.
2. In these regulations, unless the context otherwise requires –
“arrangements” means arrangements for the exploitation of the work in question<
“commencement” means the date on which these regulations come into force<
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 and as subsequently amended<
“EEA state” means a state which is a contracting party to the EEA Agreement<
“media-related production” means performances, audiovisual works, recordings and broadcasts that according to the provisions of the Copyright Act, are protected by neighbouring rights<
“revived rights” means any copyright or neighbouring rights which subsist by virtue of the provisions of the Copyright
Citation and commencement.
Interpretation.
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Revival of copyright and neighbouring rights.
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Ownership of revived rights.
Exercise of moral rights in respect of revived copyright and performer’s rights.
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Act, after having expired under the provisions of the preceding Copyright Act, Cap. 196 or any other earlier enactment relating to copyright or related rights and revived in terms of regulation 3 hereof.
(2) Where if the former rights owner has died before commencement, or, in the case of a legal person, has ceased to exist before commencement, the revived rights shall vest in his or its rightful successors
5. (1) Any waiver or assertion of moral rights which subsisted immediately before expiry of copyright or performer’s rights shall continue to have effect during the period of revived copyright or performer’s rights, as the case may be.
(2) Moral rights are exercisable after commencement by the author of a work or by the performer in respect of his performances, as with any other copyright work or performance.
(3) Where the author died before commencement
(4) Where the performer died before commencement
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6. (1) No act done before commencement shall be regarded as infringing revived rights in a work or media-related production.
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Acts of exploitation when work was in public domain.
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Use as of right subject to equitable royalty.
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Extension of territorial scope of exhaustion of distribution rights.
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of arrangements made at a time when, the name and address of a person entitled to authorise the act cannot by reasonable inquiry be ascertained.
(5) It is not an infringement of any moral right to do anything which by virtue of these regulations is not an infringement of copyright or neighbouring rights.
7. (1) In the case of a work or media-related production in which revived rights subsist any act restricted by the copyright or neighbouring rights shall be treated as licensed or consented to by the copyright owner or neighbouring rights owner or by the collecting society as authorized under Article 52 of the Copyright Act, subject only to the payment of such equitable royalty or other remuneration as may be agreed individually or through the collecting society or determined in default of agreement by the Copyright Board at the request of the copyright owner or neighbouring rights owner or the collecting society or the person claiming to be treated as licensed by him or the society or as having his consent.
(2) A person intending to avail himself of the right conferred by this regulation must give reasonable notice in writing of his intention to the copyright owner or neighbouring rights owner or collecting society, stating when he intends to begin to do the acts. If he fails to give such notice, his acts shall not be deemed as licensed or as having the owner’s consent.
8. (1) For the purposes of articles 8 and 20 of the Copyright Act, “market” shall as from the 1st May, 2004 mean the market covered by the EEA Agreement.
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