Copyrights Law in Malawi
Sure! Here’s an overview of Copyright Law in Malawi:
Copyright Law in Malawi
1. Governing Legislation
The primary law governing copyright in Malawi is the Copyright Act, 2016 (Cap. 69:01).
It replaced the earlier Copyright Act of 1989 and brought Malawi’s copyright framework in line with international standards.
2. Protected Works
The Copyright Act protects original works of authorship including:
Literary works (books, articles, poems)
Musical works
Artistic works (paintings, sculptures, drawings)
Cinematographic films and sound recordings
Broadcasts
Computer programs/software
Architectural works
3. Duration of Copyright Protection
Generally: Life of the author plus 50 years after death.
For anonymous or pseudonymous works: 50 years from date of publication.
For cinematographic films, sound recordings, broadcasts: 50 years from the date of publication or fixation.
For photographic works: 25 years from creation (this is specific to Malawi).
4. Rights Granted
Moral Rights: Right to be identified as the author, and the right to object to derogatory treatment of the work.
Economic Rights: Include the right to reproduce, distribute, perform, broadcast, adapt, and communicate the work to the public.
5. Limitations and Exceptions
Malawi law allows exceptions for:
Fair use in private study, research, criticism, or review
Use in educational institutions
News reporting
Use by libraries and archives under certain conditions
Incidental inclusion in other works
6. Administration and Enforcement
The Registrar of Copyrights administers copyright registration and enforcement.
Infringement can result in:
Civil remedies such as injunctions and damages
Criminal penalties including fines and imprisonment for severe violations
7. International Treaties
Malawi is a party to:
The Berne Convention for the Protection of Literary and Artistic Works
The WIPO Copyright Treaty
The TRIPS Agreement under the World Trade Organization (WTO)
This ensures protection of works across borders and reciprocity with other member countries.
RELATED Blog
0 comments