WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/NllIZWE/C/l 
13 February 2002 
(02-0739) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the textl of the Copyright and Neighbouring Rights Bill, 
2000, as notified by Zimbabwe under Article 63.2 of the Agreement (see document IP/NI1IZWE/2). 
ConseH des aspects des droits de propriete 
inteHectuelle qui touchent an commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTE.LLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ZIMBABWE 
Le present document contient le textel du projet de loi sur le droit d'auteur et les droits 
voisins, 2000, notifi6 par le Zimbabwe au titre de l'article 63:2 de l'Accord (voir le document 
IPINllIZWE/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
IntcIectual rdadonados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
ZIMBABWE 
En et presente documento se reproduce el textol del proyecto de ley de derecho de aut~r y 
derechos conexos de 2000, notificado par Zimbabwe de conformidad con 10 dispuesto en el parrafo 2 
del articulo 63 del Acuerdo (v6ase el documento IPINIlIZWE/2). 
1 In English only.lEn anglais seulement.!En ingles solamente. IZWE/C/1 
Page :2 
COPYRIGHT AND NEIGHBOURING RIGHTS BILL, 2000 
MEMORANDUM 
The Copyright Act (Chapter 26:0 T] came into operati011 in ] 967. Since then, techno­
logical developments such as the widespread use of photocopiers, audio-;lnd video­
recorders and computers have made several of its provisions obsolete or inadequate. 
FUl1hcrmore, the Act does not reflect impcrtant developments inintemational lmv such as 
the 1971 revision of the Berne Convention on copyright and Ihc Agreement on Trade­
Related Aspects of Intellectual Property Rights (the ''TRIPS Agreement"). This Bill win 
therefore replace the Act with a new one which will tale account of these developments in 
technology and fulfil Zimbabwe's obligations under the Beme Convention and the TRIPS 
Agreement. 
In more detail, the individual clauses of the Bill provide as follows: 
Part I 
This Pan deals with preliminary matters, mostly ones of interpretation. 
Clause 1 sets out the Bin's short title andwilI give the President power to bring 
different provisions into operation on different dates. 
Clause 2 defines terms that are used throughout the Bil1. The various works that are 
protected by copyright under the Bm are: literary works (defined as written works regard­
less of their literary quality, and including works such as computer programs that are writ­
ten in electronic form); musical works (i.e. works consisting of music, but excluding words 
that are sung to masic); artistic works (i.e. drawings of all kinds, photographs and sculp­
tures, regardless of their artistic quality, as well as buildings and structures); audio-visual 
works (i.e. all recorded moving images together with associated sounds); sound record­
ings (Le. music and other sounds recorded on any recording medium); broadcasts; pro­
gramme-carrying signals (i.e. satellite transmissions) and published editions (Le. collec~ 
tions of literary works). All these expressions are defined in clause 2. 
Clause 3 will define what is meant by "publication", which is important in the law 
of copyright, firstly because the tern} of copyright starts to run when a work is published 
and, secondly, because publication of a work infringes copyright if it is done without the 
author's consent. In essence publication of a \-vork involves making it available to the 
public, but subdauses (2) to (4) of clause 3 will make it clear what does and what does not 
amount to publication for different classes of work. 
Clause 4-will clmify what is meant by making a \vork, while c1m.lse j will explain 
""vhat is meant by the "owner" of copyright \-vhen different aspects of copyright are vested 
in different persons or when copyright is jointly owned. 
Clause 6 will indicate who is deemed to be the person responsible for publishing (i.e. 
transmitting) programmes over a broadcasting or cable programme service. 
By vIrtue of clause 7, references to v'lorks throughout the Bill wil} be deemed to 
include adaptations of the works or substantial parts· of the works. 
Finally, under clause 8 the Bill will bind the State; 
will have to respect the copyright of private citizens. effect of this is that the State Part 1I fP INII IZWE/C/1 
Page 3 
Clause 9 explains what copyright is and. in subclause (2), indicates v;rhen it. wil! 
subsist in a work. Briefly, under clause 10 all literary, musical anJ artistic works, audio-: 
visual works, sound recordings, broadcasts, programme-carrying signals and published 
editions will ~e eligible for copyright if they are original works and have been reduced to 
writing or other material form; but they will not be eligible if they are excluded by subdauses 
(5) 10 (6 )--that is, if they are HC \vs items, Of political or Lm::flsic speeches, Of official 
documents ~;tlch as ACiS of Parli!l;nent, Bills and judicial decisions. Works of folklore will 
not be eligihle for copyright since they have lwknov;n Lluthor.Dut they will he protected 
separately under Pan vm the Bill. 
Copyright wiil vest in an eligible 'Nork if anyone of three conditions is meL: first. 
if the work. '5 author is a citizen or resident et' Zimbabwe or a designmed country (i.C'. a 
country designated by the Minister in regulations) or, in the case of :l body corporate, 
incorporated in Zimbabwe or ;) d::signated country (clause .1;); secondly, if the work 
wac; first published in Zi.mbahwe or a designated country (clause 12); or, thirdly, if the 
work is made under the directi(ll1 of the State or an international organisation designated 
by lhe Mir:1ster in regulatlons (clause 13). If anyone of tb.05e conditions is met, corY­
right will subsist in the work and, under clause 14 in most cases it vv'ill vest in the 
\vorJ.:'s author unless it fall::; within one of;j~e excepIion.;; listed in subc!auses (1) to \)f 
clause 1 .. \. 
Once vested, copyright will l:1st Cor fjfty years from the date on ,vhil:h the work 
cPllccmed was made or publisht>d, in the case of an at.:dio-visual work, Cl photograp~, a 
COillpulcr program, a s()und reconliHg, a broadca:,t, a programme-cmTying signal or a puh­
lish,:d edition; .:.md in ::my other case win L)f the author's lifetin~e and fifty yem's after 
his death. S~:e clause J 5. 
The effect of clause 16 is that copyright in an origina1 work \vill continue 10 exist 
l~vcn if the work is adapted or incoqx)r:ltcd into anothcr work; similarly, rights in wc,rks of 
folklore will continue even if tbey ;'!fC incorporated imo:l copyright \vork. 
Clauses! 7 to :23 \viH set out the scope of copyright in the various types of work: that 
is to say, the clauses will set out acts that arc restricted to the person in VI/horn the copyright 
is vested \ c .. dleJ the "o\ll/ner" of the copyright in the Bill l, the things that cam,ot be done 
vvill! the work unless he has given his consent. Genemliy, these rc<;tricled acts ;.tre: copying 
the work. publishing it, importing or exponing it for cCI!:l.mcrcial purposes, pcrffmning it 
(in the case of dramatic v,'orksl, broadcastillg it, transmitting it through a cable pwgrammc 
scnice, or adapting it. In L1;c case of computer prograrns, audio-visual works and sound 
recordings, selling or hiring then! are also re:-tricled acts (see clauses 17(h), 19(9) and 
20(b)). 
Part III 
This Pa;·t sets out the things that may be done with copyright works without 
infringing copyright-that without [he need to obtain the permission of the owner of 
the' wp)Tight. 
Under clause fair dealing for research or private study vv'iH be aJJovved, but the 
production of multiple copies of a work will not amount to I'Dir dealing for the purpose of 
the clause (see subdause (2)). TP/NllIZWE/C!1 
Page 4 
Educational use of copyrighr work:; i~ dealt with ::1 clause 25. Under the clause, 
works may he llsed for illustrative purposes ill teaching (subdause (1») or in setting exami­
nation questions {snbclause (2)) or, to a limited extent, may be excerpted in textbooks 
{subcJause (3)). Plays may be performed by educational ,institutions, and audio-visual 
works shO\vn or records pbyed by them for purposes of instructkm, though publk per­
form:mccs or showings may not be given (subclauscs (4) and (5). Copies of works may be 
made by photocopying or cyclostyling means for edllcatjonal purposes, so long as there is 
no licence scheme available uuthorjsing such copying and the copying does not exceed 
pr~scrib;:~J limits (subcbuse (7). Any use or a work under clause 25 wm have to remain 
within rca"onable limits (subdau<.:c (8»). 
Libr<ll'ies and archives vi,ill be permitted to copy works to repair or replace damaged 
or lost copies In t~kir (olicctiom. so long as it is not reasonably practicable for them to buy 
another copy of th'2 v\'urks concerned: clause 26. 
The use of anonymous or pseudonymous works, at a time when it is reasonahle to 
suppose that the copyright them expired, will be permitted by clause 27. 
Clause 28 will permit the use of any copyright work for the purposes of Parl iamen­
tary proceedings, legal proceedings and commissions of inquiry or similar statutory inquir­
Ies. 
Limited use of copyright maLeliul will be permitted by clause 29 for the purpose of 
criticism, review and news reporting. The rc-broadcasting of sporting events under the 
guise of news reporting will not be pennitted, however: sce subclause (2). In similar vein, 
clause 30 will allow public speeches and articles of topical interest to be published for the 
purpose of public infonnation. 
Clause 31 will permit reasonable quotations to be made from copyright \vork, so 
long as the quotations arc compatible with fair pracLice and their source is acknowledged. 
Plagiarism will not be permitted. 
Clause 32 will allow limited extracts from published literary works to be read or 
recited in public or broadcast. 
Clause 33 will make it dear that the copyright in an audio-visual work is separate 
from copyright in the work's sound-track, so the playing of a record of a film's sound-track 
wi1lnot infringe copyright in the film (though in certain circumstances it may inflinge 
copyright in the sound-track). 
Reconstructing a damaged or destroyed building \Nil] not jnfringe copyright in the 
original building: clause 34. 
Copyright in works of art situated in a public place (for example. statues and sculp­
tures in a street or public square) will not be infringed by pictures or photographs of the 
works of art, or by small-scale models made of them: clause 35. 
, 
If a picture, photograph, audio-visual work or broadcast includes a copyright \-\lork 
incident::.Uy (for example, if the background of a photograph shows a picture hanging on a 
wall), copYlight in the '.vork that is so induded will not be infringed: clause 36. IP/N/UZWE/CIl 
Page 5 
Clause 37 will allow broadcasters to make "ephemeral recordings" incorporating 
copydght material: that is, it wm allow them to pre-record programmes containing copy­
right material so that the programmes may be broadcast later. The recDrdings will bave to 
be destroyed within six months, however, unless they are of exceptional documentary value. 
Clause 38 will aJ1o\v works of art to be reproduced in the course of promoting their 
s~le: for example, a catalogue advertising a ~;aJe of pictures may reproduce one or more of 
the pictures to be sold. 
Under clause 39, dealers in radios, tekvi:-.ions. recorders and computers ;;viII be 
allowed to use copyright material for the purpose of demonstrating their wares. 
Clause 40 will allow computer programs to be reproduced for back-up purposes (i.e. 
to enable the user: to have a spare copy in case the O1iginal disk containing the program is 
lost or damaged), or to COITcct en-ors in it, or to "decompik" it (i.e. to convert it to a 
different programming language to enable it to operate in conjunction with other programs), 
or to test it, or for any other legitimate purpose. Any copies so made wiil have to be 
destroyed when the person who made them ceases to own the program concerned. 
Clauses 41 and 42 will deal with private copying for limited purposes. Under 
clause 41, the common practice of recording programmes so that they can be viewed or 
listened to later 'will be permitted, and under clause 42 it will be permissible to copy 
musical works and sound recordings for the private use of the copier or his family. Cop­
ies made under these clauses will have to be used only for the purposes for which they 
were made, and it will not be permissible to distrihute them generally or to play them in 
public. 
Finally, clause 43 will allow any dealing in a copyright work that is specifically 
authorised by or under an Act of Parliament, and clause.44 will allow the Minister of 
Justice, Legal and Parliamentary Affairs to make regulations permitting the reasonable 
use of copyright material, so long as that use does not unreasonably prejudice copyright 
owners and is in conformity with Zimbabwe's international obligations. 
Part IV 
This Part deals with the transfer of copyright from one person to another. 
Copyright will be transmissible, firstly, by assignment under clause 46. The effect of 
an assignment under this clause will be that the assignor (i.e. the owner of copyright) will 
divest himself of the rights which he assigns to the other party (the assignee), and while the 
assignment lasts he will not be able to exercise them himself Any assignment under the 
clmlse will have to be made in writing and may be registered under Part XI of the Bill: see 
subclauses (3) and (5). 
Copyright will also be transmissible by will under clause 47, and in this regard the 
clause will provide that a bequest of an unpublished work will be construed, in the absence 
of a contrary indication, as a bequest of copyright in the work. 
Copyright will also be transmitted by operation of law: see clause 48, which will 
make it clear that upon the liquidation, insolvency or death of an owner of copyright, the 
copyright will vest in his liquidator, trustee or executor. IPIN/1/ZWEICIl 
Page 6 
Under clause 49 it wm be possible for owners of copyright to grant licences author­
ising other people to copy, use or deal in the works concerned. Licences under the clause· 
wm be either exclusive, that is to say, giving the licence-holder the sole right to exercise 
the rights confen-ed by the licence, or non-exclusive, in which event several people may be 
authorised to exercise the same rights. Exclusive licences will have to be granted in writ­
ing (clause 48(3)), but non-exclusive licences may be oral or even tacit (clause 48(5). All 
licences will be registrable under Part XI of the Bm (clause 48(6)). Clause 50 will make it 
clear that future copyright (i.e. copyright in works that have not been completed) will also 
be transmissible. 
Part ,,: 
This Part will deal with infringement of copyright and the remedies available to 
owners of copyright against persons who infringe it (and in this regard it should be noted 
that the term "owner" is defined in clause 2 to include an assignee, in relation to the rights 
held by him under the assignment). ' 
Clause 51 sets out the acts that will constitute infringement of copyright in various 
classes of work. GeneraHy speaking, doing something which the Bin reserves exclusively 
to a copyright owner will constitute infringement of copyright unless the copyright owner 
has authorised it to be done (clause 51(1»; and making, importing, exporting or dealing in 
an article that is specificaUy designed to make copies of a copyright work will also consti­
tute an infringement of the work (clause 51(2)(b), as will transrrutting a work over a public 
computer network such as the Internet (clause 51 (3») or performing a literary or musical 
work in public (clause 50(4)). 
Under clause 52 an owner whose copyright has been infringed will be entitled to any 
of the following remedies: damages, an interdict (i.e. an order stopping the infringement), 
the giving of an account for any protlts arising from infringement, or an order for the 
handing over of infringing copies or anything used to make infringing copies; and these 
rights and remedies may also be exercised by an exclusive licensee: clause 53. The Intel­
lectual Property Tribunal will have jurisdiction to hear proceedings for infringement, as 
will the High Court and magistrates courts (clause 54), though the Tribunal will not have 
criminal jurisdiction. In addition, the Minister will have power under clause 135 to give 
the Registrar (i.e. the Controller of Copyright or one of his subordinates) powers to deal 
with disputes over copyright. The damages claimable for infringement of copyright are 
dealt with in clause 55, and they may be calculated on the amount of royalty lost to the 
copyright owner (subc1ause (1» or they may be awarded on a punitive basis (subclause 
(3). Damages will not be awarded for innocent infringement, however: see clause 55(4). 
Under clause 56 neither the Tribunal nor a court will be entitled to issue an interdict pre­
venting the completion of a half-constructed building, nor to require the demolition of a 
building that has been constructed. Under clause 57 the Tribunal anda court will be given 
jurisdiction to issue what are known as "Anton Piller': orders, that is, orders granted with­
out notice for the purpose of preventing the destruction or hiding of evidence to defeat a 
plaintiff's claim. An these remedies will be reinforced by clause 58, which will give a 
copyright owner (or an assignee or exclusive licensee) the same rights in regard to infring­
ing copies of his work as he would have enjoyed if he owned them. 
Clause 59 will make copyright infringement a criminal offence in certain cases. A 
person will not be guilty of an offence under the clause, however, unless he knew or had 
reason to believe that his conduct amounted to an infringement of copyright. TPINIl 
Page 7 
Finally, clause 60 will give a copyright owner the right to require the Director of 
Customs and Excise to stop the importation into or exportation from Zimbabwe of infring­
ing copies of a work for up to ten working days, pending an order from the Intellectual 
Property Tribunal or a court requiring a permanent embargo on such imports or exports. 
Part VI 
. This Part deals with what ani called "moral rights"; that is, rights which relate to the 
use of copyright works but which are distinct from copyright. 
Clauses 61, 62 and 63 deal with an author's right to be identified as the author of his 
work or, ifhe so wishes, not to be identified as the author (clause 63). Under clause 61 an 
author will have the light, for so long as copylight subsists in his work, to insist on being 
identified as its author whenever his work is published, performed or shown in public. The 
right will r.~! be exercisable in the circumstances described in clause 62: for example, 
authors of computer programs, news reports and articles in magazines and encyclopaedias 
will not have the right, nor will empJoyees if copyright in their work is held by their 
employers. Conversely, under clause 63 authors and directors will have the right not to be 
identified whenever their works are published or shown in public. 
Clause 64 will give authors the right to object to derogatory treatment of their work, 
that is to say, the right to object to alterations in their work which amount to distortion or 
mutilation of the work or which prejudice their reputations. There will be exceptions to 
this right: for example, an architect will not be entitled to object to alterations made to his 
building after it has been built, and an author will not be entitled to object to alterations to 
his work that are technically necessary, and magazine and newspaper editors wiH have a 
right to alter their correspondents' copy. 
Clause 65 will give persons who commi$sion photographs and audio-visual works 
for private purposes the right to prevent copies being published. This will apply, for exam­
ple, where a,couple commissions a commercial photographer to take photographs of their 
wedding: the photographer will not be entitled to exhibit or publish their photographs 
without their permission. 
By virtue of clause 66, moral rights will be personal to the author m" director in whom 
they vest for so long as he is alive, though they may be transmitted after his death. 
Under clause 67, moral rights will be enforceable in the same way as copyright. 
Part VU 
This PaIt deals with the right of performers to prevent the recording of their perform­
ances and to receive equitable remuneration for such recordings; the Part also deals with 
the rights of persons who have exclusive rights to record performances. JP INllIZWE/CIl 
Page 8 
Under clause 69 the Part will have the same field of application as the rest of the Bill in 
relation to copyright: it will appJy to performances given in Zimbabwe or a country 
designated by the Minister, or given by nationals or residents of Zimbabwe or a desig­
nated country, as well as to performances in which such a national or resident has exclu­
sive recording rights. These perfonnancesare called "qualifying performances" in the 
Part. Clause 70 will give a performer the right to prevent anyone from recording a 
qualifying performance without his permission or from knowingly exploiting an illicit 
recording of such a performance, while clause 71 will require performers or artistes to be 
given some remuneration if recordings of their performances are published or played. 
Clause 72 will give a person who has exclusive rights to record a qualifying performance 
the same right as the performer to prevent the illicit recording of the performance. Limi­
tations on the rights of performers or holders of exclusive recording rights will be gener­
any the same as the limitations on copyright set out in Part III (clause 73), and the Intel­
lectual Property Tribunal will have power to give consent on behalf of a performer to the 
recording of a qualifying pelformance if the performer withholds his consent unreason- , 
ably (clause 74). The rights conferred by this Part will last for 50 years from the year of 
the pelformance concerned (clause 75). Performers' rights under the Part will remain 
personal to the performers concerned, though they will pass to their heirs or beneficiar­
ies on the performers' death (clause 76( 1)). The rights of holders of exclusive recording 
rights will be transferable in the same way as copyright (clause 76(2». Both forms of 
rights will be enforceable in the same way as copyright (clause 77) and, as in addition, 
clause 78 will make it an offence for anyone to breach the rights knowingly. Finally, 
clause 79 will make it clear that rights under the Part will be additional to any other 
rights conferred by the Bill. 
Part Vll! 
Copyright cannot generally subsist in folklore because, from its nature, no individual 
person can be identified as its author. Consequently, this Part deals separately with the 
exploitation of works of folklore. 
Clause 81 will empower the Minister of Justice, Legal and Parliamentary Affairs to 
publish notices in the Gazette reserving to the President the right to authorise the exploita­
tion of \\lorks of folklore which are traditional to all indigenous communities in Zimbabwe, 
and reserving to local authorities the right to exploit folklore that is particular to the com­
munities within their areas of jurisdiction. Before publishing such a notice, the Minister 
will have to advertise his intention to do so and will have to consider any objections 
that may be lodged in response to the advertisement see subc1auses (2), (3) and (4) of 
clause 81. 
