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COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 2006.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

   3.   Application of the Act.

PART II
COPYRIGHT PROTECTION AND RIGHTS.

   4.   Author entitled to copyright protection.

   5.   Work eligible for copyright.

   6.   Ideas not protected.

   7.   Public benefit works not protected.

   8.   Employed authors and works for Government or international bodies.

   9.   Economic rights of author.

   10.   Moral rights of author.

   11.   Co-author's right.

   12.   Fine art works to have inalienable right in proceeds of sale.

PART III
DURATION OF COPYRIGHT AND AUTHORISED USES OF PROTECTED WORKS.

   13.   Duration of copyright protection.

   14.   Assignment of licence or transfer of a copyright.

   15.   Fair use of works protected by copyright.

   16.   Ephemeral recording.

   17.   Non-exclusive licence.

   18.   Scope and condition of non-exclusive licence.

   19.   Translation for broadcasting.

   20.   Records of copyright centres.

PART IV
NEIGHBOURING RIGHTS.

   21.   Neighbouring rights and persons entitled.

   22.   Rights of a performer.

   23.   Moral rights of a performer.

   24.   Action not authorised without a specific provision in a contract.

   25.   Authorisation in a co-performance.

   26.   Duration of protection of performer.

   27.   Rights of Director.

   28.   Rights of producer.

   29.   Duty to indicate moral right information.

   30.   Notice of protection of producer's rights.

   31.   Remuneration for broadcasting.

   32.   Rights of a broadcasting company.

   33.   Producers of programme-carrying signals.

   34.   Limitation on neighbouring rights.

PART V
CONTRACTS RELATING TO THE EXPLOITATIONS OF AUTHOR'S RIGHTS.

   35.   Contracts to be in writing.

   36.   Publishing contracts.

   37.   Public performance contracts.

   38.   Broadcasting contracts.

   39.   Voidable contracts.

   40.   Remuneration payable to author.

PART VI
GENERAL PROVISIONS RELATING TO ADMINISTRATION OF COPYRIGHT.

   41.   Registrar of copyright and other officers.

   42.   Functions of the Registrar.

   43.   Registration of rights.

   44.   Users of work to apply for licence.

   45.   Civil remedies.

   46.   Infringements of copyright.

   47.   Offences and penalty.

   48.   Infringement of neighbouring right.

   49.   Offences by body of persons.

   50.   Penalties and compensation.

   51.   Proof of facts.

   52.   Staff of collecting society etc to act as inspector.

   53.   Entry into premises.

   54.   Mode of inspection of premises.

   55.   Inspectors not personally liable.

   56.   Suspension of release by customs authorities.

PART VII
GENERAL PROVISIONS RELATING TO COLLECTING SOCIETIES.

   57.   Collecting societies to be registered.

   58.   Qualifications for registration.

   59.   Conditions for registration.

   60.   Application for registration.

   61.   Registration of a society on probation.

   62.   Indication of probationary registration.

   63.   Cancellation of registration.

   64.   Full registration of society.

   65.   Qualification for membership of a society.

   66.   Address of society.

   67.   Amendment of the articles and rules of a registered society.

   68.   Act etc. to be kept and list of members open for inspection.

Financial Provisions relating to Societies.

   69.   Audit, annual returns and accounts.

   70.   Estimates and expenditure.

   71.   Voluntary amalgamation of societies.

   72.   Investment of funds.

   73.   Provident and benevolent fund.

Supervision of Societies.

   74.   Inspection.

   75.   Ad hoc committee of inquiry.

   76.   Cancellation of registration after inquiry or inspection.

   77.   Cancellation of registration of a collecting society.

   78.   Appointment of liquidator.

PART VIII
GENERAL PROVISIONS.

   79.   Settlement of disputes.

   80.   Remuneration of officers.

   81.   Reciprocal protection.

   82.   Regulations.

   83.   Amendment of Schedules.

PART IX
TRANSITION PROVISIONS.

   84.   Repeal and saving.

   85.   Existing societies.

      First Schedule   Currency point.

      Second Schedule

COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 2006.

Commencement: 4 August, 2006.

   An Act to repeal and replace the Copyright Act, and to provide for the protection of literary, scientific and artistic intellectual works and their neighbouring rights; and to provide for other related matters.

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the Copyright and Neighbouring Rights Act, 2006.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "audio visual fixation" means work consisting of a series of related images which impart the impression motion, with or without accompanying sounds, susceptible of being made visible and where accompanied by sound, susceptible of being audible such as cinema, television or video films;

   "author" means the physical person who created or creates work protected under section 5 and includes a person or authority commissioning work or employing a person making work in the course of employment;

   "braille" means writing of the blind consisting of raised dots which are read by touching;

   "broadcast" has the same meaning assigned to under the Uganda Communications Act;

   "broadcasting company" means a company which—

   (a)   communicates or carries on transmission or broadcasts programmes of sound, video or data intended for simultaneous reception by the public; or

   (b)   provides or supplies audio-visual fixation rental communication or library services;

