CHAPTER 406 - COPYRIGHT AND PERFORMANCE RIGHTS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Copyright and Performance Rights (Fees and Charges) Regulations

Copyright and Performance Rights (Hologram) Regulations

COPYRIGHT AND PERFORMANCE RIGHTS (FEES AND CHARGES) REGULATIONS

[Section 57]

Arrangement of Regulations

Regulations

   1.   Title

   2.   Fees and charges on imported unrecorded musical cassettes and audio visual materials

SI 194 of 1996.

1.   Title

These Regulations may be cited as the Copyright and Performance Rights (Fees and Charges) Regulations, 1996.

2.   Fees and charges on imported unrecorded musical cassettes and audio visual materials

There shall be paid on importation of every unrecorded musical cassette or audio visual material a fee and charge of ten per centum of the value of the unrecorded cassette or audio visual material.

COPYRIGHT AND PERFORMANCE RIGHTS (HOLOGRAM) REGULATIONS, 2013

[Section 57]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulations

   1.   Title and commencement

   2.   Interpretation

   3.   Affixation of holograms to sound recording and cinematographic work

   4.   Accreditation of producer and importer

   5.   Electronic depository of application

   6.   Cancellation of accreditation   

   7.   Import of cinematographic work or sound recordings

   8.   Track and trace system

   9.   Accounts and other records

   10.   Appeals

   11.   Fees

      FIRST SCHEDULES

      SECOND SCHEDULE

SI 100 of 2013.

1.   Title and commencement

These Regulations may be cited as the Copyright and Performance Rights (Hologram) Regulations, 2013, and shall come into operation on 16th September, 2013.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

"audiovisual work" has the meaning assigned to it in the Act;

"cinematographic works" includes work related to motion picture photography and development of a film;

"Committee" has the meaning assigned to it in the Act;

"hologram" means a security device affixed on audio visual work offered for sale, rental or distributed for commercial purposes within the Republic;

"importer" means a person who imports sound recordings and cinematographic works; and

"producer" means a person who produces, publishes and distributes sound recordings and cinematographic works.

3.   Affixation of holograms to sound recording and cinematographic work

   (1)    A person shall not sell, rent, hire, lend or distribute for public or commercial purposes within the Republic, a sound recording or cinematographic work which does not have a hologram affixed to it.

   (2)    A sound recording or cinematographic work which does not have a hologram affixed to it shall be treated as an infringing copy of the original work.

   (3) A person who contravenes sub-regulation (1) commits an offence and is liable–

      (a)   upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding one year, or to both; and

      (b)   in the case of a continuing offence, to an additional penalty not exceeding twenty-five penalty units in respect of each day on which the offence continues.

4.   Accreditation of producer and importer

   (1) An importer or a producer of sound recordings or cinematographic works shall, for the purposes of procuring a hologram device, apply to the Registrar for accreditation in Form I set out .in the First Schedule.

   (2) The Registrar shall, within thirty days of receipt of an application under sub-regulation (1), and in consultation with the Committee–

      (a)   approve the application, if the applicant meets the requirements of the Act and these Regulations; or

      (b)   reject the application, if the applicant does not meet the requirements of the Act and these Regulations.

   (3) The Registrar shall, within seven days of approval of an application, issue an accreditation certificate in Form II set out in the First Schedule.

   (4)The Registrar shall, within seven days of rejecting an application, inform the applicant of the rejection in Form III set out in the First Schedule.

   (5)The Registrar shall, where further information in relation to an application for accreditation is required, notify the applicant in Form IV set out in the First Schedule.

5.   Electronic depository of application

The Registrar shall cause an electronic depository to be maintained of every application made under these Regulations.

6.   Cancellation of accreditation   

   (1)      The Registrar shall cancel the accreditation of an importer or producer if the importer or producer contravenes the provisions of the Act or any other written law.

   (2)      The Registrar shall, in consultation with the Committee, before cancelling the accreditation of an importer or producer under sub-regulation (1), notify the importer or producer of the intention to cancel the accreditation in Form V set out in the First Schedule.

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