A reservation under clause 81 will prevent the unrestricted exploitation of the 
reserved work of folklore concerned except by a museum, library, art ganery or similar 
institution in Zimbabwe or by a Zimbabwean citizen (where the work has been reserved 
to the President) or a member of the indigenous community concerned (where the work 
j 
has been reserved to a local authority): see clause 82. Furthermore, under clause 83 the 
Minister or a local authority in whose favour a work of folklore has been reserved will be 
able to prevent the importation or exportation of infringing copies in the same way as if 
they held copyright in the work. Certain acts will, however, be allowed: clause 84 will 
permit the same things to be done with reserved works of folklore as will be permitted 
under Part HI of the Bill in regard to copyright works. l/ZWE!Cfl 
Page 9 
The Minister or local authority concerned will have power under clause 85 to grant a 
licence to anyone authorising the exploitation of a reserved work of folklore, and the right 
to issue such licences may be delegated to a museum, library, art gallery or similar institu­
tion: see clause 82(4). Licences will have to be registered under Part XI of the Bill: see 
clause 85(3). Anyone aggrieved by a decision to reserve a work of folklore or by a 
refusal to issue a licence will be able to appeal to the Intellectual Property Tribunal under 
clause 86. 
Part IX 
This Part will establish the Copyright Office and the Copyright Register (clauses 87 
and 88). Details of all rights and other matters that must or may be registered under the Bill 
will be recorded in the Register, though the Registrar will be pennitted to keep different 
registers for different rights (clause 88). The Part will also establish the post of Controller 
of Copyright, who will be assisted by registrars, examiners and other offIcers referred to in 
clause 89. The Controller and his officers (referred to collectively as "the Registrar" in 
Bill) will be responsible for registering collecting societies and rights under Parts X and XI 
of the Bill and dealing with licensing matters under Pan XII. The Copyright Office will 
have a seal to authenticate documents issued by it under the Bill: clause 90. 
Part X 
This Part deals with the registration of collecting societies, that is societies formed to 
manage copyright and associated rights on behalf of authors and other copyright owners, 
and to collect royalties on their behalf. The term "collecting society" is defined in clause 2 
6f the Bill. 
Under clause 91 all collecting societies will have to be registered, and no one 
will be allowed to act on behalf of an unregistered society unless it is a foreign society 
and the person acting on its behalf does so as an employee or officer of a registered 
society. 
Applications for the registration of collecting societies will be made to the Registrar 
under clause 92. The Registrar will accept an application if he is satisfied that the society 
is controlled by Zimbabweans, that it has a reasonable representation of authors, artistes or 
performers on its committee, and that it will be able to represent a substantial number of 
copyright owners and enforce their rights (clause 92(3)). Once the Registrar has accepted 
an application it will be advertised and dealt with in the same way as applications for 
registrations for rights under Part XI of the Bill (see clause 95). Registration of a collecting 
society will last indefinitely (clause 93), though the Registrar will have power under clause 
94 to cancel its registration if the society contravenes the Act or has ceased to' carry out the 
functions for which it was registered. 
Part Xl 
This Part will allow registration of the rights of owners of copyright in audio-visual 
works, computer programs and such other works as may be prescribed in regulations (they 
are called "registrable works" throughout the Part), as well as assignments and licences 
granted under the Bill. Clause 97(2) w111 make it clear that registration will not create 
copyright, or any other right: it will simply assist the tight-holder to prove his rights-and, 
hence, will assist in combating infringements of copyright. IP/NII IZWE/C/l 
Page 10 
The procedure for registration will be much the same as for the registration of pat­
ents. Applications under clause 98 will be made to the Registrar, who will have to satisfy 
himself as to the matters set out in subclauses (3) and (4) before accepting an application. 
Ifhe accepts an application it will be advertised in terms of clause 99 and, if any objections 
are lodged in response to the advertisement, the Registrar will have to determine the issues 
arising out of the objections and decide whether or not to register the right concerned 
(clauses 100 and 101). Registration will be effective from the date on which the applica­
tion for its registration was lodged: clause 102. 
The Registrar will have power to allow applications and documents to be amended 
and to receive evidence by affidavit or orally for the purposes of deciding any application, ' 
and will generally have the same powers as a commissioner under the Commissions of 
Inquiry Act [Chapter 10:07]. See clauses 103 and 104. In all proceedings before him, he 
will have to ensure that interested parties are given a reasonable opportunity to rnake rep­
resentations: clause 105. 
Both the Registrar and the Intellectual Property Tribunal wm have power under clauses 
106 and 107 to correct errors in the Register and ensure it is kept up to date. 
Under clause 108 the Registrar will be obliged to issue copies of entries in the 
Register, authenticated with his seal, to persons who request them and pay the appropriate 
fee. The Registrar will have the right to appear before the Tribunal or a court in matters 
relating to the Register (clause 109); this will be in addition to his power under clause 127 
to issue certificates as to matters relating .to copyright and proceedings before him. 
Clause 110 will make it an offence for anyone knowingiy to make a false entry in the 
Register, or to submit false document; to Registrar, or to secure registration of a right 
through a false statement. 
Part XlI 
Conecting societies, whether registered or not, have considerable powers in regard to 
licences for the exploitation of copyright works because they normally represent a very 
great number of authors and a refusal of a licence can have serious consequences for a 
person who needs one. To protect against misuse of their powers, this Part wm give the 
Registrar power to adjudicate upon licence schemes operated by collecting societies and, 
in appropriate cases, to require the bodies to issue licences on terms fixed by the Registrar. 
Under clause 111, anyone who is aggrieved by a licence scheme may refer it to the Regis­
trar, who will have power to vat-y it if necessary. Variations ordered by the Registrar may 
include revision of the fees required for licences. 
Under clause 112, a person who claims to have been unreasonably refused a licence, 
or who claims that the terms of a licence are unreasonable, will be able to refer the matter 
to the Registrar, who will have power to declare the person entitled to a licence or to vary 
the terms of his licence, as may be appropriate. 
Under clause 113 the Registrar will have power to extend an expiring licence on sllch 
terms as he considers reasonable. I PINI1IZWE/CIl 
Page 11 
Clause 114 sets out factors which the Registrar win have to take into account when 
making orders under clauses 111, 112 and 113. These factors include: Zimbabwe's treaty 
obligations and orders made by the Indllstry and Trade Competition Commission (subclause 
(1»); the terms and conditions of other similar licence schemes (subcIause (2)); in cases 
im:olving licences to photocopy or cydostyle works, the extent of copying that wiU be 
done (subc1ause (3»; and fees and charges payabJe by the copyright owner if a licence is to 
be gra1)ted (subdauses (4) and (6)). 
Anyone who uses or exploits a copyright work in accordance with an order by thc 
Registrar will be protected against actions for infringement as if he were the holder of a 
licence (clause 115). 
Clause 116 will apply certain provisions of Part XI to decisions of the Registrar 
under this Part; in particular, the Registrar will have to afford an parties an opportunity to 
make representations. 
Part XIII 
This Part \vill give a light of appeal to Intellectual Property Tribunal against the 
Registrar's decisions underParts X, XI and xn (clause 117). Appeals will have to be noted 
within 20 days under clause 118, and in any appeal the Tribunal will have extensive powers 
to vary and correct the Registrar's decisions (clause 119), 
Part X/V 
This Part deals with evidence. and presumptions in proceedings relating to copyright. 
particularly infringement proceedings. Under clause 120 proof of copyright and title to 
copyright will be provable by affidavtt, unless the Tribunal or a cOlln insists on oral evi-
dence. Clause 121 sets out presumptions that will assist the enforcetnent of copyright in 
criminal or civil proceedings relating to infringement. These presumptions include the 
following: that the'person who is named as author on copies of a published work is indeed 
the author of the work (subclause (2)); that where a year of publication is stated on copies 
of a published work, the work was indeed published in that year (subc1ause (4»; that 
copyright in an anonymous or pseudonymous publication IS vested in its publisher up to 
fifty years after the work was published (subclause (5)); and that a work by a deceased 
author was original (subc1ause (6». Clause 122 will create the presumption that an act 
done without the authority of an exclusive licensee is also done without the copyright 
owner's authority. Clause 123 will create the presumptions, in regard to infringement of 
copyright in a work registered In terms of Part XI, that the aiJeged infringer knew about its 
regi~tration and that he acted without the authority of the registered copyright owner. These 
presumptions will reinforce clause 127, which will make entries in the Copyright Register 
proof of their cop.tents. Clause 124 will create various presumptions in infringement 
. proceedings involving audio-visual works, sound recordings and computer programs: that 
a dealer who is found in possession of a copy of an audio-visual work, a sound recording or 
a computer program possessed it for the purposes of sale (subclause (2»); and as to the 
correctness of a statement appearing in or on a copy of an audio-visual work, a sound 
recording or a computer program that a named person was the author, director or owner of 
copyright (subclauses (3), (4) and (5)). Clause 125 will create the presumrtion that a 
collecting society registered in terms of Part X represents the copyright owners in thc 
classes of works for which it is registered. All these presumptions will berebuttable by 
evidence to the contrary. J!ZWE/C/l 
Page 12 
Part XV 
This Part deals with general matters. 
Clause 128 will, in effect, ensure that the law of copyright is entirely statutory. This 
is the position under the present Act. 
Clause 129 will make it a criminal offence knowingly to make, import, sell, possess 
for business or publish information about, a device designed to circumvent copy-protec­
tion. Copy-protection is a device or arrangement, usually incorporated into computer pro­
grams, which prevents unauthorised copying of the program. 
In much the same vein, clause 130 will make it an offence to remove "rights-manage­
ment information" from a copyright work, if the removal is done with the intention of 
infringing copyright. Rights-management information is any information that identifies 
the author' of a work of the owner of copyright in it, or provides information about the 
terms and conditions under which a work may be used under a licence. If such information 
is removed from copies of a computer program or an audio-visual work it can be difficult 
to ascertain who the copyright owner is. 
Clause 131 will make it an olIence to seH, impol1, use or publish information encour­
aging the use of a decoder which enables persons to view or listen to coded transmissions 
or broadcasts (for example, "M-Net") without the authority of the copyright owner. 
Clause 132 will extend the application of the Bm to cover all works that are in 
existence when it comes into operation as an Act, whether the works were made before· 
or after the Bill's date of commencement. Similarly, the clause will preserve a]! existing 
contracts. 
Clause 133 will preserve certain rights, for example Parliamentary privilege, the 
right of the State to dispose of forfeited goods, legal privilege, and other personal 
rights. 
Under clause 134 collecting societies will be obliged to lodge with the Registrar all 
contracts they conclude with corresponding societies, and the contracts will be open to 
public inspection. 
Clause 135 will give the Minister power to make regulations, in particuiar for the 
following purposes: to provide compulsory licences permitting the copying and transla­
tion of works for educational or research purposes; to establish schemes for the levying of 
sales of blank audio-and video-tapes and the distribution of the proceeds of such levies to 
or for the benefit of authors and performers whose works are likely to be reproduced; and 
to invalidate provisions of licence schemes which are unreasonable. Regulations made for 
these purposes will be referable to the Tribunal. 
Finally, clause 136 will repeal the present Act while preserving any assignments or 
licences made or granted under it. COPYRIGHT AND NEIGHBOURING RIGHTS BILL, 2000 
ARRANGEMENT OF SECTIONS 
PART I 
PREUdlINARY 
Section 
1. Sh011 title and date of commencement. 
2. Interpretation. 
3. Meaning of publication. 
4. Construction of references to when work was made. 
:5. Construction of references to owner of copyright !/ZWE/CIl 
Page 13 
G. Construction of references regarding transmission of works through cable programme 
services and through broadcasting. 
7. References to works to include adaptations and parts thereof. 
8. Act to bind State. 
PART n 
COPYRIGHT IN ORIGiNAL WORKS 
9. Nature and vesting of copyright. 
10. Works eligible for copyright. 
11. Copyright hy virtue of author's uationality, dornicile or residence. 
12. Copyright by virtue of country of first publication. 
13. Copyright in works by State or designated international organisations. 
14. Ownership of copyright. 
15. Duration of copyright. 
16. Protection of works that have been adapted or embodied in other works. 
17. Acts restricted by copyright in literary and musical works. 
18. Acts restricted by copyright inartistic works. 
19. Acts restricted by copyright in audio-visual works. 
20. Acts restricted by copyright in sound recordings. 
21. Acts restricted by copyright in broadcasts. 
22. Acts restlicted by copyright in programme-carrying signals. 
23. Acts restricted by copyright in published editions. IP/N/l/ZWE/C/l 
Page 14 
PART III 
PJ;:RMITTED ACTS IN RELATIO;-..r TO COPYRIGHT WORKS 
24. Fair dealing for purposes of research or private study. 
25. Educational use of copyright material. 
26. Copies made to replace or conserve library or archival copies of works. 
27. Use of anonymous or pseudonymous works. 
28. Use of work for Parliamentary or judicial proceedings or'inquiries. 
29. Fair dealing for purposes of criticism, review or news reporting. 
30. Publication of public speeches and articles of topical interest. 
3 L Quotations from copyright vv'orks. 
,32. Public readings and recitations. 
33. Records made from sound-tracks. 
34. Reconstruction of architectural works. 
35. ReproJ~lction of artistic works in public places. 
36. Incidental inclusion of copyright material. 
37. Ephemeral recordings. 
38. Reproducing artistic work for purpose of advertising its sale. 
39. Use of work for demonstration purposes. 
40. Computer programs: back-up copies, decompilation, etc. 
41. Recording of programmes and broadcasts for purposes of subsequent viewing or 
listening. 
42. Private recording of musical works and sound broadcasts. 
43. Acts done under statutory authority. 
44. Prescribed dealings in copyright works. 
PARTlY 
TRANSMISSION AND ASSIGNMENT OF COPYRIGHT AND GRANT OF LICENCES 
45. Ways in which copyright may be transmitted. 
46. Assignment of copyright. 
47. Testamentary disposition of copyright. 
48. Vesting of copyright by operation of law. 
49. Licences. 
50. Transmission of future copyright. PART V 
INFRINGEMENT AND REMEDIES FOR INFRlNGEMENT 
51. Infringement. 
52. Owner of copyright entitled to remedies for infringement. 
53. Rights and remedies of exclusive licensee. 
54. Forum in which remedies for infringement may be sought. 
55. Damages in infringement proceedings. 
56. Cases in which interdict not available. 
57. Anton Piller orders. fPlNlllZWEIC/l 
Page 15 
58. Additional rights of owner of copyright in respect of infringing copies. 
59. Offences and penalties in respect of infringement. 
60. Restriction on importation or exportation of infringing copies. 
PARTvr 
() 1. Right to be identified as author or director. 
62. Exceptions to right to be identified. 
63. Right no! to he identified as author OJ" director. 
64. Right to ohjcct to derogatory treatment of work. 
65. Right to privacy in regard to certain photographs and audio-visual works. 
66. Transmission of moral rights. 
67. Enforcement of moral rights. 
PART VB 
RIGHTS IN PERFORMANCES 
6S. Interpretation in Part VI!. 
69. Application of Part VIr: qualifying performances. 
70, Performers' rights. 
71 .. Right of performer to remuneration for commercial use of sound recording bf per-
formance. 
72. Rights of holders of recording rights to performances. 
73. Exceptions to rights of performers and holders of recording 'rights. 
74. Tribunal's power 10 give consent on behalf of performer. 
75. Duration of rights of performers and holders of recording rights. 
76. Transmission of rights of performers and holders of recording rights. 
77. Enforcement of rights of performers nndholders of recording rights. 
78. Criminal liability for infringement of rights of performers and holders of recording 
rights. 
79. Rights under Part ViI additional to copyright and moml rights. IPlNtl/ZWEIC/l 
Page 16 
PART VIiI 
WORKS OF FOLKLORE 
80. interpretation in Part VHl. 
81. Reservation of rights in works of folklore. 
82. Effect of reservation. 
8:1. Restriction on importation or exportation of copies of reserved works of folklore. 
84. Freedom to do certain things in relation to reserved works of folklore. 
8S. Licensing of reserved works of folklore. 
86. Appeal to Tribunal against decisions of Minister or appropriate local authority. 
PART IX 
COPYRIGHT OFFiCE, COPYRIGHT RHJlST!'R, CONTROLLER AND OTHER OFFICERS 
87. Copyright Office. 
88. Copyright Register. 
89. Controller, Registrar and other ofTicers. 
90. Seal of Copyright Office. 
PART X 
COLLECTING SOCIETIES 
91. Collecting societies to be registered. 
92. AppjicZltion for registration of collecting society. 
93. Duration of registration of collecting society. 
94. Cancellation of registration of collecting society. 
95. Applkaliol1 of provisions of Part XI to registration of collecting societies. 
PART XI 
REG1STRATlON OF CERTAIN RIGHTS AND OTHER ]\1ATTERS 
96. lnterprctltion in Part XI. 
97. Matter~; that rnay be registered under Part XI: purpose of registration. 
98. Application for registration. 
99. Advertisement of accepted application. 
100. Opposition to registration. 
10 L Decision on application for registration. 
102. Effective date and duration of registration. 
103. Power of Registrar to allow amendments to applications and documents. 
104. Proceedings before Registrar. fP1N11 
105. Duty of Registmr to give opportunity to make representations. 
106. Power <:>f Registrar to rectify Register. 
107. Power of Tribunal to rectify Register. 
108. Certified cO'pies of entries in Register. 
109. Right of Registrar to appear in certain proceedings regarding Register. 
110. Penalty for faise entries and false statements. 
PART XII 
POWERS OF REGISTRAR IN REGARD TO LICENCE SCHEMES AND LICENCES 
111. Reference of licence scheme to Registrar. 
112. Application to Registrar regarding grant or refusal of licence or terms thereof. 
1] 3. Reference to Registrar of expiring licence. 
114. Factors to be taken into account by Registrar in making orders. 
115. Effect of Registrar's orders. Page 17 
116. Application of provisions of Part XI to proceedings regarding licence schemes and 
licences. 
PARTXIH 
ApPEALS TO TRIBUNAL AGAINST DECISIONS OF REGISTRAR 
117. Right of appeal to Tribunal against decisions of Registrar. 
118. Noting of appeal. 
119. Powers of Tribunal on appeal. 
PARTXIV· 
EVIDENCE AND PRESUMPTIONS 
120. Proof of certain facts by affidavit in infringement proceedings. 
121. Presumptions in infringement proceedings: literary, musical and artistic works. 
122. Presumption in infringement proceedings: works subject to exclusive licence. 
123. Evidence and presumptions in infringement proceedings: audio-visual works, sound 
recordings and computer programs. 
124. Presumptions in infringement proceedings: registered works. 
125. Presumption regarding registered collecting society. 
126. Entries in Register to be prima facie proof of their contents. 
127. Proof of entries in Register and of things done by Registrar. JPlNl1lZWE/C/l 
Page 18 
PART XV 
GENERAL 
128. No copyright under common law. 
129. Devices designed to circumvent copy-protection. 
130. Removal of rights-management information. 
131. Fraudulent reception of transmissions. 
132. Application of Act to works made and contracts concluded before commencement of 
Act. 
133. Act not to affect certain other rights. 
134. Collecting societies to deposit certain agreements with Registrar. 
135. Regulations. 
136. Repeal of Cap. 26:01 and savings. I/ZWE/C/I 
Page 19 
PRESENTED BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS 
BILL 
To provide for copyright and neighbouring rights; to repeal the Copyright 
Act [Chapter 26:01]; and to provide for matters connected with or 
incidental to the foregoing. 
ENACTED by the President and the Parliament of Zimbabwe. 
PART! 
PRELIMINARY 
1 Short title ~nd d~te of commencement 
(1) This Act maybe cited as the Copyright and Neighbouring Rights Act [Chap­
ter 26:05]. 