   (c)   provides services by wire or wireless means in such a way that members of the public access the fixation from a place and at a time individually chosen by them;

   "choreography" means steps and movements of a dance and "choreographic work" includes any form of dance or body movement communication whether in a dramatic form or not;

   "communication to the public" means the operation by which sounds or images or both sounds and images are transmitted to the public whether through broadcast, performance or other means and "public" excludes a family setting or function;

   "computer programme" means a set of instructions expressed in any language, code or notation, intended to cause the device having an information processing capacity to indicate, perform or achieve a particular function, task or result;

   "copy" means a production of a work in a written, recorded or fixation form or in any other material form, but an object shall not be taken to be a copy of an architectural work unless the object is a building or a model;

   "currency point" has the value specified in the First Schedule;

   "derivative work" means work resulting from adaptation, translation or other transformation of an original work but which constitutes an independent creation in itself;

   "economic rights" means the rights specified under section 9;

   "fixation" means the embodiment of images or sound or both images and sound in a material form sufficiently stable or permanent, to permit them to be perceived, reproduced or otherwise communicated through a device during a period of more than transitory duration;

   "literary work" includes—

   (a)   novels, stories or poetic work;

   (b)   plays, stage directions, audio-visual scenarios or broadcasting scripts;

   (c)   textbooks, histories, biographies, essays or articles;

   (d)   encyclopaedias, dictionaries, directories or anthologies;

   (e)   letters, reports or memoranda;

   (f)   lectures, addresses or sermons; and

   (g)   any other work of literature;

   "Minister" means the Minister responsible for justice;

   "moral right" means the right to claim authorship or performance as is provided in sections 10 and 23;

   "moral rights information" means information which identifies the author of the work or performer, the title of the work, the producer of the sound recording or audio-visual fixation, the owner of any right in the work or information about the terms and conditions of use of the work;

   "neighbouring rights" include rights of performing artistes in their performances, rights of producers and music publishers and rights of broadcasting companies in their programmes and others as is provided under Part IV;

   "performance" means the presentation of a work by actions such as dancing, acting, playing, reciting, singing, delivering, declaiming or projecting to listeners or spectators;

   "performer" includes an actor or actress, singer, musician, dancer or other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore;

   "producer" means a person who organises and finances the production of an audio visual fixation or sound recording;

   "pseudonym" means the fictitious name adopted by an author;

   "publication" means the lawful reproduction of a work or of an audio-visual or audio visual sound recording, fixation or of sound recording for availability to the public; and includes public performances and making available of a work on the internet;

   "published" means a work or sound recording, tangible copies of which have been made available to the public in a reasonable quantity for sale, rental, public lending or for other transfer of the ownership or the possession of the copies, provided that, in the case of work the making available to the public took place with the consent of the author or other owner of copyright, and in the case of a sound recording, with the consent in writing of the producer of the phonogram or his or her successor in title;

   "public performance" means a performance of work which is presented to listeners or spectators not restricted to specific persons belonging to a private group and which exceeds the limits or normal domestic representations;

   "programme-carrying signals" means electronically generated carriers transmitting live or recorded material consisting of images, sounds, or both images and sounds in their original, form or any form recognisably derived from the original and emitted to or passing through a satellite situated in extra-territorial space;

   "public place" means any building, or conveyance to which for the time being the public are entitled or permitted to have access, with or without payment which may include cinema, concert, dance or video halls, bars, clubs, sports grounds, holiday resorts, circuses, restaurants, counter vehicles, banks or other commercial establishments;

   "Registrar" means the Registrar of copyright appointed under section 41;

   "reproduction" means the making of one or more copies of a work or sound recording in any manner or form including any permanent or temporary storage of the work or sound recording in electronic form;

   "sound recording" means any exclusively aural fixation of sound in a material carrier such as a tape, disc or other similar material but does not include audio visual work including sound.

3.   Application of the Act.

   This Act applies to any work, including work, created or published before the commencement of this Act, which has not yet fallen into the public domain where the work is—

   (a)   created by a citizen of Uganda or a person resident in Uganda;

   (b)   first published in Uganda, irrespective of the nationality or residence of the author;

   (c)   created by a person who is a national of or resident in a country referred to in section 81; or

   (d)   first published in a country referred to in section 81.

PART II
COPYRIGHT PROTECTION AND RIGHTS.

4.   Author entitled to copyright protection.

   (1) The author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created.

   (2) The protection of the author's work under subsection (1) shall not be subject to any formality.

   (3) For the purpose of this section, a work is original if it is the product of the independent efforts of the author.

5.   Work eligible for copyright.

   (1) The following literary, scientific and artistic works are eligible for copyright—

   (a)   articles, books, pamphlets, lectures, addresses, sermons and other works of a similar nature;

   (b)   dramatic, dramatic-musical and musical works;

   (c)   audio-visual works and sound recording, including cinematographic works and other work of a similar nature;

   (d)   choreographic works and pantomimes;

   (e)   computer programmes and electronic data banks and other accompanying materials;

   (f)   works of drawing, painting, photography, typography, mosaic, architecture, sculpture, engraving, lithography and tapestry;

   (g)   works of applied art, whether handicraft or produced on industrial scale, and works of all types of designing;

   (h)   illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science;

   (i)   derivative work which by selection and arrangement of its content, constitute original work;

   (j)   any other work in the field of literature, traditional folklore and knowledge, science and art in whatever manner delivered, known or to be known in the future.

