Copyrights Law in Zambia
Certainly! Here’s an overview of Copyright Law in Zambia:
Copyright Law in Zambia
Legal Framework
The principal legislation is the Copyright and Performance Rights Act, Chapter 406 of the Laws of Zambia, first enacted in 1994 and amended over time.
Zambia is a member of international copyright treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty
Rome Convention
TRIPS Agreement (via WTO membership)
Subject Matter Protected
Copyright protects original works including:
Literary works (books, articles, computer software)
Musical works and lyrics
Artistic works (paintings, drawings, photographs, sculptures)
Cinematographic works and audiovisual productions
Sound recordings and broadcasts
Rights Granted
Economic rights: Exclusive rights to reproduce, distribute, publicly perform, broadcast, and adapt the work.
Moral rights: Right to claim authorship and object to derogatory treatment of the work.
These rights can be assigned, licensed, or transferred.
Duration of Protection
Copyright lasts for the life of the author plus 50 years after death.
For cinematographic works, sound recordings, and broadcasts, protection is for 50 years from publication or fixation.
Anonymous or pseudonymous works are protected for 50 years from publication.
Exceptions and Limitations
The law provides exceptions for:
Private use and research
Quotation for criticism or review
Use in education and libraries
Judicial proceedings
These exceptions are limited to ensure fair balance between authors’ rights and public interest.
Enforcement
Infringement can lead to civil remedies such as damages, injunctions, and seizure of infringing copies.
Criminal penalties apply to willful commercial infringement and can include fines and imprisonment.
The Patents and Companies Registration Agency (PACRA) oversees enforcement and registration activities.
Registration
Copyright protection arises automatically upon creation.
Registration is not mandatory but can assist in enforcement by providing evidence of ownership.
RELATED Blog
0 comments