(2) This Act shall come into operation on a date to be fixed by the President by 
statutory instrument: 
Provided that the President may fix different dates of commencement different 
provisions of this Act 
2 Interpretation 
In this Act-
"adaptation", in relation to-
H.B. 7, 2000.] (a) a literary work, includes any of the foUowing-
(D a translation of the work; 
(ii) a version of the work in which story or action is conveyed 
wholly or mainly by means of pictures in a foml suitable for re­
production in a book or in a newspaper, magazine or similar pe­
riodical; 
(iii) in the case of a dramatic work, 'a version of the work, whether in 
its original language or in a different language, in which it is 
converted into a non-dramatic work; 
(iv) in the case of anon-dramatic work, a version of the work, whether 
in its original1anguage or in a different language~ in which-it is 
converted into a dramatic work; 
(v) in the case of a computer program-lP/Nil 
Page 20 
A. a version of the program in a programming language, code 
or notation different from that of the original program; 
B. a fixation of the program in or on a medium different from 
the medium of fixation of the Oliginal program; 
unless the difference is occasioned incidentally in the course of 
running the program; 
(b) a musical work, includes an arrangement or transcription of the work; 
(c) an artistic work, includes a transformation of the work in such a man­
ner that the work's original or substantial features remain recognis­
able; 
(d) a sound recording. includes a fixation of the recording in or on a me­
dium different from the medium of fixation of the original recording; 
"architectural work" means a building or a model of or for a building; 
"artistic work" means-
(a) a graphic work, photograph, sculpture or collage, irrespective of its 
artistic quality; or 
Cb) an architectural work; or 
(c) a work of artistic craftsmanship which is not described in paragraph 
(a) or (b); 
"audio-visual work" means a recording or fixation on any medium from which a 
moving image, together with any sounds associated with the image, may be 
produced by any means, but does not include a computer'program or a broad­
cast; 
"author", in relation to a work, means the individual who first makes or creates the 
work; 
"broadcast" means the communication of a work or performance to the public 
by means of a radiocommunication service, induding its transmission 
by satellite, and "broadcaster" and "broadcasting" shall be construed 
accordingly; 
"building" includes a fixed structure and any part of a building or fixed structure; 
"business" includes a trade or profession; 
"cable programme service" means a service which consists wholly or mainly in 
sending information by means of a telecommunication service, other than a 
radiocommunication service, for reception at two or more places, whether 
simultaneously or at different times, but does not include-
(a) a service run for the purposes of a business where-
(i) no person except the person carrying on the business is concerned 
in the control of the apparatus comprised in the system; and 
(ii) the information is conveyed by the system solely for purposes 
internal to the running of the business and not by way of render­
ing a service or providing an amenity for others; and 
(iii) the system is not connected to any other telecommunication 
system; or 
Cb) a service run by a single individual, where-IP 1Nl[ IZWE/C!l 
Page 2J 
(i) all the apparatus comprised in the system is under his control; 
and 
(ii) the information conveyed by the system is conveyed solely for 
his domestic purposes; and 
(iii) the system is not connected to any other telecommunication sys­
tem; 
or 
(c) a service where-
(i) all the apparatus comprised in the system is situated in, or con­
nects, premises which are in single occupation; and 
(H) the system is not connected to any other telecommunication sys­
tem; and 
(Hi) the service is not operated as part of the amenities provided for 
residents or inmates of premises run as a business; 
or 
(d) such other service as may be prescribed; 
"collecting society" means a society or organisation which has any or an the 
following main objects-
(a) acting for owners of copyright in the management of their rights in 
terms of this Act; 
(b) the representation of owners of copyright in the negotiation and 
administration of licence schemes; 
(c) the negotiation or granting of licences, either as owner or prospec­
tive owner of copyright or as agent for the owneror prospective 
owner; 
but does not include a society or organisation whose object is the manage­
ment of the rights of only one such owner, the representation of only one 
such owner or the granting of licences covering the works of only one such 
owner; 
"collective work" means a work created or made by two or more individuals at the 
instance and under the direction of another person, whether an individual or 
a body corporate, on the understanding that the work will be published by 
that other person under his name and that the identity of the authors will not 
be indicated; 
"computer program" means a set of instructions which is fixed or stored in any 
manner and which, when used directly or indirectly in a computer, directs its 
operation to perform a task or bring about a result; 
"Controller" means the Controller of Copyright referred to in paragraph (a) of 
. subsection (1 )of section eighty-nine; 
-""CoirY", relation to-
(a) a literary or musical work, includes a copy the form of a record or an 
audio-visual work; IPfN/l/ZWE/C/l 
Page 22 
(b) an artistic work, includes a version produced by converting the work 
into a three-dimensional form or, if it is already in three dimensions, 
by converting it into a two-dimensional form; 
(c) an audio-visual work or a broadcast, includes a still photograph made 
from the audio-visual work or.broadcast; 
(d) an architectural work, does not include anything that is not a building 
or a model of or for a building; 
(e) any work, indudes-
(i) a copy held in electronic form; and 
(ii) a copy made from a copy of the work: 
"copyright" has the meaning given to it in section nine; 
"designated country", in relation to any provision of this Act, means a country that 
. has been designated for the purposes of that provision in regulations made in 
terms of section one hundred and thirty-five; 
"distribution", in relation to a programme-carrying signal, means any operation 
by which such a signal is transmitted to the public or any section of the 
public; 
"dramatic work" includes a work of dance or mime if reduced to the material form 
in which the work or entertainment is to be presented, but does not include 
an audio-visual work; 
"drawing" includes any drawing of a technical nature and any diagram, map, chart 
or plan; 
"economic right", in relation to a work in which copyright subsists, means a right 
referred to in section seventeen, eighteen, nineteen, twenty, twenty-one, twenty­
two or twenty-three, as the case may be; 
"educational institution" means a school, technical college, university conege, 
university or similar institution; 
"electronic form" means a form usable only if actuated by electric, magnetic, 
electro-magnetic, electro-chemical or electro-mechanical energy; 
"exclusive licence" means-
(a) a licence referred to in paragraph (a) of subsection (2) of sectionjorty­
nine; or 
(b) a sub-licence conferring on the sub-licensee the same exclusive rights 
as the holder of a licence referred to in paragraph (a); 
and "exclusive licensee" shall be construed accordingly; 
"fixation", in relation to sounds, means the embodiment of the sounds or represen­
tations of the sounds in such a way that they can be heard, reproduced or 
communicated through a machine or device; 
"fixed date", in relation to any provision of this Act, means the date fixed~n terms 
of subsection (2) oi'section one as the date of commencement of that 
provision; "graphic work" indudes-
(a) a painting, drawing, diagram, map, chart or plan; and IP/NII/ZWE/C/I 
Page 23 
(b) an engraving, etching, printed circuit, lithograph, woodcut or similar 
work; 
"individual", when used as a noun, 'means a natural person; 
"information" includes words, signs, symbols, images and sounds; 
"infringing copy", in relation to a work, means a copy the making of which consti­
tuted an infringement of copyright in the work or, in the case of an imported 
article, would have constituted an infringement of that copyright if the arti­
cle had been made in Zimbabwe: 
Provided that, where a work has been reproduced for a purpose that 
is permitted under this Act but the resultant copy is subsequently used or 
dealt with for a different purpose without any authority required under this 
Act, that copy shall thereupon be regarded as an infringing copy; 
"judicial proceedings" means proceedings before any court, tribunal or person 
having authority to decide any matter affecting a person's legal rights and 
liabilities; 
"licence" means-
(a) an exclusive licence or a non-exclusive Jicence; or 
(b) a compulsory licence granted in terms of regulations made under sec­
tion one hundred and thirty-five; 
and "licensee" shan be construed accordingly; 
"licence scheme" means a scheme setting out-
(a) the classes of case in which a collecting society, or a person on whose 
behalf a collecting society acts, is willing to grant licences; and 
(b) the charges, if any, and the terms and conditions subiect to which 
licences will be granted in those classes of case; 
and includes anything in the nature of such a scheme, whether described as a 
scheme or as a tariff or by any other name; 
"literary work" means any work which is written, spoken or sung, irrespective 
of its literary quality or the mode or form which it is expressed, and 
includes-
(a) dramatic works, stage directions, film scenarios and broa<;tcasting 
scripts; and 
(b) letters, reports and memoranda; and 
(c) lectures, speeches and sermons; and 
(d) computer programs; and 
(e) tables and compilations; 
but does not include musical works; IPIN11/ZWE/C/l 
Page 24 
"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any 
other Minister to whom the President may, from time to time, assign the 
administration of this Act; 
"moral rights" means the rights conferred bv sections sixty-one, sixty-three, sixty­
four and sixty-five; 
"musical work" means a work consisting of music, but does not include any 
words or action intended to be, sung, spoken or performed with the 
music; 
"non-exclusive licence" means-
(a) a licence referred to in paragraph (b) of subsectIOn (2) of sectionforty­
nine; or 
Cb) a sub-licence conferring on the sub-licensee the same exclusive rights 
as holder of a licence referred to in paragraph (a); 
and "non-exclusive licensee" shall be construed accordingly; 
"owner", in relation to any copyright, means the person in whom the copyright is 
vested and, subject to section five, includes an assignee in relation to the 
rights held by him under the assignment; 
"performance", subject to section sixty-eight, includes-
(a) any mode of visual or acoustic presentation of a work, including any 
such presentation by-
(i) the op~ration of a radiocommunication service; or 
(ii) the exhibition of an audio-visual work; or 
(iii) the use of a loudspeaker or record; 
and 
Cb) in relation to a lecture, speech, address or sermon, delivery thereof; 
"photograph" means a recording of light or other radiation on any medium on 
which an image is produced or from which an image may by any means be 
produced, and which is not part of an audio-visual work; 
"programme" includes any item of information included in a programme that is 
broadcast or transmitted by a cable programme service or embodied in a 
programme-carrying signal; 
"programme-carrying signal" means a signal which embodies a programme and 
which passes through a satellite; 
"public computer network" means a group of interlinked computers to which the 
public or a section of the public have access, whether on payment of a fee or 
otherwise, and includes the computet network commonly known as the 
Internet; 
"public lending" means the lending of a copy of a work for a limited period to a 
member of the public by a public library or archive or other such non-profit­
making institution; IP/N11 
"publication" has the meaning assigned to it in section three; 
"published edition" means a published edition of the whole or any part of one or 
more literary or musical works; 
"radiocommunication service" means the transmission, emission or reception of 
information of any description whatsoever wholly or partly by means of 
electromagnetic waves of frequencies between ten kilohertz and three 
million megahertz propagated in space without artificial guide; 
"record" means any disc, tape, perforated roll or other device in or on which infor­
mation is or can be embodied so as to be capable, with or without the aid of 
some other instrument, of being automatically reproduced; 
"Register" means-
(a) the Copyright RegIster kept in terms of subsection (1) of section eighty~ 
eight; or 
(b) the appropriate register or the appropriate part of the Copyright 
Register kept in accordance with subsection (2) of section eighty­
eight; 
as the case may be; 
"registered" means registered in the Register; 
"Registrar" means-
(a) the Controller; or 
. (b) a registrar of copyright referred to in paragraph (b) of subsection (1) of 
section eighty-nine; or 
(c) an examiner or other offIcer referred to in paragraph (c) of subsection 
0) of section eighty-nine, in relation to any function that has been 
assigned to him in terms of subsection (4) of that section; 
"reproduce" means to make a copy of a work in any manner or fonn, and includes 
storing the work permanently or temporarily in electronic form; 
"reprographic copying" means a process­
(a) for making facsimile copies; or 
(b) involving the use of an apparatus for making multiple copies; 
and includes, in relation to a work held in electronic form, any reproducing 
by electronic means, but does not include the making of an audio-visual 
work or a sound recording; 
"satellite" means any device in extraterrestrial space capable of transmitting 
signals; 
"sculpture" includes a cast or model made for purposes of sculpture; 
"signal" means an electronically generated carrier capable of transmitting 
programmes; 
"sound recording" means any fixation of sounds on a record, but does not include 
a sound-track associated with an audio-visual work; Page 25 IP/N/l IZWE/CI I 
Page 26 
"sound-track associated with an audio-visual work" means any recording of sounds 
which is incorporated in any print, negative, tape or 'other article on which 
the audio-visual work or part of it, in so far as it consists of visual images, is 
recorded, or which is issued by the author of the audio-visual work for use in 
conjunction with such an article; 
"sufficient acknowledgement" means an acknowledgement identifying the work 
in question by its title or other description, and identifying author 
unless-
(a) the work is anonymous; or 
(b) the author has previously agreed or required that no acknowledgement 
of his name should be made; or 
(c) it is not possible to ascertain the identity the author by reasonable 
inquiry; 
"Tribunal" means the Intellectual Property Tribunal established by section 3 of the 
Intellectual Property Tribunal Act [Chapter 26:06]; 
"work" means any literary, musical, artistic or audio-visual work, sound record­
ing, broadcast, programme-carrying signal or published edition; 
"work of joint authorship" means a work produced by the collaboration of two or 
more authors in which the contribution of each author is not separable from 
the contribution ofthe other author or authors, but does not include a collec­
tive work; 
"writing" includes any form of notation or code, whether by hand or otherwise, 
and regardless of the method by which, or medium in or on which, it is 
recorded. 
3 Meaning of publication 
(1) Subject to this Act, a work shall be regarded as published­
(a) if copies of the work are issued to the public; or 
(b) if the work is made available to the public-
(i) by means of an electronic retrieval system; or 
(H) through a public computer network; or 
(iii) by a public library or archive or other such non-profit-making institu­
tion for the purposes of public .lending. 
(2) In the case of an architectural work in the form of a building, or an artistic 
work incorporated in a building, construction of the building shall be treated as equivalent 
to publication of the work. 
(3) Without derogation from subsection (1), in the case of an audio-visual 
work or a sound recording or a copy thereof, selling or offering to sell the work, or 
letting it on hire or offering to let it on hire, shall be treated as equivalent to publication 
of the work. Act-IP/N/l!ZWE/CI I 
Page 27 
(4) The following shall-not constitute publication for the purposes of this 
Ca) in the case of a literary or musical work­
(i) the performance of the work; or 
(ii) the broadcasting of the work; or 
(iii) the inclusion of the work a cable programme service, otherwise than 
for the purpose of an electronic reuieval system; 
(b) the case of an artistic work-
(1) the exhibition of the work; or 
(ii) the issuing to the public of drawings or photographs of an architectural 
work, a sculpture or a work of artistic craftsmanship; or 
(Hi) the issuing to the public of copies of an audio-visual work induding 
the artistic work; or 
(iv) the broadcasting of the artistic work; or 
(v) the inclusion of the artistic work in a cable programme service, other­
wise than for the purpose of an electronic retrieval system; 
(c) in the case of an audio-visual work or a sound recording--
(1) the playing or showing of the work in public; or 
(ii) the inclusion of the work in a cable programme service, otherwise than 
for the purpose of an electronic retlieval system; 
(d) in the case of any work, the distdbution, sale, letting on hire or loan of cop­
ies which have previously been put into circulation in Zimbabwe or a desig­
nated country. 
(5) Except in so far as it may constitute an infringement of copyright, a publica­
tion which is merely colourable and not intended to satisfy the reasonable requirements of 
the public shall be disregarded. 
(6) For the purposes of this section, no account shall be taken of any unauthorised 
act. 
4 Construction of references to when work was made 
(1) A work, other than a broadcast or a programme-carrying signal, shall be deemed 
for the purposes of this Act to have been made when it was first reduced to writing, 
recorded or reduced to material form. 
(2) A broadcast shall be deemed to have been made when it was first broadcast. 
(3) A programme-carrying signal shall be deemed to have been made when it was 
first transmitted to a satellite. TP/N/]/ZWEIC/l 
Page 28 
5 Construction of references to owner of copyright 
(1) Where different persons are entitled to different aspects of copyright in a 
work, whether as a result of a partial assignment or otherwise, the owner of the copyright 
shall be deemed to be the person who is entitled to the aspect of copyright relevant for 
that purpose. 
(2) Where copyright, or any aspect of copyright, is owned by two or more persons 
jointly, references in this Act to the owner of the copyright shall be construed as references 
to all the owners. 
6 Comstructicm of references regarding transmission of works through 
cable programme services and. through broadcasting 
(1) Where a work is transmitted to suBscribers to a cable programme service­
(a) the person operating the service, that is to say, the person who in the agree­
ments with the subscribers to the service undertakes to provide them with 
the service, shall be deemed to be the person causing the work to be so trans­
mitted, whether or not he transmits the programmes; 
(b) no person, other than the person referred to in paragraph (a), shall be deemed 
to be causing the work to be so transmitted, notwithstanding that he provides 
any facilities for the transmission of the programme. 
(2) Where a work that is broadcast or included in a cable programme service is 
perfonned by the operation of any-
(a) radio, television or other receiving apparatus; or 
(b) loudspeaker or other apparatus for reproducing information by the use of a 
record; 
which is provided by or with the consent of the occupier of the premises where the appara­
tus is situated, the occupier shall, for the purposes of this Act, be deemed to be the person 
giving tn,e performance, whether or not he is the person operating the apparatus. 
(3) Any reference in this Act to the reception of a broadcast shall be construed as 
including its reception directly from the broadcaster's transmission or from a re-transmis­
sion made by any person from any place, whether in Zimbabwe or elsewhere. 
(4) In subsection (3)-
"re-transmission" means any re-transmission, whether over paths provided by a 
m~terial substance or not. including any re-transmission made by making 
use of any record on which the broadcast in question has been recorded. 
1 References to works to include adaptations and parts thereof 
Unless the context otherwise requires, a reference in this Act to doing anything in 
relation to a work or a copy of a work shall be deemed to include a reference to doing that' 
thing in relation to-
(a) an adaptation of the work; or 
(b) a substantial part of the work or copy, as the case may be: 
Provided that this section shall not apply for the purposes of determining-(a) whether or not a work has been published; or 
(b) where and when a published work was first published. 
8 Act to bind State 
This Act shaH bind the State. 
PARTU 
COPYRIGHT IN ORIGINAL WORKS 
9 Nature and vesting of copyright fPINllIZWE/C/l 
Page 29 
(1) Copyright is a real right which subsists in a work by virtue of this Act add 
which entitles its owner exclusively to do in Zimbabwe and to authorise others to do in 
Zimbabwe the things which this Act designates in relation to that work. 
(2) Copyright subsists in a work if it is eligible for copyright in terms of section 
ten and if any or all of the following requirements are met-
(a) the author of the work is a qualified person by virtue of section eleven; 
(b) the work qualifies for copyright protection in terms of section twelve by 
virtue of the country in which it was published or made; 
(c) the work was made under the direction or control of the State or a designated 
international organisation as provided in section thirteen. 
10 Works eligible for copyright 
(1) Subject to this Act, the fonowing works, if they are original, shall be eligible 
for copyright-
(a) literary works; 
(b) musical works; 
(c) artistic works; 
(d) audio-visual works; 
(e) sound recordings; 
(f) broadcasts; 
(g) programme-carrying signals; 
(h) published editions. 
(2) A work, other than a broadcast or programme-carrying signal, shall not be 
eligible for copyright unless it has been reduced to writing, recorded or reduced to material 
form. 
(3) A broadcast or a programme-carrying signal shall not be eligible for copy­
right until-
(a) in the case of a broadcast, it has been broadcast; 
(b) in the case of a programme-carrying signal, it has been transmitted by a 
satellite. IPINI1IZWE/C/l 
Page 30 
(4) A work shall not be ineligible for copyright solely because the making of the 
work, or the doing of any act in relation to the work, involved an infringement of copyright 
in some other work. 
, 
(5) The following matters and things shall not be eligible for copyright-
(a) ideas, procedures, systems, methods of operation, concepts, principles, dis­
coveries, facts or figures, even if they are explained, illustrated or embodied 
in a work; 
Cb) news of the day that are mere items of press infonnation; 
Cc) speeches of a political nature; 
(d) speeches delivered in the course of legal proceedings: 
Provided U1at the author of any speeches referred to in paragraph (c) or (d) shall 
have the exclusive right to make a collection of them. 
(6) The following public documents shaH not be eligible for copyright-­
(a) official texts of enactments; 
(b) official texts of Bills prepared for presentation in Parliament; 
(c) official records of judicial proceedings and decisions; 
(d) notices, advertisements and other material published in the Gazette; 
(e) applications, specifications and other matters published in the Patent and 
Trade Marks Journal referred to in section 95 of the Patents Act [Chapter 
26:03]; 
(f) official texts of international conventions, treaties and agreements to which 
Zimbabwe is a party; 
(g) entries in, and documents that fonn part of, any register which is kept in 
tenns of an enactment and is open to public inspection; 
(h) such other documents of a public nature as may be prescribed: 
Provided that this subsection shaH not be taken to limit the provisions of any other 
law which may prohibit or restrict the reproducing, publishing or altering of any such 
public document. 