   (2) Derivative works such as—

   (a)   translations, adaptations and other transformations of pre-existing works under subsection (1); and

   (b)   collections of pre-existing works like encyclopaedia and anthologies;

which by selection and arrangement of their contents constitute original works, shall be protected under this Act as original works.

   (3) The protection of a derivative work under subsection (2) shall not affect the protection of the pre-existing work used by a person for derivation purposes.

6.   Ideas not protected.

   Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.

7.   Public benefit works not protected.

   (1) The right to protection of copyrights under this Act shall not extend to the following works—

   (a)   an enactment including an Act, Statute, Decree, statutory instruments or other law made by the Legislature or other authorised body;

   (b)   decree, order or other decision by a court of law for the administration of justice and any official translations from them;

   (c)   a report made by a committee or commission of inquiry appointed by Government or any agency of Government;

   (d)   news of the day namely reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.

   (2) The Government shall be the trustee for the public benefit of the works specified in subsection (1).

8.   Employed authors and works for Government or international bodies.

   (1) Where a person creates a work—

   (a)   in the course of employment by another person;

   (b)   on commission by another person or body;

then in the absence of a contract to the contrary, the copyright in respect of that work shall vest in the employer or the person or body that commissioned the work.

   (2) Where a person creates work under the direction or control of the Government or a prescribed international body, unless agreed otherwise, the copyright in respect of that work shall vest in the Government or international body.

   (3) Vesting of copyright referred to in (1) and (2) above shall apply only to work created within the stipulated schedule of work of an employee.

   (4) The moral right in a work made under this section shall always remain with the actual author of the work.

9.   Economic rights of author.

   The owner of a protected work shall have, in relation to that work, the exclusive right to do or authorise other persons to do the following—

   (a)   to publish, produce or reproduce the work;

   (b)   to distribute or make available to the public the original or copies of the work through sale or other means of transfer of ownership;

   (c)   to perform the work in public;

   (d)   to broadcast the work;

   (e)   to communicate the work to the public by wire or wireless means or through any known means or means to be known in the future, including making the work available to the public through the internet or in such a way that members of the public may access the work from a place and at a time individually chosen by them;

   (f)   where the work is a pre-existing work, to make a derivative work;

   (g)   to commercially rent or sell the original or copies of the work;

   (h)   to do, in relation to that work any act known or to be known in the future;

   (i)   to reproduce transcription into braille which is accessible to blind persons.

10.   Moral rights of author.

   (1) The author of any work protected by copyright shall have a moral right—

   (a)   to claim authorship of that work, except where the work is included incidentally or accidentally in reporting current events by means of media or other means;

   (b)   to have the author's name or pseudonym mentioned or acknowledged each time the work is used or whenever any of the acts under section 9 is done in relation to that work, except where it is not practicable to do so; and

   (c)   to object to, and seek relief in connection with any distortion, mutilation, alteration or modification of the work.

   (2) The author of a work has a right to withdraw the work from circulation if it no longer reflects the author's convictions or intellectual concepts; and if the author does so, shall indemnify any authorised user of that work who might, in any material way, be affected by the withdrawal.

   (3) The moral right under subsection (1) is not assignable to any person, except for purposes of its enforcement.

11.   Co-author's right.

   Where work is created by more than one person and no particular part of the work is identified to have been made by each person, such that the work is indistinguishable, all the authors shall be co-owners of the economic rights and the moral rights relating to that work and the co-owners shall have equal rights in that work.

12.   Fine art works to have inalienable right in proceeds of sale.

   (1) The author of an applied or fine art work shall have an inalienable right to share in the proceeds of each sale of that work by public auction, through a dealer or by whatever means.

   (2) The right to share in the proceeds referred to in subsection (1) shall not include auction for fundraising purposes.

PART III
DURATION OF COPYRIGHT AND AUTHORISED USES OF PROTECTED WORKS.

13.   Duration of copyright protection.

   (1) The economic rights of an author in relation to a work are protected during the life of the author and 50 years after the death of the author.

   (2) The economic rights of the author where the work is of joint authorship, are protected during the life of the last surviving author and 50 years after the death of the last surviving author.

   (3) Where the economic rights in a work are owned by a corporation or other body, the term of protection shall be 50 years from the date of the first publication of the work.

   (4) Where the work is published anonymously or under a pseudonym, the economic rights of the author are protected for a term of 50 years from the date of its first publication; but where before the expiration of the 50 years the identity of the author is known or is no longer in doubt the economic right shall be protected during the lifetime of the author and 50 years after the death of that author.

   (5) In the case of audio-visual work, sound recording or broadcast, the economic rights of the author are protected until the expiration of 50 years commencing from the date of making the work or from the date the work is made available to the public with

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