11 Copyright by virtue of author's nationality, domicile or residence 
(1) A work that is eligible in tenns of section ten shall qualify for copyright pro­
tection if, at the material time as defined in subsection (2), the work's author or, the case 
of a work of joint authorship, anyone of its authors, was-
(a) a citizen of Zimbabwe or a designated country; or 
(b) domiciled or ordinarily resident in Zimbabwe or a designated country; or 
(c). in the case of a body corporate, incorporated under the. law of Zimbabwe or 
a designated country. 
(2) The material time, in relation to~ 
(a) an unpublished literary, musical or artistic work, is when the work or a sub­
stantial part of the work was first made; I PlNllIZWE/C/l 
Page 3] 
(b) a published literary, musical or artistic work, is when the work was first 
published or, if the author died before that time, immediately before his 
death; 
(c) an audio-visual work, a sound recording or a broadcast, is when it was first 
made; 
(d) a cable programme, is when the programme was included in the cable pro-
gramme service; 
(e) a published edition, is when the edition was first published. 
(3) The author of-
(a) an architectural work that is erected in Zimbabwe; or 
(b) any other artistic work that is incorporated in a building in Zimbabwe; 
shall be deemed, for the purposes of this section,to have been ordinarily resident in 
Zimbabwe when the work was made, no matter where he may actually have resided. 
12 Copyright by virtue of country of first publication 
(1) A work that is eligible terms of section ten shaH qualify for copyright pro­
tection if it is first published in Zimbabwe or in a designated country. 
(2) Without derogation from subsection (1)-
(a) a computer program, audio-visual work or broadcast that is eligible in terms 
of section ten shall qualify for copyright protection if it is made in Zimba­
bwe or a designated country; 
(b) a programme-carrying signal that is eligible in terms of section ten shall 
qualify for copyright protection if it is emitted to a satellite from a place in 
Zimbabwe or a designated country. 
(3) For the purposes of subsection (l), a publication of a work shall not be treated 
as being other than the first publication solely because of an earlier publication elsewhere 
if the two publications took place within thirty days of each other. 
13 Copyright in works by State or designated international organisations 
A work that is eligible in terms of section ten shall qualify for copyright protection if 
it is made by or under the direction of the State or an international organisation designated 
in regulations made in terms of section one hundred and thirty-five. 
14 Ownership of copyright 
(1) Subject to this section and section five, the ownership of any copyright shall 
vest the author of the work concerned or, in the case of a work of joint authorship, in the 
co-authors of the work. 
(2) Subject to this section and section five, the ownership of any copyright in a 
collective work shall vest in the person at whose instance and under whose direction the 
work was created or made. 
(3) Where a literary or artistic work is made-fP/NIlIZWE/C/1 
Page 32 
(a) by an author in the course of his employment by the proprietor of a 
,newspaper, magazine or similar periodical under a contract of service or 
apprenticeship; and 
(b) for the purpose of publication in a newspaper, magazine or similar perio-
dical; 
the proprietor shall. be the owner of the copyright in the work so far as the copyright 
relates to publishing the work any newspaper, magazine or similar periodical or to repro­
ducing the work for the purpose of its being so published, but in aB other respects the 
author shall be the owner of the copyright. 
(4) Where a person commissions-
(a) the taking of a photograph; or 
(b) the painting or drawing of a portrait; or 
(c) the making of a gravure; or 
(d) the making of an audio-visual work; or 
Ce) the making of a sound recording; 
and pays or agrees to pay for it in money or money's worth, and the work is made in 
pursuance of the commission, that person shall, subject to subsection (2), be the owner of 
any copyright subsisting in the work. 
(5) Where in a case not falling within subsection (3) or (4), a work is made the 
course of the author's employment by another person under a contract of employment or 
. apprenticeship, that other person shall be the owner of any copyright subsisting in the 
work. 
(6) Ownership of any copyright conferred by section thirteen shall initially vest 
in the State or the international organisation concerned, and'not in the author: 
Provided that any such State copyright shall for administrative purposes be deemed 
to vest in such public officer or einployee of the State as the President may designate by 
statutory instrument. 
(7) Subsections (2), (3), (4), (5) and (6) shall have effect, in any particular case, 
subject to any agreement excluding the operation of those subsections. 
15 Duration of copyright 
(1) Subject to this section, the duration of copyright shall be, in the case of­
(a) an audio-visual work, a collective work, a photograph or a computer pro­
gram, fifty years from the end of the year in which the work is made avail­
able to the public with th~ consent of the owner of the copyright or, failing 
such an event within fifty years from the making of the work, fifty years 
from the end of the year in which the work is made; 
(b) a sound recording, fifty years from the end of the year in which the recording 
is first published; 
(c) a broadcast, fifty years from the end of the year in which the broadcast first 
takes place; (d) 
(e) 
(f) !PINllIZWE/C/] 
Page 33 
a programme-carrying: signal, fifty years from the end of the year in which 
the signal is first emitted to a satellite; 
a published edition, fifty years from the end of the year in which the edition 
is first published; 
any other literary, musical or artistic work, the life of the author and fifty 
years from the end of the year in which the author dies. 
(2) The copyright conferred on the State or an international organisation by sec­
tion thirteen shall subsist-
(a) in the case of an audio-visual work, a photograph, a computer program, a 
sound recording, a broadcast, a programme-carrying signal or a published 
edition, for the period specified in respect of such work in subsection 
0); 
(b) in the case of any other literary, musical or artistic work, for fifty years from 
the end of the year in which the work was first published. 
(3) The copyright an anonymous or pseudonymous literary work, other than a 
work referred to in subsection (2), shall subsist for fifty years from the end of the year in 
which the work is made available to the public with th~ consent of the owner of the copy­
right or from the end of the year in which it is reasonable to presume that the author died, 
whichever period is the shorter: 
Provided that, in the event of the identity of the author becoming known before the 
expiry of that period, the term of the copyright shaH be calculated in accordance with 
subsection (l). 
(4) In the case of a work of joint authorship, the references in paragraph (f) 
subsection (1) and subsection (3) to the death of an author shan be taken to refer to the 
author who dies last, whether or not he is a qualified person in terms of subsection (1) of 
section eleven. 
16 Protection of works that have been adapted 01' embodied in other works 
0) Subject to any ~greement to the contrary, the copyright in an adaptation of a 
work shall be without prejudice to any copyright in the original work. 
(2) The copyright in any work shall be without prejudice to the protection under 
Part VIII of any work of folklore embodied or utilised in the work. 
17 Acts restricted by copyright In literary and musical works 
Subject to this Act, copyright in a literary or musical work shaH vest in the owner the 
exclusive right to do or to authorise the doing of any of the fonowing acts in Zimbabwe--
(a) reproducing the work; 
(b) publishing the work; 
(c) importing the work into Zimbabwe or exporting it from Zimbabwe, 
wise than for the personal and private use of the person importing or export­
ing it; 
(d) perfonning the work 'in public; 
( e) broadcasting the work; IPINIJ/ZWE/CI1 
Page 34 
(f) causing the work to be transmitted in a cable programme service, unless the 
service transmits a lawful broadcast, including the work, and is operated by 
the original broadcaster; 
(g) except in the case of a computer program, making an adaptation of the 
work; 
(h) the case of a computer program-, ' 
(i) publishing an adaptation of the program; 
(ii) by way of business, directly or indirectly selling or letting for hire a 
copy of the program or offering or exposing a copy of the program for 
sale or hire. 
18 Acts restricted by copyright in artistic works 
Subject to this Act, copyright in an artistic work shall vest in the owner the exclusive 
right to do or to authorise the doing ,of any of the following acts in Zimbabwe-
(a) reproducing the work; 
(b) publishing the work; 
(c) importing the work into Zimbabwe or exporting it from Zimbabwe, other­
wise than for the personal and private use of the person importing or export­
ing it; 
(d) including the work in an au~io-visual work or a broadcast; 
(e) causing a programme which includes the work to be transmitted a cable 
programme service, unless the service transmits a lawful broadcast, includ­
ing the work, and is operated by the original broadcaster; 
(1) making an adaptation of the work. 
19 Acts restricted by copyright in audicFlifisual works 
Subject to this Act, copyright in an audio-visual work shaH vest in the owner the 
exclusive right to do or to authorise the doing of any of the following acts in Zimbabwe-
(a) reproducing the work, including making a still photograph from it; 
(b) causing the work, in so far as it consists of images, to be seen public or, in 
so far as it consists of sounds, to be heard in public; 
Cc) importing the work into Zimbabwe or exporting it from Zimbabwe, other­
wise than for the personal and private use of the person importing or export­
ing it; 
(d) broadcasting the work; 
(e) making the work available on a public computer network; 
(f) causing the work to be transmitted in a cable programme service, unless the 
service transmits a lawful television broadcast, induding the work, and is 
operated by the original broadcaster; IP/NI1 /ZWE/C/1 
Page 35 
(g) directly or indirectly selling or letting for hire or offering or exposing for 
sale or hire, by way of business, a copy of the work; 
(h) making an adaptation of the work. 
20 Acts restricted by copyright in sound recordings 
Subject to this Act, copyright in a sound recording shaH vest the owner the 
exclusive right to do or to authorise the doing any of the following acts in 
Zimbabwe-
Ca) making, directly or indirectly, a record embodying the sound recording; 
(b) directly or indirectly selling or letting for hire or offering or exposing for 
sale or hire, by way of business. a copy of the sound recording; 
(c) importing the sound recording into Zimbabwe or exporting it from Zimba­
bwe, otherwise than for the personal and private use of the person importing 
or exporting it; 
(d) making the sound recording available on a public computer network; 
(e) causing the sound recording to be transmitted in a cable programme service, 
unless the service transmits a lawful broadcast, including the sound record-. 
ing, and is operated by the original broadcaster; 
(f) making an adaptation of the sound recording. 
21 Acts restricted by copyright in bro~dcasts 
Subject to this Act, copyright in a broadcast shaH vest the owner the exclusive right 
to do or to authorise the doing of any of the following acts in Zimbabwe-
(a) reproducing the broadcast directly or indirectly, including, in the case of a 
television broadcast, making·a still photograph from it; 
(b) re-broadcasting the broadcast; 
(c) making the broadcast available on a public computer network; 
(d) causing the broadcast to be transmitted in a cable programme service, unless 
the service is operated by the original broadcaster. 
22 Acts restricted by copyright in programme-carrying signals 
Subject to this Act, copyright in a programme-carrying signal shall vest in the owner 
the exclusive right to undertake or to authorise the direct or indirect distribution of the 
signal in Zimbabwe or from Zimbabwe. 
23 Acts restricted by copyright in published editions 
Subject to this Act, copyright in a published edition shall vest in the owner the 
exclusive right to do or to authorise the doing of any of the following acts in 
Zimbabwe-IP/Nl1lZWE/C/l 
Page 36 
(a) reproducing the published edition; 
(b) importing the published~dition into Zimbabwe or exporting it from Zimba­
bwe, otherwise than for the personal and private use of the person importing 
or exporting it; 
(c) making the published edition available on a public computer network. 
PART 
PERMITTED ACTS IN RELATION TO COPYRIGHT WORKS 
24 Fair dealing for purposes of research or private study 
(1) The copyright in a work shall not be infringed by any fair dealing for the 
purposes of research or private study by the person using the work. 
(2) Reproducing a work shall not constitute fair dealing for the purposes of sub­
section (1) if the person who reproduces it knows or has reason to believe that it will result 
in copies of substantially the same material being provided to more than one person at 
substantially the same time. 
25 Educational use of copyright material 
(1) Subject to this section, the copyright in a work shall not be infringed by the 
use of the work by way of illustration in any publication, broadcast or record for teaching 
if-
(a) the use is compatible with fair practice; and 
(b) the extent of the use is justified by the purpose; and 
(c) sufficient acknowledgement is given. 
(2) The copyright in a work shall not be infringed by anything done for the pur­
poses of an examination by way of setting questions, communicating the questions to the 
candidates or answering the questions: 
Provided that this subsection shall not extend to making a copy of the score of a 
musical work for use by an examination candidate in performing the work. 
(3) The inclusion of a short passage from a published literary work in a collection 
which-
(a) is intended for use in educational establishments and is so described in its 
title and in any advertisement issued by or on behalf of the publisher; and 
(b) consists mainly of material in which no copyright subsists; 
shall not infringe the copyright in the work if the work itself is not intended for use in such 
establishments and its inclusion is accompanied by a sufficient acknowledgement: 
Provided that not more than two such excerpts from copyright works by the same 
author shall be included in such collections published by the same publisher in any period 
of fIve years. IPIN11/ZWE/CI1 
Page 37 
(4) The performance of a dramatic or musical work before an audience consisting 
of teachers and pupils at an educational establishment and other persons directly connected 
with the establishment's activities shall not be regarded as a public performance for the 
purposes of infringement of copyright if the performance is given-
(a) by a teacher or pupil in the course of the establishment's activities; or 
(b) at the establishment by any person for the purposes of instruction: 
Provided that a person shaH not be regarded as directly connected with the estab­
lishment's activities for the purposes of this subsection simply because he is a parent of a 
pupi1. 
(5) The playing or showing of an audio-visual work, a sound recording, a broad­
cast or a cable programme before an audience consisting of teachers and pupils at an 
educational establishment and other persons directly connected with the establishment's 
activities shall not be regarded as a public performance of the work for the purposes of 
infringement of copyright if the work is played or shown for the purposes of instruction: 
Provided that a person shall not be regarded as directly connected with the estab­
lishment's activities for the purposes of this subsection simply because he is a parent of a 
pupil. 
(6) Copyright in a literary or musical work shall not be infringed by an educa­
tional establishment which, by reprographic copying, makes copies of passages from the 
work for the purposes of instruction: 
Provided that-
(i) the extent of such copying shall not exceed such limits as may be 
prescribed; and 
(iO no such copying shall be authorised by this subsection if, or to the 
extent that, a licence or a licence scheme is available authorising the 
copying in question and the person making the copies knew or ought 
to have been aware of that fact. 
(7) No act shall be regarded as permitted by this section if it conflicts with a 
normal exploitation of the work concerned or prejudices unreasonably the legitimate 
interests of the owner of copyright in the work. 
26 Copies made to replace or conserve library or archival copies of works 
(1) The copyright in a work in the permanent collection of a library or archive 
shall not be infringed by a librarian or archivist who makes a copy of the work-
(a) in order to preserve or replace the work by placing the copy in the permanent 
collection in addition to or in place of it; or 
(b) in order to replace in the permanent collection of another library or archive 
an item which has been lost, destroyed or damaged: 
Provided that this subsection shall not apply-
(a) where it is reasonably practicable to purchase a copy of the work in question 
rather thunreproducing it; or IZWE/C/I 
Page 38 
(b) such other circumstances as may be prescribed. 
(2) The copyright in an unpublished work in the permanent collection of a library 
or archive shall not be infringed by a librarian or archivist who makes and supplies a copy 
of the work, if-
(a) the copy is supplied to a person who satisfies the librarian or archivist that 
requires it for purposes of research or private study and will not use it for any 
other purpose; and 
(b) no person is supplied more than one copy of the work; and 
(c) the owner of the copyright in the work has not expressly prohibited copying 
of the work. 
27 Use of anonymous or pseudonymous works 
The copyright in a work shall riot be infringed by the doing of anything at a time 
when, or pursuant to arrangements made at a time when-
(a) it is not possible by reasonable inquiry to ascertain the identity of the author 
or, in the case of a work of joint authorship, any of the authors; and 
(b) it is reasonable to assume-
(i) that the copyright has expired; or 
(H) that the author died fifty years or more before the beginning of the 
calendar year in which the act is done or arrangements are made, as the 
case maybe. 
28 Use of work for Parliamentary or judicial proceedings or Inquiries 
(1) The copyright in a work shall not be infringed by reproducing or using the 
work for the purposes 
(a) any Parliamentary or judicial proceedings or for the purposes of reporting 
any such proceedings; or 
(b) any inquiry conducted in terms of any enactment, or for the purposes of 
reporting the proceedings of any such inquiry. 
(2) The issuing to the public of the report of any inquiry referred to in patagraph 
(b) of subsection (1) shall not infringe the copyright of any work that is reproduced in the 
report. 
29 Fair dealing for purposes of criticism, review or news reporting 
(l) The copyright in a work shall not be infringed by any fair dealing-
(a) for the purposes of criticism or review of that work or of another work or of 
the performance of a work; or 
(b) subject to subsection (2), for the purposes of reporting current events: 
Provided that-
(i) sufficient acknowledgement of the work shall be given, except where 
the work is used for the reporting of current events by means of an 
audio-visual work, a sound recording, a broadcast or a programme­
carrying signal; IPIN/lIZWE/CI1 
Page 39 
(ii) the use of a photograph for the purposes of repOlting current events 
shaH not constitute fair dealing. 
(2) Paragraph (b) of subsection (1) shall not apply so as to authorise the publica­
tion of any part of an audio-visual work, a record or a programme-carrying signal repre­
senting a sporting event. 
30 Publication of public speeches and articles of topical interest 
(1) The copyright in a lecture, address, speech or other similar work which is 
delivered public shall not be infringed by the work being reproduced in the press or in a 
broadcast or cable programme, if the reproduction is for the purpose of information: 
Provided that the author of any such lectures, addresses, speeches Of other works 
shall have the exclusive right of making a collection of them. 
(2) The copyright in an article published in a newspaper or periodical, or in a 
broadcast, on any current economic, political or religious topic shall not be infringed by 
the work being reproduced in the press or in a broadcast or cable programme, if the right 
of such reproduction has not been expressly reserved and sufficient acknowledgement is 
given. 
(3) No act shall be regarded as permitted by this section if it conflicts with a 
normal exploitation of the work concerned or prejudices unreasonably the legitimate inter­
ests of the owner of the copyright in the work: 
31 Quotations fmm copyright works 
The copyright in a literary or musical work shaH not be infringed by any quotation 
from the work, including any quotation from an article in a journal that summarises the 
work, if-
(a) the quotation is compatible with fair practice; and 
(b) the extent of the quotation does not exceed the extent justified by the pur­
pose; and 
(c) sufficient acknowledgement is given. 
32 Public readings and recitations 
The copyright in a published literary work shaH not be infringed by-
(a) the reading or recitation in public by one person of a reasonable extract from 
the work, if it is accompanied by a sufficient acknowledgement; or 
(b) the broadcasting or inclusion a cable progr:amme service of a reading or 
recitation referred to in paragraph (a), if the broadcast or programme, as the 
case may be, consists mainly of material in relation to which it is not neces­
sary to rely on this section. IP/N/l/ZWE/C/I 
Page 40 
33 Records made from sound-tracks 
Where sounds embodied in a sound-track associated with an audio-visual work are 
also embodied in a record other than that sound-track, the copyright in the audio-visual 
work shall not be infringed by the use of that record. 
34 Reconstruction of architectural works 
The copyright in an architectural work or in the relevant architectural drawings shall 
not be infringed by the reconstruction of that work on the same site and in the same style as 
the original. 
35 Reproduction of artistic works public places 
The copyright an artistic work which is permanently situated in a street, square or 
other public place or in premises open to the public shall not be infringed by-
(a) the work being induded a graphic work, a photograph, an audio-visual 
work, a broadcast or a cable programme; 
(b) the making of copies of the work, where the copies are greatly reduced 
scale. 
36 Incidental inclusion of copyright material 
(1) The copyright in a work shall not be infringed by its incidental inclusion in an 
artistic work, a sound recording, an audio-visual work, a broadcast or a cable programme, 
or by the publication, playing, performance or other use of such a sound recording, audio­
visual work, broadcast or cable programme. 
(2) a musical work or words spoken or sung to music are deliberately included 
in another work, they shall not be regarded for the purposes of subsection (1) as having 
been induded incidentally. 
37 Ephemeral recordings 
The copynght m a literary or musical work shaH not be infringed by a broadcaster 
reproducing the work using his own facilities, where the resultant copy-
(a) is intended exclusively for broadcasting with the consent of the owner of the 
copyright in the work; and 
Cb) is destroyed within six months immediately following the making of the 
copy, or within such longer period as may be agreed with the owner of the 
copyright in the work: 
Provided that, if any such copy is of an exceptional documentary nature, it may be 
preserved in the broadcaster's archives but, subject to this Act, may not be used for broad-' 
casting or any other purpose without the consent of the owner of the copyright. 38 Reproducing artistic work for purpose of advertising its sale fPINII/ZWE/C/1 
Page 41 
The copyright in an artistic work shall not be infringed by copies which are made and 
issued to the public for the purpose of advertising the sale of the work: 
Provided that if such a copy is subsequently sold, let for hire, exhibited in public, 
distributed or otherwise dealt with for any other purpose it shall be treated as an inflinging 
copy for the purposes of that dealing and, if that dealing infringes copyright, for all subse­
quent purposes, 
39 Use of work for demonstration purposes 
The copyright in a literary or musical work shall not be infringed by the use of 
the work in a bona fide demonstration of a radio or television receiver or computer or any 
type of recording equipment or playback equipment to a client by a dealer in such 
equipment. 
40 Computer programs: back-up copies, decompilation, etc. 
(1) Subject to this section, a person who is lawful possession of a computer 
program, or a copy of such a program, 'may do any of the fonowing things without infring­
ing copyright in the program-
(a) make copies of the program to the extent reasonably necessary­
(1) for back-up purposes; or 
Oi) to correct errors in it; or 
(Hi) for the purposes of decompilation in terms of paragraph Cb); or 
(iv) for the purpose of testing the program to determine its suitability for 
the person's use; or 
(v) for any other purpose that is not prohibited under any licence or agree­
ment whereby the person is permitted to use the program; 
(b) decompile the program, that is to say, convert the program into a version 
expressed in a different programming language, code or notation, for the 
purpose of obtaining information needed to enable the program to operate 
with other programs; 
(c) let the program on hire together with a computer or other device, where the 
program itself is not the essential object of the lease. 
(2) Any copy made in terms of paragraph (a) of subsection (1) 0 .. <U"'······ 
(a) be used only for the purpose for which it was made; and 
Cb) be destroyed when the person's possession of the computer program in ques­
tion, or of the copy of the program, ceases to be lawful. 
41 Recording of programmes and broadcasts for purposes of subsequent 
viewing or listening 
(1) The copyright in-
(a) a broadcast or cable programme; or lPlNllIZWE/C/l 
Page 42 
(b) any work contained in a broadcast or cable programme; 
shall not be infringed by the broadcast or programme being recorded for the sole purpose 
of enabling it to be viewed or listened to at a more convenient time. 
(2) Any recording made in terms of subsection (1) shall be used only for the pur­
pose for which it was made and, in particular, shall not-
(a) be distributed, whether by way of business or otherwise, to any person out­
side the family of the person who made it; or 
(b) be performed in public. 
42 Private recording of musical works and sound broadcasts 
(1) Subject to this section, the copyright in-
(a) a sound recording or a musical work embodied a sound recording; or 
(b) a sound broadcast or any work embodied in such a broadcast; 
shall not be infringed by the sound recording, musical work or broadcast being recorded by 
a person for the private use of himself and members of his family. 
(2) Any recording made in terms of subsection (1) shall be used only for the pur­
pose for which it was made and, in particular, shaH not-
(a) be distributed, whether by way of business or otherwise, to any person out­
side the family of the person who made it; or 
(b) be performed in public. 
43 Acts donp. I,mder statutory authority 
The copyright in a work shaH not be infringed by the doing of anything that is specifi­
cally authorised by any enactment. 
44 Prescribed dealings in copyright works 
In addition to any other reproducing permitted in terms of this Act, the reproduction 
of a work shaH be permitted in such manner and circumstances as may be prescribed: 
Provided that-
(i) regulations made under section one hundred and thirty-five shall not 
permit any such reproduction to be in conflict with a normal exploita­
tion of the work or unreasonably to prejudice the legitimate interests of 
the owner of the copyright; 
(ii) in making any regulations referred to in proviso (i), the Minister shall 
have regard to the obligations of Zimbabwe under any international 
convention, treaty or agreement. PART IV IPINll/ZWE/C 11 
Page 43 
TRANSMISSION AND ASSIGNMENT OF COPYRIGHT AND GRANT OF LICENCES 
45 Ways in which copyright may be transmitted 
Subject to this Act, copyright may be transmitted as incorporeal movable property by 
assignment, testamentary disposition or operation of law. 
46 Assignment of copyright 
(1) Subject to this section, an owner of copyright in a work may assign his eco-
nomic rights in the work to any other person. 
(2) An assignment in terms of subsection (1) may be limited so as to apply­
(a) to some only of the assignor's economic.rights; or 
(b) to a part only of the term of the copyright; or 
(c) to a specified country or other geographical area; 
and may be absolute or subject to conditions. 
(3) No assignment in terms of subsection (1) shall have effect unless it is in writ­
ing and signed by or on behalf of the assignor. 
(4) An assignment in terms of subsection (1) shall not be construed as extending 
to any rights that are not expressly referred to in the assignment. 
(5) An assignment in terms of subsection (1) may be registered in terms of 
Part XI. 
47 Testamentary disposition of copyright 
(1) A testamentary disposition of the economic rights vested in an owner of 
copyright may be limited so as to apply-
(a) to some only of the testator's economic rights; or 
(b) to a part only of the term of the copyright; or 
(c) to a specified country or other geographical area; 
and may be absolute or subject to conditions. 
(2) Where under a testamentary disposition a person becomes entitled to an 
original document or other material thing recording or embodying a work which was not 
published before the testator's death, the disposition shall be construed, in the absence of a 
stipulation to the contraiy, as including any copyright in the work which was vested in the 
deceased at the time of his death. 
48 Vesting of copyright by operation of law 
Without derogation from the expression "operation oflaw" in section forty-five, upon 
the liquidation, insolvency or death of an owner of any copyright, the copyright shall vest 
in the owner's liquidator or the trustee or executor of th~ owner's estate, as the case may 
be. IP/NIlIZWE/C/1 
Page 44 
49 licences 
(I) Subject to this section, an owner of copyright in a work may by licence 
authorise another person to exercise any of his economic rights in the work. 
(2) A licence referred to in subsection (1) may be-
(a) an exclusive licence, that is to say a licence authorising the licensee to the 
exclusion of an other persons, including the person granting the licence, to 
exercise the economic right that is the subject of licence; or 
(b) a non-exclusive licence, that is to say, a licence that does not preclude the 
person granting the licence from granting a similar licence to some other 
person. 
(3) An exclusive licence shall not have effect unless it is in writing and signed by 
or on behalf of the person granting the licence. 
(4) An assignment in terms of subsection (1) shall not be construed as extending 
to any rights that are not expressly referred to in the assignment 
(5) A non-exclusive licence may be written or oral or inferred from conduct and, 
unless otherwise provided in the licence or in any contract by which the licence was granted, 
may be revoked at any time. 
(6) A licence, whether exclusive or non-exclusive, may be registered in terms of 
Part XI. 
(7) A licence granted by the owner of the copyright to which the licence relates 
shall be binding upon the owner's successors in title, except a purchaser in good faith and 
without notice, actual or constructive, of the licence or a person deriving title from sllch a 
purchaser, and any reference in this Act to the doing of anything with or without the licence 
of the owner of the copyright shall be construed accordingly. 
(8) Where the doing of anything is authorised by a licensee or a person deriving 
title from the licensee, and it is within the terms, including any implied terms, of the 
licence for him to authorise it, it shall be deemed, for the purposes of this Act, to be author­
ised by the person who granted the licence. 
(9) Unless otherwise provided in the licence concerned or in any contract by which 
the 'licence was granted, a licensee may grant a sub-licence authorising another person to 
do anything which the licensee is permitted to do by the licence, and this section shall 
apply, mutatis mutandis, in respect of any such sub-licence as if it were a licence. 
50 Transmission of future copyright 
(1) An assignment, testamentary disposition or licence may be made or granted in 
respect of the copyright in a future work, or the copyright in an existing work in which 
copyright does not subsist but will come into being in the future, and the future copyright, 
in any such work shaH be transmissible as incorporeal movable property. 
(2) Tf, when any future copyright referred to in subsection (1) comes into exist­
ence, the person who if he were living would be entitled to the copyright is dead, the 
copyright shall devolve as if it had suhsisted immediately hefore his death and he had then 
been the owner of the copyright. fPfN(UZWE/C/1 
Page 45 
(3) The provisions of this Act relating 10 the transmission of copyright shall 
apply, mutatis mutandis, to the transmission of future copyright referred to in sub­
section (1). 
PART V 
INFRINGEMENT AND REMEDIES FOR INFRINGEMENT 
51 Infringement 
(l) Copyright is infringed by any person who is not the owner of the copyright 
and who, without the owner's authority, does or causes any other person to do an act in 
Zimbabwe which the owner has the exclusive right to do or to authorise. 
(2) Without derogation from subsection 0), the copyright in a work is infringed 
by any person who, without the authority of the owner of the copyright, does any of the 
fonowing things in Zimbabwe-
(a) in relation to an article which is an infringing copy and which the person 
knows or has reason to believe is an infringing copy-
(i) makes it; or 
(ii) otherwise than for his personal and private use, imports it into 
Zimbabwe or exports it from Zimbabwe; or 
(iii) in the course of business, possesses it or exhibits it in public or distrib­
utes it; or 
(iv) sells it or lets it for hire or offers or exposes it for sale or hire; or 
(v) otherwise than in the course of business, distributes it to such an extent 
that the owner of the copyright is prejudicially affected; 
Cb) relation to an article which is specifically designed or adapted for making 
copies of the work and which the person knows or has reason to believe is 
likely to be used for that Durpose-
(i) makes it; or 
(H) imports it into Zimbabwe or exports it from Zimbabwe; or 
(iii) possesses it in the course of business; or 
(iv) . sells it or lets it for hire or offers or exposes it for sale or hire. 
(3) Without derogation from subsection (1), the copyright in a work is infringed 
by a person who, without the authority of the owner of the copyright, transmits the work by 
means of a public computer network or telecommunication service, otherwise than by broad­
casting or inclusion in a cable programme service, if the person knows or has reason to 
believe that infringing copies of the work are likely to be made by means of the reception 
of the transmission, whether in Zimbabwe or elsewhere. 
(4) The copyright in a literary or musical work is infringed by any person 
who permits a place of public entertainment to be used for a performance of the work 
in public, where the performance constitutes an infringement of the copyright in the 
work: 
Provided that this subsection shall not apply where that person was not aware and 
had no reasonable grounds for suspecting that the performance would be an infringement 
of the copyright. IP/NIJ 
Page 46 
(5) Where the copyright in a work is infringed by a public performance of the 
work, or by the playing or showing of the work public, through an apparatus for-
(a) playing sound recordings; or 
(b) showing audio-visual works; or 
(c) receiving visual images or sounds or other information conveyed by elec­
tronic means; 
the following persons shall be liable for the infringement, in addition to the person directly 
responsible for controlling and using the apparatus-
(i) a person who supplied the apparatus or any substantial part of it, if 
when he supplied it he knew or had reason to believe that the apparatus 
was likely to be used so as to infringe copyright; and 
(H) an occupier of premises who gave permission for the apparatus to be 
brought on to the premises if, when he gave permission, he knew or 
had reason to believe that the apparatus was likely to be used so as to 
infringe copyright; and 
(Hi) a person who supplied a copy of sound recording or audio-visual 
work if, when he supplied it, he knew or had reason to believe that 
what he supplied, or a copy made directly or indirectly from H, was 
likely to be used so as to infringe copyright. 
52 Owner of copyright entitled to remedies for Infringement 
(1) Subject to this Act, an infringement of copyright shaH be actionable at the suit 
of the owner of the copyright. 
(2) Subject to this Act, in any proceedings for an infringement of copyright there 
shaH be available to the plaintiff all such remedies by way of damages, interdict, attach­
ment, the rendering of account, the delivery of infringing copies or articles used or 
intended to be used for making infringing copies or otherwise, as are available in respect 
of the infringement of any other proprietary right. 
53 Rights and remedies of exclusive licensee 
(1) An exclusive licensee shall have the same rights of action and be entitled to 
the same remedies as if the licence were an assignment, and those rights and remedies shall 
be concurrent with the rights and remedies of the owner of the copyright under which the 
licence was granted. 
(2) If an exclusive licensee intends to exercise the option contemplated in subsec­
tion (1) of sectionfifty-five, he shaH give written notice of his intention to the owner of the 
copyright concerned. 
54 Forum in which remedies for infringement may be sought 
Subject to any regulations referred to in paragraph (f) of subsection (2) of section one 
hundred and thirty-five, proceedings in respect of an infringement of copyright may be 
instituted-
(a) the Tribunal; or Cb) in the High Court; or W/N/!/ZWE/CIl 
Page 47 
(c) subject to the jurisdictional limits provided for in the Magistrates Court Act 
[Chapter 7:10], in a magistrates court 
Provided that the Tribunal shall not have jurisdiction to entertain criminal 
proceedings. 
55 Damages in infringement proceedings 
(1) Damages for infringement of copyright may, at the option of the person 
seeking them, be calculated on the basis of the amount of a reasonable royalty which 
would have been payable under the circumstances by a licensee in respect of the copyright 
concerned: 
Provided that, if the person seeking damages intends to exercise this option, he 
shall give notice of his intention, in writing, to any exclusive licensee of the copyright 
concerned. 
(2) determining the amount of damages referred to in subsection 0), the Tribu-
nal or court shall take the following factors into account, in addition to all other material 
considerations-
(a) the extent and nature of the infringement; and 
Cb) the market value of the work concerned; and 
(c) the amount which could be payable to the owner in respect of the exercise of 
copyright by some other person. 
(3) Where proceedings for infringement of copyright it is established that an 
infringement was committed and the Tribunal or court, having regard to-
(a) the flagrancy of the infringement; and 
(b) the market val ue of the work concerned; and 
(c) any benefit shown to have accrued to the person responsible for the infringe­
ment as a result of it; and 
(d) the need to deter persons from committing further infringements; 
is satisfied that effective relief would 110t otherwise be available to the plaintiff or appli­
cant, the Tribunal or court shall have power to award such additional damages as it thinks 
fit. 
(4) Where in proceedings for infringement of copyright it is established that an 
infringement was committed but that at the time of the infringement the person responsi­
ble for it was not aware and had no reasonable grounds for suspecting that copyright 
subsisted in the work to which the proceedings relate, the plaintiff or applicant shall 
not be entitled under this section to any damages against that person in respect of the 
infringement. 
56 Cases where interdict not available 
In proceedings for infringement of copyright in respect of the construction of a 
building, no interdict or other order shall be made-IP/N/lIZWE/CI1 
Page 48 
Ca) after the construction of the building has been begun so as to prevent it from 
being completed; or 
(b) so as to require the building, in so far as it has been constructed, to be 
demolished. 
57 Anton Piller orders 
(1) a person who has instituted or intends instituting proceedings for infringe-
ment copyright satisfies the Tribunal or a court that, prima facie-
(a) he has a cause of action against another person which intends to pursue; 
and 
Cb) the other person has in his possession documents, infringing copies or other 
things of whatsoever nature which constitute evidence of great importance 
in substantiation of that cause of action; and 
(c) there is a real and well-founded apprehension that the documents, infringing 
copies or other things may be hidden, destroyed or rendered inaccessible 
before discovery can be made in the usual way; 
the Tribunal or court, as the case may be, may make such order as it considers neces­
sary or appropriate to secure the preservation of the documents, copies or things as 
evidence. 
(2) An order in terms of subsection (1) may be granted wjthout notice to the per­
son .who is allegedly in possession of the documents, infringing copies or other things to 
which the order relates, and the Tribunal or court may sit in camera for the purpose of 
hearing an application for such an order: 
Provided that the Tribunal or Court shaH not grant an order without such notice 
unless it is satisfied that there is a real possibility that the documents, copies or things 
be hidden, destroyed or rendered inaccessible if notice is given. 
(3) An order in terms of subsection (1) may be granted on such conditions, 
induding the giving of security by the applicant, as the Tribunal or court may fix. 
(4) This section shall not be taken to limit any power a court may have under its 
ordinary jurisdiction to grant orders such as are referred to in this section. 
58 Additional rights of owner of copyright in respect of infringing copies 
Without derogation from section fifty-two, the owner of the copyright in any 
work shall be entitled to an the rights and remedies in regard to the possession and 
use of-
(a) every infringing copy of the work; and 
(b) any article which is specifically designed or adapted for making copies of 
the work and which is being or has been used to make .infringing copies 
thereof; 
that he would be entitled to if he were the owner of the infringing copy or article. 59 Offences and penalties in respect of infringement I PIN flIZWE/C!1 
Page 49 
(1) A person shall be gUilty of an offence if, at a time when copyright subsists in 
a work, he does any of the following things in Zimbabwe without the authority of the 
owner of the copyright in the work-
(a) in relation to an article which is an infringing copy and which the person 
knows or has reason to believe is an infringing copy-
(i) he makes it; or 
(ii) otherwise than for his personal and private use, he imports it into 
babwe or exports it from Zimbabwe; or 
(Hi) in the course business, he possesses it or exhibits it in public or 
distributes it; or 
(iv) he sells it or lets it for hire or offers or exposes it for sale or hire; or 
(v) otherwise than in the course of business, he distributes it to such an 
extent that the owner of the copyright is prejudicially affected; 
(b) relation to an article which is specifically designed or adapted for making 
copies of the work and which the person knows or has reason to believe is to 
be used for that purpose-
(i) he makes it; or 
(ii) he imports it into Zimbabwe or exports it from Zimbabwe; or 
(iii) he possesses it in the course of business; or 
(iv) he sells it or lets it for hire or offers or exposes it for sale or hire. 
(2) Any person who causes a literary or musical work to be performed in public 
knowing that copyright subsists in the work and that the performance constitutes an 
infringement of the copyright, shall be guilty of an offence. 
(3) Any person who causes a broadcast to be re-broadcast or transmitted in a 
cable programme service, knowing that copyright subsists in the broadcast and that the 
re-brmi.dcast or transmission constitutes an infringement of the copyright, shaH be gUilty of 
an offence. 
(4) Any person who causes a programme-carrying signal to be distributed 
without the authority of the owner of the copyright in the signal, knowing that copyright 
subsists in the signal and that the re-broadcast constitutes an infringement of the copyright, 
shall be guilty of an offence. 
(5) A person gUilty of an offence under this section shan be liable to a fine not 
exceeding fifty thousand dollars or to imprisonment for a period not exceeding two years 
or to both such fine and such imprisonment in respect of each article to which the offence 
relates. 
60 Restriction on importation 01' exportation of infringing copies 
(1) If the owner of the copyright in any work, by written notice to the Director of 
Customs and Excise-
(a) informs the Director that he is the owner of the copyright in the work; and IP /NIl IZWE/C/ 1 
Page 50 
(b) satisfies the Director that there are reasonable grounds for suspecting that 
copies of the work which-
(i) are infringing copies; or 
(ii) would be infringing copies if they had been made in Zimbabwe; 
have been or may be imported into or exported from Zimbabwe; and 
Cc) requests the Director to treat the copies referred to in paragraph Cb) as 
prohibited goods; and 
(d) describes the copies concerned with sufficient particularity to make them 
readily identifiable; 
the Director shan forthwith comply with the request and ensure that no such copy is 
imported into or exported from Zimbabwe, and that any such copy that has been imported 
but not yet entered is not released to the importer: 
Provided that the Director need not comply with such a request until the owner of 
the copyright furnishes him with security in such fonn and for such amount as the Director 
may require to secure the fulfilment of any liability and the payment of any expense which 
he may incur as a result of the detention of any copy of the work to which the request 
relates or as a result of anything done in relation to a copy so detained. 
(2) Where a request has been made under subsection (1) and has not been with­
drawn, the importation into or exportation from Zimbabwe of any copy of the work to 
which the request relates shall be prohibited for a period of ten working days from the date 
on which the Director of Customs and Excise complIes with the'request: 
that-Provided that-
(i) if within that period the owner of the copyright concerned has 
instituted proceedings for an order in tenns of subsection (3), or 
proceedings for any other order leading to a decision on the merits of 
the matter, the importation or exportation oftlJe copies concerned shall 
continue to be prohibited until the detennination of those proceedings 
or until the court or tribunal concerned orders otherwise; 
(ii) this subsection shall. not apply to the importation or exportation of a 
single copy of the work by a person for his personal and private use. 
(3) If the owner of the copyright in any work satisfies the Tribunal or a court 
(a) he is the owner of the copyright in the work; and 
(b) there are reasonable grounds for <>elieving that infringing copies of the 
work or copies of the work which, if they had been made in Zimbabwe, 
would be infringing copies are being or may be imported into or exported 
from Zimbabwe; 
the Tribunal or court may issue an order directing the Director of Customs and Excise to 
prevent the importation or exportation, as the case may be, of every such copy of the work. 
(4) An order under subsection (3)-
(a) shall describe the copies of the work concerned with sufficient particularity 
to make them readily identifiable; and IP/Nl1/ZWE/Cil 
Page 51 
(b) may be granted subject to conditions, including the giving of security by the 
applicant and the inspection of the copies concerned. 
(5) For so long as an order in terms of subsection (3) is in force, the Director of 
Customs and Excise shall treat the copies to which the order relates as 
(a) they were prohibited from importation in ternlS of section 47 of the Customs 
and Excise Act [Chapter 23:02]; or 
(b) their exportation was prohibited for the purpose of section 61 of the 
Customs and Excise Act [Chapter 23.:02]; 
as the case may be. 
(6) The Director of Customs and Excise shaH take all necessary steps to inform 
an importer or exporter or intended importer or exporter of goods whose importation or 
exportation is prohibited by virtue of this section of the reasons for the prohibition. 
(7) While any goods are detained pursuant to a request or an order under this 
section-
Ca) person at whose instance the request or order was made; and 
(b) the importer of the goods; 
shall be given an adequate opportunity to inspect the goods in order to determine whether 
or not they are infringing copies. 
(8) Notwithstanding anything in the Customs and Excise Act [Chapter 23:02], a 
person shall not be liable to any penalty under that Act, other .than forfeiture of the goods, 
as a result of their importation or exportation being prohibited by virtue of this section. 
PART VI 
MORAL RIGHTS 
61 Right to be identified as author or director 
(1) Subject to this Part, the author of a literary work, other than a work consisting 
of words intended to be sung or spoken with music, has the right to be identified as the 
work's author for so long as copyright subsists in it, whenever-
(a) the work is published commercially, performed in public, broadcast or 
included a cable programme service; or 
(b) copies of an audio-visual work or a sound recording including the literary 
work are issued to the public. 
(2) Subject to this Part, the author of­
(a) a musical work; or 
(b) a literary work consisting of words intended to be sung or spoken with 
music; 
has the right to be identified as the work's author for so long as copyright subsists in it, 
whenever-
(0 the work is published commercially; or 
(ii) copies of a sound recording of the work are issued to the public; or lP/N/l/ZWE/CI1 
Page 52 
(Hi) an audio-visual work of which the sound-track includes the musical or 
literary work is shown in public or copies of such an audio-visual work 
are issued to the public. 
(3) Subject to this Part, the author of an artistic work has right to be identified 
as the author of the work for so long as copyright subsists in it, whenever-
(a) the work is published commercially or exhibited in public, or a visual image 
of it is broadcast or included in a cable programme service; or 
(b) an audio-visual work including a visual image of artistic work is shown 
in public or copies of such an audio-visual work are issued to the public; or 
(c) in the case of-
(i) an architectural work in the fonn of a building; or 
CH) a sculpture; or 
(iii) a work of artistic craftsmanship; 
copies of a graphic work representing it, or copies of a photograph it, are 
issued to the pUblic. 
(4) Subject to this Part, the author of an architectural work in the form of a 
building has the right, in addition to the rights conferred on him by subsection (3) and for 
so long as copyright subsists in the work, to be identified on the building as constructed 
or, where more than one building is constructed to the same design, on the first to be 
constructed. 
(5) Subject to this Part, the director of an audio-visual work has the right, for so 
long as copyright subsists in it, to be identified whenever the work is shown in public, 
broadcast or included in a cable programme service, or whenever copies of the work are 
issued to the public. 
(6) The right of identification conferred by this section shall be-
(a) in the case of commercial publication or the issue to the public of copies of 
an audio-visual work or a sound recording, the right to be identified in or on 
each copy of the work or recording or, if that is not appropriate, in some 
other manner likely to bring the identity of the author or director to the 
notice of a person acquiring a copy; or 
(b) in the case of identification on a building, the right to be identified by appro­
priate means visible to persons entering or approaching the building; or 
(c) in any other case, the right to be identified in a manner likely to bring his 
identity to the attention of a person seeing or hearing the performance, 
exhibition, showing, broadcast or cable programme in question; 
and the identification in each case shall be clear and reasonably prominent. 
(7) Any reasonable form of identification may be used for the purposes of this 
section unless the author or director specifies a pseudonym, initials or some other particu­
lar form of identification, in which event that form shall be used. JP fNIl/ZWE/C/1 
Page 53 
62 Exceptions to right to be identified 
The right of identification conferred by section sixty-one shaH not apply in relation 
to-
(a) any of the following descriptions of work-
(b) (i) a computer program; or 
(iO the design of a typeface; or 
(ili) any computer-generated work; or 
(iv) a work made for the purpose of reporting current events; or 
(v) a work in which copyright originally vested in the State or in an inter­
national organisation, unless the author or director has previously been 
identified as such in or on published copies of the work; 
or 
anything done by or with the authority 
copyright the work originally vested the owner the copyright, where 
the author's employer; or 
(c) anything done which would not amount to an infringement of the copyright 
in the work by virtue of subsection (2) of section twenty-five or section twenty­
seven, twenty-eight, twenty~nine, thirty-six,forty-one,forty-two orforty-three; 
or 
(d) publication in-
(1) a newspaper, magazine or similar periodical; or 
(il) an encyclopaedia, dictionary, yearbook or other collective work of 
reference; 
of a literary, dramatic or artistic work made for the purposes of such publica­
tion or made available with the consent of author for the purposes of 
such publication: or 
(e) anything to which the author or director concerned has consented or in 
regard to which he has waived his right. 
63 Right not to be identified as author 01' director 
(l)The author of a literary or artistic work has the right, for so long as copyright 
subsists in the work, not to be identified as its author-
(a) on any copies of the work that are issued to the public; or 
(b) in the case of a building, by any means visible to persons entering or 
approaching the building. 
(2) The director of an audio-visual work has the right, for so long as copyright 
subsists the work, not to be identified whenever the work is shown in public, broadcast 
or included in a cable programme service, or whenever copies of the work are issued to the 
public. IPIN/1/ZWE/C/l 
Page 54 
64 Right to object to derogatory treatment of work 
Cl) In this section-
"derogatory treatment", in relation to a work, means any alteration, modification 
or adaptation of a work which amounts to distortion or mutilation of the 
work or is otherwise prejudicial to the honour or reputation of its author or 
director. 
(2) Subject to this Part, the author of a literary, musical or artistic work, and the 
director of an audio-visual work, has the right, for so long as copyright subsists in the 
work, not to have a derogatory treatment of his work published commercially, performed 
or shown in public, broadcast or included in a cable programme service. 
(3) The right conferred by subsection (2) shall not apply in relation to--­
(a) an architectural work in the form of a building: 
Provided that, where the author of such a work is identified on the 
building and it is subjected to derogatory treatment, he shall have right to 
have the identification removed; or 
(b) an audio-visual work, a computer program or any computer-generated work, 
where the alteration, modification or adaptation of the work is necessary 
on technical grounds or for the purpose of its commercial exploitation; 
or 
(c) anything done which would not amount to an infringement of the copyright 
in the work by virtue of section twenty-seven; or 
(d) publication in-
(i) a newspaper, magazine or similar periodical; or 
(H) an encyclopaedia, dictionary, yearbook or other collective work of 
reference; 
of a literary, dramatic or artistic work made for the purposes of such publica­
tion or made available with the consent of the author for the purposes of 
such pUblicatipn; or 
(e) anything to which the author or director concerned has consented or in 
regard to which he has waived his right; or 
(f) anything done for the purpose of avoiding the commission of an offence or 
complying with a duty imposed by or under an enactment: 
Provided that, where such a thing is done, a clear and reasonably 
prominent indication shall be given that the work has been subjected to treat­
ment to which the author or director has not consented. IPlNll/ZWE/Cfl 
Page 55 
65 Right to privacy in regard to certain photographs and audio-visual works 
(1) Subject t.o this Part, a pers.on wh.o for private and d.omestic purp.oses c.ommis­
si.ons the taking .of a ph.ot.ograph .or the making .of an audi.o-visual work has the right, f.or s.o 
l.ong as c.opyright subsists in the w.ork, n.ot to have-
(a) c.opies .of the w.ork issued t.o the public; .or 
Cb) the w.ork exhibited .or sh.own in public; .or 
Cc) the w.ork br.oadcast.or included in a cable pr.ogramme service. 
(2) The right c.onferred by subsecti.on (1) shall n.ot apply in relati.on t.o-
(a) anything d.one which w.ould n.ot am.ount t.o an infringement .of the c.opyright 
in the w.ork by virtue .of secti.on twenty-seven, twenty-eight, thirty-six,forty­
one,forty-two .orforty-three; .or 
(b) anything t.o which the pers.on c.oncerned has c.onsented .or in regard t.o which 
he has waived his right. 
66 Transmission of moral rights 
M.oral rights shaH n.ot be transmissible during the lifetime .of the pers.on in wh.om they 
vest in terms .of secti.on sixty-one, sixty-three, sixty-four .or sixty-five, as the case may be, 
but they may be transmitted by testamentary disp.ositi.on .or by .operati.on .of law .on that 
pers.on's death. 
67 Enforcement of moral rights 
M.oral rights may be enf.orced under this Act in an respects as if the pers.ons in wh.om 
they vest were .owners .of c.opyright and infringements .of the rights were infringements of 
that c.opyright. 
PART 
RIGHTS IN PERFORMANCES 
68 Interpretation In Part VU 
(1) In this 
"exclusive recording c.ontract" means a c.ontract between a perf.ormer and an.other 
pers.on under which that person is entitled, t.o the exclusi.on.of all other per­
s.ons, including the perf.ormer, to make a recording .of a perf.ormance given 
by the perf.ormer; 
"h.older .of recording rights" means a pers.on who is entitled, under an exclusive 
rec.ording c.ontract, t.o make a rec.ording .of a performance given by a per­
former; 
"illicit rec.ording", in relati.on t.o a qualifying perf.ormance, means a rec.ording .of 
the perf.ormance which was made with.out the c.onsent required by this Part; 
"perf.ormance" means--
(a) the performance.of a dramatic.or musical w.ork; or 
(b) the reading or recitati.on .of a literary w.ork; .or !PIN/1 !ZWE/c/ I 
Page 56 
(c) the performance of a variety act or any similar presentation; or 
(d) the performance of a work of folklore as defined in section eighty; 
to the extent that it is a live performance given by one or more individuals, 
and "performer" shall be construed accordingly; 
"qualifying performance" means a performance to which this Part applies terms 
of section sixty~nine; 
"recording", in relation to a performance, means an audio-visual work or a sound 
recording-
(a) made directly from the live performance; or 
(b) made from a broadcast of, or cable programme including, the perform­
ance; or 
(c) made directly or indirectly from another recording of the performance; 
and "record" shall be construed accordingly. 
(2) Any reference in this Part to the consent of a performer shall be construed, in 
relation to a performance by a group of performers, to consent given by-
(a) the member of the group who. is generally regarded as the group's leader; or 
(b) any person to whom the group has given, expressly or impliedly, authority to 
give such consent 
(3) Any reference in this Part to the doing of anything in relation to a performance 
in cl udes the doing of that thing in relation to a substantial part of the performance. 
69 Application of Part VU: qualifying performances 
This Part shall apply to-
(a) any performance which is given Zimbabwe or in a designated country; 
and 
(b) any performance which is given elsewhere than in Zimbabwe or a desig­
nated country, if-
(i) it is given by a performer who at the time was-
. A. a citizen of Zimbabwe or a designated country; or 
B. domiciled or ordinarily resident in Zimbabwe or a designated 
country; 
or 
(ii) it is the subject of an exclusive recording contract under which the 
holder of recording rights is-
A. a citizen of Zimbabwe or a,designated country; or 
B. domiciled or ordinarily resident in Zimbabwe or a designated 
country; or 
C. a body corporate incorporated under the law of Zimbabwe or a 
designated country. 70· Perlormers' rights !/ZWE/CIl 
Page 57 
(1) Subject to this Part, a I?erformer has the right to prevent the unauthorised 
exploitation of any qualifying performance given by him. 
(2) A performer's right in terms of subsection (1) is infringed by a person who, 
without the performer's consent- . 
(a) makes a recording of a qualifying performance; or 
(b) broadcasts a qualifying performance live or includes it live in a cable pro­
gramme service; or 
(c) by means of an illicit recording, broadcasts a qualifying performance or 
includes it in a cable programme service; or 
(d) imports ttn illicit recording of a qualifying performance into Zimbabwe or 
exports it from Zimbabwe, otherwise than for his personal and private use; 
or 
(e) in the course of a business, sells or lets for hire, offers or exposes for sale or 
distributes an illicit recording of a qualifying performance. 
(3) In any proceedings for an infringement of a performer's right in terms of sub­
section (1), it shall be a defence for the person responsible for the alleged infringement to 
show-
(a) in relation to an infringement specified in paragraph (a). or (b) of sub­
section (2), that he believed on reasonable grounds that the performer had 
consented to the recording or broadcast being made or to the performance 
being included in the cable programme service, as the case may be; 
(b) in relation to an infringement specified in paragraph (c), (d) or (e) of subsec­
tion (2), that he did not know and had no reason to believe that the recording 
concerned was an illicit recording. 
Right of performer to remuneration for commercial use of sound 
recording of performance 
(1) Subject to this section, where a sound recording of a performance is used for 
commercial purposes, the performer concerned or, if there are two or more such perform­
ers, those performers jointly shall be entitled to half the royalty payable in respect of that 
use to the owner of any copyright the sound recording. 
(2) The owner of copyright in the sound recording concerned shall be responsible 
for paying the performer or performers the amount payable to them in terms of sub­
section (1). 
(3) This section shall not apply to any performer who­
(a) has waived his rights under this section; or 
(b) is entitled to a royalty in respect of the use of the sound recording concerned. 
(4) For the purposes of this section, a sound recording shan be regarded as used 
for commercial purposes if it 
(a) published; or IPfN/1/ZWE/C/J 
Page 58 
Cb) broadcast or included in a cable programme service; or 
(c) played in public; 
in the course of business or for the commercial or financial advantage, direct or indirect, of 
the person by or on whose behalf the recording is so published, broadcast, included or 
played. 
12 Rights of holders of recordirig rights to pertormarices 
(1) Subject to this Part, a holder of recording rights under an exclusive recording 
contract has the right to prevent the illicit recording of a qualifying perfonnance or the 
exploitation of any such recording. 
(2) The right conferred by subsection (1) on a holder of recording rights is 
infringed by any person who, without his consent-
(a) makes a recording of a qualifying perfonnance; or 
(b) broadcasts a qualifying performance live or includes it live a cable 
programme service; or 
(c) by means of an illicit recording, broadcasts a qualifying performance or 
includes it in a cable programme service; or 
(d) imports an illicit recording of a qualifying perfonnance into Zimbabwe or 
exports it from Zimbabwe, otherwise than for his private and domestic use; 
or 
(e) in the course of business, sells or lets for hire, offers or exposes for sale, or 
distributes an illicit recording of a qualifying perfonnance. 
(3) In any proceedings for infringement of the right conferred by subsection (1) 
on a holder of recording rights, it shall be a defence for the person responsible for the 
alleged infringement to show-
(a) in relation to an infringement specified paragraph (a) or (b) of subsection· 
(2), that he believed on reasonable grounds that-
(i) the holder of recording rights had consented to the recording or broad~ 
cast being made or to the perfonnance being included in the cable 
progranune service, as the case may be; or 
(H) the perfonner concerned had consented to the recording or broadcast 
being made or to the performance being included in cable 
programme service, as the case may be, and that the performer was 
entitled to give such consent; 
(b) in relation to an infringement specified in paragraph (c), (d) or (e) of subsec­
tion (2), that he did not know and had no reason to believe that the recording 
concerned was an illicit recording. 
13 Exceptioris to rights of pertormers arid holders of recordirig rights 
(1) The rights of a perfonner or a holder of recording rights under this Part shall 
not be infringed by-IP IN I1IZWE/CIl 
Page 59 
(a) anything done in relation to a performance which would not be an infringe­
ment of a copyright work by virtue of subsections (1), (2) and (4) of section 
twenty-five or section twenty-six, twenty-eight, twenty-nine, thirty, thirty-six, 
forty-one,forty-two,forty-three orfortyJour; or 
(b) such other acts as may be prescribed: 
Provided that, when prescribing any such acts, the Minister shall 
have regard to Zimbabwe's obligations under any international convention, 
treaty or agreement. 
(2) A p~rformance of a work of folklore to which Part VUI applies may be 
recorded for the purpose of including it i.n an archive which is not rnaintained for 
commercial purposes, and such a recording shall not be regarded as infringing the 
performer's right under section seventy. 
74 Tribunal's power to give consent on behalf of performer 
(1) Notwithstanding any other provision of this Part, tne Tribunal may, on the 
application of a person who wishes to make a recording from a previous recording of a 
qualifying performance, give consent on behalf of a performer where-
Ca) the identity or whereabouts of the performer cannot be ascertained by 
reasonable inquiry; or 
(b) the performer unreasonably withholds his consent. 
(2) In deciding whether or not to give consent in terms of subsection (1), 
Tribunal shall take into account whether or not-
Ca) the previous recording of the performance was made with the performer's 
consent and is lawfully in the possession of the person who proposes to make 
the further recording; 
(b) the making of the furtherrecording is consistent with the purposes for which, 
or the arrangements under which, the previous recording was made. 
(3) The Tribunal shaH not give consent in the circumstances referred to in para­
graph Cb) of subsection (1) unless it is satisfied that the performer's reasons for withhold­
ing his consent do not include the protection of any legitimate interest of his: 
Provided that, if the perfornler does not disclose his reasons for withholding his 
consent, the Tribunal may draw such inferences as it thinks fit. 
(4) Consent given by the Tribunal in terms of subsection (1) may be on such 
terms and conditions, including conditions relating to the payment to be made to the per­
former concerned, as the Tribunal thinks fit to impose. 
(5) Consent given by the Tribunal in terms of subsection (1) shaH be deemed, for 
the purposes of this Part, to have been given by the performer concerned. 
75 Duration of rights of performers and holders of recording rights 
(1) Subject to subsection (2), the rights conferred by this Part on performers and 
holders of recording rights shall continue to subsist in relation to a performance until the 
end of fifty years from the end of the calendar year in which the performance took place. IP/NI1 IZWE/C/1 
Page 60 
(2) A performer's right to payment under section seventy-one shall subsist for so 
long as copyright subsists in the sound recording concerned. 
, 
76 Transmission of rights of performers and holders of recording rights 
(1) The right conferred on a performer by section seventy shall be personal to the 
performer: 
Provided that he may dispose of it by will and, upon his death, it shall devolve in 
the same way as any proprietary right. 
(2) The right conferred on a holder of recording rights by section seventy-two 
may be transmitted in the same way as any copyright in terms of Part IV. 
71 Enforcement of right$ of performers and holders of recording rights 
The rights conferred by this Part may be enforced under this Act in an respects as if 
the persons in whom they are vested were owners of copyright and infringements of the 
rights were infringements of that copyright. 
18 Criminal liability for infringement of rights of performers and holders of 
recording rights 
(1) Any person who-
(a) makes an illicit recording of a performance; or 
Cb) imports an illicit recording of a performance into Zimbabwe or exports it 
from Zimbabwe, otherwise than for his personal and private use; or 
Cb) in the course of business, possesses an illicit recording of a performance or 
exhibits it in public or distributes it; or 
(c) sells an illicit recording of a performance or lets it for hire or offers or 
exposes it for sale or hire; 
knowing or having reasonable grounds for believing that it is an illicit recording, shall be 
guilty of an offence and liable to a fine not exceeding fifty thousand dollars or to imprison­
ment for a period not exceeding two years or to both such fine and such imprisonment. 
(2) Any person who causes an illicit recording to be performed in public, know­
ing or having reasonable grounds for believing that it is an illicit recording, shall be guilty 
of an offence and liable to a fine not exceeding fifty thousand dollars or to imprisonment 
for a period not exceeding two years or to both such fine and such imprisonment. 
(3) Any person who causes an illicit recording to be broadcast or transmitted in 
a cable programme service, knowing or having reasonable grounds for believing that it is 
an illicit recording, shall be gUilty of an offence and liable to a fine not exceeding fifty 
thousand dollars or to imprisonment for a period not exceeding two years or to both such 
fine and such imprisonment. JP/N/l/ZWE/C/l 
Page 61 
(4) Any person who falsely represents that he is authorised to give consent for 
the purposes of this Part in relation to a performance, not having reasonable grounds for 
believing that he is so authorised, shall be gUilty of an offence and liable to a fine not 
exceeding two thousand five hundred dollars or to imprisonment for a period not exceed­
ing six months or to both sUyh fine and such imprisonment. 
79 Rights under Pent vn additional to copyright and moral rights 
The rights conferred on performers and holders of recording rights by this Part shall 
be independent of and additional to-
(a) any copyright subsisting in, or right conferred by Part VI relating to­
(i) any work performed in any performance; or 
(ii) any audio-visual work or other record of any performance; or 
(Hi) any broadcast or cable programme including any performance; 
or 
(b) any other right or obligation arising in respect of a performance otherwise 
than under this Part. 
PARTVIU 
WORKS OF FOLKLORE 
80 Interpretation in Part VIII 
this Part-
"appropriate local authority" means a local authority to which rights in relation to 
a work of folklore have been reserved in terms of paragraph (b) of subsec­
tion (l) of section eighty-one; 
"community" means a community of persons that has inhabited Zimbabwe con­
tinuously since before the year 1890 and whose members share the same 
language or dialect or the same cultural values, traditions or customs; 
"public institution" means any association or body, whether corporate or 
unincorporated, established by or under an enactment, which is engaged 
in the promotion, preservation or development of works of folklore, and 
includes a museum, library, art gallery, arts foundation or arts group; 
"reservation" means a reservation under subsection (l)of section eighty-one of 
any rights in relation to a work of folklore; 
"reserved work of folklore" means a work of folklore in respect of which a reser­
vation has been made; 
"work of folklore" means a literary, musical or artistic work, whether or not it is 
recorded, of which-
(a) no person can claim to be the author; and 
(b) the form or content is embodied in the traditions peculiar to one or 
more communities in Zimbabwe; 
and indudes-
(i) folk tales, folk poetry and traditional riddles; and 
(ii) folk songs and instrumental folk music; and IPIN/I/ZWE/CI1 
Page 62 
(Hi) folk dances, plays and artistic forms of ritual; and 
(iv) productions of folk art, in particular drawings, paintings, sculptures, 
pottery,_ woodwork, metalwork, jewellery, baskets and costumes. 
81 Reservation of rights in works of folklore 
(1) Subject to this section, the Minister may, by notice in the Gazette, reserve­
(a) to the President the exclusive right to authorise the doing of anyone or 
more of the things referred to in section seventeen or eighteen in relation to 
a work of folklore whose form or content is embodied in the traditions of all 
communities within Zimbabwe; or 
(b) to a local authority the exclusive right to do or authorise the doing of anyone 
or more of the things referred to in section seventeen or eighteen in relation 
to a work of folklore whose form or content is embodied in the traditions of 
any community a substantial number of whose members reside within the 
area of the local authority: 
Provided that, where substantial numbers of members of a particu­
lar community reside within the areas of two or more local authorities, the 
Minister may reserve such rights to any or an of such local authorities, or 
apportion the rights amongst them. 
(2) Before making a reservation, the Minister shaU-
(a) consult any Minister responsible for culture and, in the case of a work of 
folklore peculiar to a particular community, any member of that community 
engaged in the promotion, preservation or development of such works of 
folklore; and 
(b) publish a notice the Gazette, and in such newspaper or newspapers as he 
considers appropriate, of his intention to make the reservation. 
(3) A notice published in terms of paragraph (b) of subsection (2) shaU-
(a) describe as accurately as possible the work of folklore concerned and the 
rights tnat are proposed to be reserved; and 
(b) specify whether the Minister intends to make the reservation in favour of the 
President or an appropriate local authority and, in the latter event, identify 
the local authority; and 
(c) invite persons who wish to object to the proposed reservation to submit their 
objections to the Minister, in writing, within a reasonable period after 
publication of the notice. 
(4) Before the Minister makes a reservation he shall pay due regard to any. 
objections that may be submitted in response to a notice published in terms of paragraph 
(b) of subsection (2). 
(5) A notice embodying a reservation under subsection (1) shaU-
(a) describe as accurately as possible the work of folklore in respect of which 
the reservation is made;. and IPINIIIZWE/CI1 
Page 63 
(b) specify the rights that are reserved in relation to the work of folklore 
concerned; and 
(c) specify whether the reservation is made in favour of the President or an 
appropriate focal authority and, in the latter event, identify the local 
authority; and 
(d) specify the date from which the rights are reserved, which date shall not be 
earlier than one month after the date of publication of the notice. 
82 Effect of reservation 
(1) Subject to this Part-
(a) no person who is not a public institution or a citizen of Zimbabwe shall do 
anything or cause anything to be done in Zimbabwe in relation to a reserved 
work of folklore, where the right to do that thing has been reserved to the 
President; 
(b) no person who is not a public institution or a member of the community 
concerned shall do anything or cause anything to be done Zimbabwe in 
relation to a reserved work of folklore, where the right to do that thing has 
been reserved to an appropriate local authority; 
except in accordance with a licence under section eighty-five. 
(2) Any person who contravenes subsection (1) shall be guilty of an offence, 
unless he satisfies the court that he did not know and had no reason to believe that the work 
of folklore concerned was a reserved work of folklore. 
(3) A person who is guilty of an offence in terms of subsection (2) shall be liable 
to a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding 
one year or to both such fine and such imprisonment. 
83 Restriction on importation or exportation of copies of reserved works 
of folklore 
Section sixty shall apply, mutatis mutandis, to the importation or exportation of 
copies of any reserved work of folklore made in contravention of this Part as if-
(a) the Minister were the owner ·of the copyright in the reserved work of folk­
lore, where rights in it have been reserved to the President; or 
(b) the appropriate local authority concerned were the owner of the copyright 
the reserved work of folklore, where rights in it have been reserved to such 
an authority. 
84 Freedom to do. certain things in relation to reserved works· of folklore 
(1) Notwithstanding any other provision of this Part, anything that may be done 
in terms of section twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty­
one, thirty-six, thirty-seven,forty-one,forty-two,forty-three or forty-four without infring­
. ing the copyright in a work may be done in relation to a reserved work ·of folklore without 
a licence granted under section eighty-five. 1 PINIlIZWE/CIl 
Page 64 
(2) Any person may do any of the things referred to section seventeen or eight­
een in relation to a reserved work of folklore-
(a) otherwis~ than for gain, if he does not prejudice the rights of any person to 
whom a licence-has been granted under section eighty-five; or 
(b) for gain, if-
(i) where the right to do the thing has been reserved to the President, he is 
a citizen of Zimbabwe and he does the thing for his personal gain or for 
the gain of other persons who are citizens of Zimbabwe; 
(ii) where the right to do the thing has been reserved to a community, he is 
a member of that community and he does the thing for his personal 
gain or for the gain of other persons who are members- of that 
community. 
(3) Any person may use a reserved work of folklore to create an original work. 
85 Licensing of reserved works of folklore 
(1) Subject to this section-
(a) the Ministermay grant a written licence to any person or class of persons 
authorising him or them, as the case may be, to do anything in relation to a 
reserved work of folklore, where the right to do that thing has been reserved 
to the President; 
(b) the appropriate local authority concerned may grant a written licence to any 
person or dass of persons authorising him or them, as the case may be, to do 
anything in relation to a reserved work of folklore, where the right to do that 
thing has been reserved to the appropriate local authority: 
Provided that neither the Minister nor an appropriate local authority shall grant an 
exclusive licence to any person. 
(2) A licence granted under subsection (1) may require the licensee to pay a fee 
for doing anything under the licence, and any such fee shall be paid into-
(a) the Consolidated Revenue Fund, where the licence is granted by the 
Minister; and· 
(b) revenues of the appropriate local authority concerned, where the licence 
is granted by such a local authority: 
Provided that the appropriate local authority shall apply the fee in 
such manner as the appropriate local authority considers will benefit 
members of the community concerned or any dass of such members. 
(3) No licence granted under subsection (1) shan have effect unless it is regis­
tered in terms of Part XI. 
(4) The Minister or an appropriate local authOlity may, on fourteen days' written 
notice to the licensee, revoke a licence granted under subsection (1) on such reasonable 
grounds as the Minister or the appropriate local authority, as the case may be, shall specify 
in the notice: 
Provided that-lP/Nil 
Paae 65 '" 
(i) where the licence has been granted to a class of persons, notice of 
revocation may be given by notice in the Gazette; 
(H) no such revocation shall have effect until it has been recorded in the 
Register in terms of Part XI. 
(5) The Minister or an appropriate local authority may assign his or its right to 
grant licences under subsection 0) to any public institution, and this section shaH apply, 
mutatis mutandis, relation to any licence granted by that public institution: 
Provided that no such assignment shall have effect until­
(a) its terms have been published in the Gazette; and 
(b) it has been registered in terms of Part XI. 
(6) For the purposes or any proceedings berore the Tribunal, a licence granted 
under subsection (1) shall be deemed to be a non-exclusive licence granted by the Minister, 
the appropriate local authority concerned or the public institution referred to in subsection 
(3), as the case may be. 
86 Appeal to Tribunal against decisions of Minister or appropriate local 
authority 
(1) Any person who is aggrieved by any decision 
(a) the Minister, in respect of the reservation of a work of folklore; or 
(b) the Minister, an appropriate local authority or a public institution to which 
rights have been assigned in terms of subsection (5) of section eighty-five, in 
regard to the issue or refusal of a licence terms of that section or any terms 
and conditions of such a licence; 
may appeal to the Tribunal against that decision. 
(2) On an appeal in terms of subsection (1), the Tribunal may confirm, vary or set 
aside the decision appealed against or make such other order in the matter as it considers 
appropriate. 
(3) Without derogation from subsection (2), on an appeal in terms of subsection 
(1), the Tribunal may direct the Minister, the appropriate local authority or public institu­
tion concerned to grant a licence in terms of section eighty-five on such terms and 
conditions, including terms and conditions as to payment of a fee, as the Tribunal may 
specify. 
PART IX 
COPYRIGHT OFFICE, COPYRIGHT REGISTER, CONTROLLER AND OTHER OFFICERS 
87 Copyright Office 
There shall be an office, to be called the Copyright Office, for the registration 
copyright and other matters in tenns of this Act. lP/N/1/ZWE/C/I 
Page 66 
88 Copyright Register 
(1) 'There shall be kept at the Copyright Office a· register to be known as the 
Copyright Register, in which shall be entered such particulars as may be prescribed in 
relation to the rights and other matters that are required or permitted in terms of this Act to 
be registered in the Register. 
(2) Notwithstanding subsection (1), regulations in terms of section one hundred 
and thirty-five may provide for different registers to be kept in respect of different rights, 
works or matters or classes thereof, or for the Register to be divided into different parts for 
the registration of such different rights, works or matters or classes thereof. 
(3) Subject to this Act, the Register shall be open to inspection at all convenient 
times by members of the public, on payment of the prescribed fee, if any. 
(4) The Registrar shall provide a certified copy of any entry in 
person who requests it and who pays the prescribed fee. Register to any 
89 Controller, Registra.r and other officers 
(1) There shall be-
(a) a Controller of Copyright; and 
(b) one or more registrars of copyright; and 
(c) such examiners and other officers as may be necessary to carry out the 
provisions of this Act; 
whose offices shall be public offices and form part of Public Service. 
(2) The Controller shall exercise general supervision and direction over the Copy­
right Office. 
(3) 
for-
(a) 
Cb) 
\c) 
(d) 
(e) Subject to the directions of the Controller, the Registrar shaH be responsible 
maintaining the Register; and 
registering collecting societies, rights and other matters in terms of Parts X 
and XI; and 
considering and dealing with references and applications in terms of Parts 
X, X and XII; and 
supervising the activities collecting societies; and 
generally, doing anything else he is required to do by or under this Act or any 
other enactment. 
(4) If the Controller so directs, an officer referred to in paragraph (c) of subsec­
tion (1) shall have power to exercise, subject to the Controller's supervision and direction, 
any function exercisable by the Registrar in terms of this Act or any other enactment. !PINIl/ZWE/C/l 
Page 67 
90 Seal of Copyright office 
(1) The Copyright Office shall have a seal of a design approved by the Minister, 
and impressions of the seal shall be judicially noticed. 
(2) Where a document bears an impression of the seal referred to in subsection 
(1), it shaH be presumed unless the contrary is proved that the document was issued by the 
Registrar for the purposes of this Act. 
PART X 
COLLECTING SOCIETIES 
91 Collecting societies to be registered 
(1) No person shaH operate or carry on the business of a collecting society in 
Zimbabwe unless the society is registered. 
(2) No person shall act as the agent of a collecting society in Zimbabwe unless­
(a) he knows or has reason to believe that the society is registered; m 
Cb) the society is established or constituted outside Zimbabwe and he performs 
the act in the course of his duties as an officer or employee of a collecting 
society which is registered. 
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence 
and liable to a fine not exceeding ten thousand dollars or to imprisonment for a period not 
exceeding six months or to both such fine and such imprisonment. 
92 Application for registration of collecting society 
(1) An application for the registration of a collecting society may be made, 
subject to this Part, by any person duly authorised by the society concerned. 
(2) An application under subsection (1) shall be made in the prescribed form and 
manner and shall be accompanied by-
that-Ca) such documents and other information as may be prescribed or as the 
Registrar may reasonably require; and 
(b) a list of the classes of works in which the society owns the copyright or 
whose copyright owners the society intends to act for or represent; and 
(c) the prescribed fee. 
(3) The Registrar shall accept an application under subsection (1) ifhe is satisfied 
(a) an the prescribed requirements have been met in regard to the application; 
and 
(b) the society is controlled by individuals who are citizens of Zimbabwe or 
ordinarily resident in Zimbabwe; and IP/NI1IZWE/CI1 
Page 68 
(c) the management of the society is vested a committee or board consisting 
of at least five persons elected by members of the society, at least two of 
whom are authors, artists or performers whose rights are managed by the 
society; and 
(d) the society-
(i) owns the copyright in a substantial number of works of the class or 
classes specified in the application; or 
(h) acts for or represents, either directly or through arrangements with other 
collecting societies, a substantial number of owners of copyright in 
works of the class or classes specified in the application; 
and 
(e) the society is capable of ensuring the enforcement of the rights of the copy­
right owners and other persons whom it will act for or represent; 
and, subject to subsection (4), if he is not so satisfied he shall refuse the application. 
(4) If an applicant has not been able to satisfy the Registrar as to any matter 
referred to in subsection (3) but the Registrar considers that he will be able to do so before 
a final decision is made on the application, the Registrar may accept the application subject 
to such modifications, conditions or limitations as may be appropriate. 
(5) The Registrar may at any time, whether before or after acceptance of the 
application, correct any error in or in connection with an application under subsection (1). 
(6) At the request of a person whose application under subsection (1) has been 
refused or accepted subject to modifications, conditions or limitations, and on payment of 
the prescribed fee, the Registrar shan provide him, in writing, with the grounds for his 
decision and the information he used in arriving at the decision. 
(7) Where the Registrar has proyided an applicant with grounds for his decision 
in terms of subsection (6), in any subsequent appeal to the Tribunal arising out of that 
decision-
(a) the appeal shall be determined on the information which the Registrar stated 
he used in arriving at his decision and on any further information the appli­
cant may have laid before him; and 
(b) the Registrar may take no further grounds of objection to the application 
other than those stated by him, except with the leave of the Tribunal, and 
where the Tribunal gives the Registrar such leave the applicant shaH be 
entitled, on giving the prescribed notice, to withdraw his appeal without 
payment of costs. 
93 Duration of registration of collecting society 
Subject to section ninety jour, the registration of a coHectmg society shall continue 
for so long as the society remains in existence. 
94 Cancellation of registration of coUecting society 
(1) Subject to subsection (2), the Registrar may, on his own initiative or on appli­
cation by any interested person, cancel or amend the registration of a collecting society if 
he is satisfied that the society-1 P 1Nl I IZWE/CI I 
Page 69 
(a) has contravened or failed to comply with any provision of this Act or any 
direction or order made or given to it under this Act; or 
(b) no longer owns the copyright in any of the classes of works in respect of 
which it was registered; or 
(c) no longer acts for or represents the copyright owners of any of the classes of 
works in respect of which it was registered. 
(2) Before cancelling or amending the registration of a collecting society in terms 
of subsection (1), otherwise than at the request of the society concerned, the Registrar shaH 
give .the society a reasonable opportunity to make representations in the matter. 
95 Application of provisions of Part XI to registration of collecting 
societies 
Sections ninety-nine to one hundred and one, subsection (1) of section one hundred 
and 11110, subsection (3) of section one hundred and three, sections one hundred and/our 
and one hundred andfive and sections one hundred and seven to one hundred and ten shall 
apply, mutatis mutandis, in respect of the registration of collecting societies in terms of this 
Part. 
PART XI 
REGISTRATION OF CERTAIN RIGHTS AND OTHER MATTERS 
96 Interpretation in Part XI 
In this 
"registrable work" means-
(a) an audio-visual work; or 
(b) a computer program; or 
(c) such other work or class of workS as may be prescribed. 
91 Matters that may be registered under Part XI: purpose of registration 
(1) The following may be registered in accordance with this Part-
(a) copyright in a registrable work; and 
(b) any assignment of or licence in respect of copyright in any work, whether 
the work is registrable or not; and 
(c) any licence in respect of a reserved work of folklore granted under section 
eighty-five, and any assignment of such a licence. 
(2) For the avoidance of doubt it is declared that the purpose of registering rights 
referred to in paragraph (a) or (b) of subsection (1) is not to create copyright in a work or to 
. limit the rights that may be exercised in regard to any copyright, but rather to facilitate 
proof of-IP/N/1/ZWE/C/l 
Page 70 
(a) the existence, extent and ownership of anycopydght that may exist a 
. work by virtue of any other Part of this Act; and 
Cb) any assignment of, or licence granted in respect of, any such copyright; 
98 Application for registration 
(1) An application for registration in the Register of-
(a) copyright in a registrable work may be made, subject to this Part, by or on 
behalf of the owner of the copyright; 
Cb) an assignment or licence of copyright in a work may be made, subject to this 
Part, by or on behalf of the owner of the copyright or. by or on behalf of the 
licensee, as the case may be; 
(c) a licence in respect of a reserved work of folklore granted under section 
eighty-five may be made, subject to this Part, by or on behalf of the licensee 
or the Minister, local authority or public institution by whom the licence was 
granted. 
(2) An application under subsection (1) shaH be made in the prescribed form and 
manner and within the prescribed period, if any, and shall be accompanied by-
(a) such documents and other information as may be prescribed or as the 
Registrar may reasonably require; and 
(b) the prescribed fee. 
(3) The Registrar shaH accept an application under paragraph (a) or (b) subsec­
tion (1) for the registration of any copyright, or any assignment or licence of any copyright, 
if he is satisfied that-
(a) all the prescribed requirements have been met in regard to the application; 
and 
(b) the work concerned enjoys copydght in terms of this Act; and 
(c) in the case of an assignment or licence, that it has been duly granted in 
accordance with this Act; and 
(d) the application is being made by or on behalf of the owner or licensee, as the 
case may be, of the copyright in the work concerned; 
and, subject to subsection (5), if he is not so satisfied he shall refuse the application. 
(4) The Registrar shall accept an application under paragraph (c) of subsection 
(1) for the registration of a licence in respect of a reserved work of folklore if he is satisfied 
that-
(a) all the prescribed requirements have been met regard to the application; 
~nd 
(b) the licence has been duly granted under section eightyJive; and fP/NI1/ZWE/CII 
Page 71 
(c) the application is being made by or on behalf of the licensee or by or on 
behalf of the Minister, local authority or public institution by whom the 
licence was granted; 
and, subject to subsection (5), if he is not so satisfied he shall r~fuse the application. 
(5) If an applicant has not been able to satisfy the Registrar as to any matter 
referred to in subsection (3) or (4) but the Registrar considers that he will be able to do so 
before a final decision is made on the application,-the Registrar may accept the application 
subject to such modifications, conditions or limitations as may be appropriate. 
(6) The Registrar may at any time, whether before or after acceptance of the 
application, correct any error in or in connection with an application under subsection (1). 
(7) At the request of a person whose application under subsection (l) has been 
refused or accepted subject to modifications, conditions or limitations, and on payment of 
the prescribed fee, the Registrar shaH provide him, in writing, with the grounds for his 
decision and the information he used in arriving at the decision. 
(8) Where the Registrar has provided an applicant with grounds for his decision 
in terms of subsection (7), in any subsequent appeal to the Tribunal arising out of that 
decision-
(a) the appeal shall be determined on the information which the Registrar stated 
he used in arriving at his decision and on any further information the appli­
cant may have laid before him; and 
(b) the Registrar may take no further grounds of objection to the application 
other than those stated by him, except with the leave of the Tribunal, and 
where the Tribunal gives the Registrar such leave the applicant shall be 
entitled, on giving the prescribed notice, to withdraw his appeal without 
payment of costs. 
99 Advertisement of accepted application 
(1) Where'the Registrar has accepted an application under section ninety-eight, 
whether absolutely or subject to conditions or limitations, the applicant shall without delay 
cause the application as accepted to be, advertised in the prescribed manner, and the 
advertisement shaH set forth any conditions and limitations subject to which the appli­
cation was accepted: 
Provided that the Registrar may require an application to be advertised before 
acceptance in any case where he considers that there are exceptional circumstances which 
make it expedient to do so, and where an application has been so advertised the Registrar 
may, if he thinks fit. require it to be advertised again after it has been accepted. 
(2) After advertisement in terms of subsection (1), the application and any docu­
ments that were lodged in support of the application may be inspected by members of the 
public, on payment of the prescribed fee, at all convenient times during office hours at the 
office of the Registrar. IZWE/C/1 
Page 72 
(3) If an application is not advertised in terms of subsection (1) within six months 
after the Registrar has accepted the application, or within such longer period as the Regis­
trar may allow, it shall be deemed to have been abandoned. 
100 Opposition to registration 
(1) Within two months after an application has been advertised in terms of section 
ninety-nine, or within such longer period as the Registrar may allow, any person may give 
notice to the Registrar of opposition to the registration, which notice shaU-
(a) be given in writing the prescribed manner; and 
(b) set out the grounds of opposition. 
(2) The Registrar shall send the applicant a copy of any notice of opposition in 
terms of subsection (1) and, within one month after receiving it or within such longer 
period as the Registrar may allow, the applicant may send to the Registrar in the prescribed 
manner a counter-statement setting out the grounds on which he relies in support of his 
application. 
(3) If an applicant does not send the Registrar a counter-statement terms of 
subsection (2) he shall be deemed to have abandoned his application. 
(4) As soon as possible after receiving a counter-statement in terms of subsection 
(2), the Registrar shall send a copy of it to every person who gave notice of opposition to 
the application. 
101 Decision on application for registration 
(1) If, after an application has been advertised in terms of section ninety-nine­
(a) the Registrar has not received a notice of opposition in terms of section one 
hundred within the period specified in that section; and 
(b) the Registrar is satisfied as to the matters and circumstances referred to in 
subsections (3), (4) and (5), as the case may be, of section eighty-nine; 
the Registrar shall proceed to register the right or matter concerned. 
(2) If the Registrar has received a notice of opposition and counter-statement in 
. terms of section one hundred, he shall consider the submissions made therein and, if he 
considers it necessary or if he is required to do so by either party, shall hear any evidence 
the parties wish to adduce, and thereupon without delay shall proceed to-
(a) reject the application concerned; or 
(b) register the right or matter concerned; or 
(c) refer the matter to the Tribunal in terms of subsection (3). 
(3) Where-
(a) the Registrar considers that it is desirable to do so because any point of 
law involved or the unusual importance or complexity of the matter; or 
(b) the applicant and all persons who have given notice of opposition so request; 
the Registrar may refer an application to the Tribunal for decision and shall thereafter act in 
the matter in accordance with the Tribunal's decision. IP/Nf1 IZWE/C/1 
Page 73 
(4) When entering in the Register the registration of an assignment or licence that 
has been granted for a limited term, the Registrar shall specify its duration. 
(5) When entering the registration of a collecting society in the Register, the 
Registrar shall specify the classes of works in respect of which the society is registered. 
(6) The Registrar may register any right or matter in terms of this section subject 
to such modifications, conditions Of limitations as may be orescribed. 
(7) On registering any right or matter In terms of this section, the Registrar shaH 
issue the applicant with a celtificate of registration in the prescribed form. 
102 Effective date and duration of registration 
(1) Where the Registrar registers any right or matter in terms of section 011C hun­
dred and one, he shall do so with effect from the date on which the application for its 
registration was lodged, and that date shall be deemed to be the date of its registration for 
the purposes of this Part. 
(2) The registration of--
(a) copyright in a registrable work shall continue for so long as copyright 
subsists in the work; 
(b) an assignment Of licence, induding a licence in respect of a reserved work of 
folklore, shaH continue for so long as the assignment or licence remains in 
force; 
(c) a conecting society shan continue for so long as the society remains 
existence; 
unless the registration is deleted or cancelled earlier in terms of section one hundred and 
six or one hundred and seven. 
1-03 Power of Registrar to allow amendments to applications and documents 
(1) Where the copyright in a registrable work which is the subject of a pending 
application for registration under thi~ Part has been assigned or re-assigned after the appli­
cation was lodged, the Registrar may on application allow the assignee to be substituted as 
applicant. 
(2) Where rights under an assignment or licence which is the subject of a pending 
application for registration under this Part have been transferred to another person after the 
application has been lodged, the Registrar may on application anow the transferee to be 
substituted as applicant. 
(3) At any time before the registration of any right or matter under this Part, the 
Registrar may allow the amendment of the application or of any document relating to the 
application, on such terms as he thinks fit. 
104 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Part shall be given 
by affidavit: IPIN/1 IZWE/C/l 
Page 74 
Provided that the Registrar may, if he thinks fit in any p::trticular case, take oral 
evidence on oath in lieu of or in D.ddition to such evidence. 
(2) The Registrar may, in any proceedings before him under this Part-
(a) allow any witness to be cro<;,,-examined on hi" affidavit or oral evidence; 
(b) decide the hours, times and places at which he will SI!. 
(3) For the purposes of any proceedings before him under this Part, the Registrar 
shall have the same powers, rights and privileges as are conferred upon a commission::r by 
the Commissions of Inquiry Act [elu/plcr 1O:07J, other than the pov,er to order a person to 
be detained in custody, and sections 9 to 13 and 15 to 19 of that }\ct shall apply, mutatis 
mutandis, in relation to the hearing and determination of any matter before the Registrar 
under this Part and to any person summoned to give evidence or giving evidence before 
him. 
105 Duty of Registrar to give .opportunity to make representations 
The Registrar ~,hal1 not exercise any discretionary po\ver given to him under this 
Part in a manner which uJversely affects the rights of ~my person unle~;s he has given th:1t 
person a reasonable opportunity to make representations in the matter, either personally or 
by his agent. 
106 Power of Registrar to rectify Register 
(1) Slibject to section one hundred and five, the Registrar may, on his own 
initiative or on application by any interested person, alter any entry in the Register by--
(a) cO!Tecting any error in any name or address recorded therein; 
(b) altering the name or address of a person 'N110 has changed his name or 
address; 
(c) cancelling the registration of any copyright, assignment or licence, where he 
is satisfied that it has ceased to exist; or 
(d) cancelling or amending the registration of any collecting society, where he is 
satisfied that it no longer--
(i) owns the copyright in any of the classes of works in respect of which it 
was registered; or 
(ii) acts for or represents the copyright ovmers of any of the classes of 
works in respect of which it was registered; 
or 
Cc) altering the name of any registrab1c work, where' he is smisfied that it has 
changed; or 
(0 deleting any elToneous entry from the Register: or 
(g) correcting any other error in the entry concerned. 
(2) An application for the correction of an entry under subsection (1) shall be 
made in the prescribed form and manner and shall be accompanied by the prescribed fee. 107 Power of Tribunal to rectify Register 
( 1) Any interested person who maintains that-fPfNl1/ZWE/CI1 
Page 75 
(a) any entry was made in the Register without sufficient cause; or 
(b) any entry wrongly remains in the Register; or 
(c) there i::; any error or defect in the Register; 
may apply 10 the Tribunal for the rectification of the Register by the deletion or correction 
bf the entry concerned. 
(2) If the Registrar is satisfied that any entry in the Register­
(a) has been secured by fraud or misrepresentation; or 
(b) was made without sufficient cause or wrongly remains on the Register; 
he may apply to the Tribunal for an order rectifying the Register by the deletion or correc­
tion of the entry concerned. 
(3) an application under subsection (1) or (2), the Tribunal may decide any 
question that may be necessary or expedient for it to decide in connection with the rectifi­
cation of the Register, and may make such order in connection with the application as it 
thinks fit. 
(4) An order of the Tribunal rectifying the Register shall be directed to the Regis­
trar and, on being notified of the order, the Registrar shall rectify the Register accordingly. 
108 Certified copies of entries in Register 
The Registrar shall provide a copy of any entry in the Register, certified with the seal 
referred to in section ninety, to any person who requests it and who pays the appropriate 
fee. 
109 Right of Registrar to appear in proceedings regarding Register 
In any proceedings before the Tribunal or any court in which the relief sought 
includes an alteration or rectification of the Register, the Registrar shall have the right to 
appear and be heard, and shall appear if so directed by the Tribunal or court, as the case 
may be. 
110 Penalty for false entries and false statements 
Any person who--
(a) knowingly makes a false entry in the Register or causes such an entry to be 
made; or 
(b) prepares or causes to be prepared a document which falsely purports to be a 
copy of an entry in the Register or a statement of the Registrar; or 
( c) produces or tenders in evidence, or causes to be so produced or tendered, an 
entry or document referred to in paragraph (a) or (b), knowing the entry or 
document is false; or IP/NI! IZWE/C/l 
Page 76 
(d) makes a false statement or representation, knowing it to be false, for the 
purpose of-
(i) deceiving !:he Registrar in the execution of his functions under this 
Part; or 
(ii) procuring or influencing the doing or omission of anything in relation 
to this Part; 
shall be guilty of an offence and liable to a fine not exceeding ten !:housand dollars or to 
imprisonment for a period not exceeding two years or to both such fine and such imprison­
ment 
PARTxn 
POWERS OF REGISTRAR IN REGARD TO LICENCE SCHEMES AND LICENCES 
111 Reference of licence scheme to Registrar 
(1) If, while a licence scheme is in operation, a dispute arises between the collect­
ing society operating the scheme and-
(a) a per~on who daims he requires a licence in a case of a class to which the 
scheme applies: or 
(b) an organisation that claims to represent persons requiring lic(':nces in ca~~es 
of a class to which the scheme applies; 
that person or organi.'.;ation may refer the scheme to the Registrar in so far as it relateS to 
case'; of that class. 
(2) If, while Cl licence scheme is in operation, any person claims that works of a 
description similar to those covered by the scherne are unreason;]bly excluded from it, he 
may refer the scheme to the Registrar. 
) The Registrar ... haH consider any scheme refeued to him in rerms of subsec­
tion 0) or (2) and, subject to section one hundred andJourteen, shall make such order, 
(:irher confirming the licence SChenl( or v::rying it in so far as it relates to cases of the dass 
to WblCh the reference relates, as he considers to be reasomlble in the circumstances. 
(4) An order of the Regi:,trar in ten-ns of subsection (3) may be made so as to be in 
force indefinitely or fur such period as he may determine. 
(5) The Registrar may direct that an order in terms of subsection (3), 1n so far as it 
liaries the charges payable for a licence, has elfect from [he date on which the reference 
was rnade or :-.LKh later dale is he may spedf\'. " ~ 
(6) A licence scheme may be referred to the Registrar in terms of subsection (1) 
or (2) even if he ha~ previously made an order under L~is sectioIi. in regard to the scheme in 
so far as it relates to the same class of cases: 
Provided that no such subequent reference shall be made within twelve months 
after the c'1rlier order unless the Registrar, having regard to the special circumstances ofthe 
case, gr;J.nts leave for reference re be made. IP/N/lIZWEfCI1 
Page 77 
112 Application to Registrar regarding grant 01" refusal of licence or terms 
thereof 
( I,) Where a person claims that--
I a) a collecting society has refused or failed within a reasonable time to grant 
him a licence or to procure a licence for him, and-
(' \ 1, 
(ii) 
or where the grant of such a licence is covered by a licence scheme, that 
he is entitled to a licence in terms of the scheme: or 
whether or not the grant of such a licence is covered by a licence scheme; 
that in the circumwmces· the refusal or failure to gnmt a licence is 
unreasonable; 
the terms and conditions under which a collecting society proposes to issue 
a licence to him are unreasonable; 
he may apply to the Registrar for an order in Terms of this section. 
(2) 11', on an application in terms of subsection (1), after consideling the mat-
ten; referred to in section onc hundred andfourteen, the Registrar is sati.sfied that the appli­
cant's claim is well-founded, he shall make an order declaring that, in respect of the mat­
ters specified in the order, the applicant is entitled to a licence on such terms and conditions 
as the Registrar determines-
(a) are applicable in accordance with the licence scheme concerned; or 
(h) arc reasonable in the circumstances. 
\.3) An order of the Registrar in terms of subsection (2) may be made so as to be in 
force inJefinite:y or for such period as he may determine. 
(4) The Registrar, on application by any interested parly. may vary or rescind an 
order made by him in terms of subsection (2): 
Provided that no such. application shaH be made within twelve months after the 
order was made unless the Registrar, having regard to the speci;:tl drcumstances of the 
case, grants leave for the application to be rnade. 
113 Reference to Registrar of expiring licence 
( 1) A licensee whose licence-
(a) has been granted by a collecting society; and 
(b) is due to expire, whether by the passage of time or as a result of notice g~ ven 
by the collecting society; 
and who claims that it is unreasonable in the circumstances that his licence should cease to 
be in force, may apply to the Registrar for an order in terms of this section. 
(2) An application shall not be made in terms of subsection ( I) until1he lasllhree 
months before the licence concerned is due to expire. fP/N/1/ZWE/C/l 
Page 78 
(3) If, on an application in terms 01 sUbsection (I ), and after considering the rnat­
ters referred to in section one hundred andfourteen, the Registrar is satisfied that the appli­
cant's claim is well-founded, the Registrar shaH make an order deciaring that the applicant 
shaH continue to be entitled to the benefit of his licence on such terms as the Registrar fuay 
determine to be reasonable in the circumstances. 
(4) An order ofthe Registrar in terms of subsection (3) may be made so as to be 
force indefinitely or for such period as he may determine. 
(5) The Registlar, on application by any interested party, mJY V:lly or rescind an 
order made by him terms of suhsection (3): 
Provided that no such application Sh~ll1 be made 'Vvithin twelve months after the 
order was made unless the Registrar, having regard to the speci3.1 circumstances of the 
case, gralHs ieave for the application to be Illade. 
114 Factors to be taken into account by Registrar in making orders 
(1) In any reference or :+pptication in terms of this Part, the Reglstrar shaH have 
regard to-
(a) Zimbabwe's obligations under any international convention, tfraty or agree­
ment relating to copyright; and 
(b) any order made by the Industry and Trade Competition Commission estab­
lished by section 4 of the Competition Act fChaptt!-r 14:28]. 
(2) In determining what is reasonable on a reference or application in terms of 
this Part relating to a licence schem.c or licence, the Registrar shaH have regard to-
(a) the availability of other schemes or the granting of other licences to other 
persons in similar circumstances; and 
Cb) the terms Of those other schemes or licences; 
and shall exercise his power so as to ensure that the collecting society concerned does no, 
discriminate unreasonably between.1icensees or prospective licensees. 
(3). In a reference or application in terms of this Part relClting to the reprogr:.lphic 
copying of a work, the Registrar shall have rcg2.rd to--
(a) the extent to which published editions or versions of the work concerned arc 
otherwise available: and 
(b) the proportion of the work to be reproduced; and 
(c) the use to which the resultant copies are likely to be put. 
(4) In a reference or application in terms of this Part in respect of a sound record­
ing, an audio-visual work, a broadcast or a cable programme which includes any entertain­
ment or other event, the Registrar shall have regard to any conditions imposed by the 
promoters of the entertainment or event, and in particular shaH not regard a refusal or 
failure to grant a licence to be unreasonable if the licence could not have been granted 
consistently with any such conditions. TP/N/1/ZWE/CIl 
Page 79 
(5) When considering the charges, if any, to be paid by an educational institution 
for a licence authorising the recording of a broadcast or cable programme which includes 
copyright works, or the making of a copy of such a recording, the Registrar shall have 
regard to the extent to which the owners o{copyright in the works included in the broadcast 
or programme have already received or are entitled to receive, payment in respect of the 
inclusion of those works. 
(6) When considering the charges to be paid for letting for hire copies of any 
sound recording, audio-visual work or computer program, the Registrar shall take into 
account any reasonable payments which the owner of the copyright in the recording, work 
or program is liable to make-
(a) to the owner of copyright in any work included in the recording, work or 
program; or 
(b) to any performer or other person whose rights under Part VU may be 
affected by the letting for hire of copies of the recording, work or program. 
(7) Nothing this section shall be construed as preventing the Registrar from 
considering, in any reference or application in terms of this Part, any relevant factor not 
mentioned elsewhere in. this section. 
115 Effect of Registrar's orders 
(l) A licence scheme that has been varied by the Registrar under section one 
hundred and eleven shall remain in operation for so long as the Registrar's order remains in 
force and, while it so remains in operation, a person who, in a class of case to which the 
. order applies-
(a) pays to the collecting society operating the schetlhe any charges payable 
under the scheme for a licence covering that class of case or, if the amount of 
the charges cannot be ascertained, gives the collecting society an undertak­
ing to pay them when they are ascertained; and 
(b) complies with any other terms and conditions applicable to a licence cover-
ing that class of case under the scheme; 
shall be in the same position as regards infringement of copyright as if he were the holder 
of a licence granted by the owner of the copyright in question in accordance with the 
scheme. 
(2) If, while an order of the Registrar under section one hundred and twelve 
or one hundred and thirteen remains in force, the person in whose favour it is 
made-
(a) pays to the collecting society concerned any charges payable in accordance 
with the order or, if the amount of the charges cannot be ascertained, gives 
the collecting society an undertaking to pay the charges when they are ascer­
tained; and 
(b) complies with any other terms and conditions specified the order; 
he shall be in the same position as regards infringement of copyright as if he were the 
holder of a licence granted by the owner of the copyright in question on the terms specified 
in the order, iPil\I1.Z"VE/c/l 
Page 80 
116 Application of provisions of Part XI to proceedings regarding licence 
schemes and licences 
Sections one hundred and three, one hundred andj{)urand one hundred andfive shall 
apply, mutatis mutandis, in relation to references and applications in terms of this Part. 
PART 
ApPEALS TO TRIBUNAL AGAI~ST DECISIONS or REGISTRAR 
117 Right of appeal to Tribunal against decisions of Registrar 
Any person who is aggrieved by a decision of the Registrar-
(a) in regard to the registration of a collecting society under Part X, including a 
decision-
(1) to accept or not to accept an application under section ninety-lvl/o; or 
(ii) to impose any modificati9n, condition or limitation on his acceptance 
of an application under section ninety-two; or 
(iii) to refuse to allow an applicant further time within which to advertise 
an application for the registration of a collecting society; or 
(iv) to register or not to register a collecting society; or 
(v) to impose any modification. condition or limitation on the registration 
of a conecting society; or 
(vi) to cancel or amend the registration of a collecting society under 
section ninety~four or one hundred and six; or 
(viI) to refuse to allow a person further time to file any document: 
or 
(b) in regard to the registration of any right or matter under Part XI, including a 
decision-
(i) to accept or not to accept an application under section ninety-eight; or 
(ii) to impose any modification. condition or limitation on his acceptance 
of an application under section ninety-eight; or 
(Hi) to refuse to allow an applicant further time within which to advertise 
an application in terms :~ection ninety-nine; or 
(iv) to register or not to register any right or matter under section one 
hundred and one; or 
(v) to impose any modification, condition or limitation on the registration 
of any right or matter under section Ol1e hundred and one; or 
(vi) to refuse to allow the amendment of an application or a document in 
terms of section one hundred and three; or 
(vii) to rectify the Register under section one hundred and six; or 
(viii) to refuse to allow a person further time to file any document; 
or [P/N/I/ZWE/C/J 
Page 81 
(c) in regard to any reference or application under Part XII, including a 
dcC'ision-
(i) as to the duration of an order in terms of that Part' or 
(ii) to vary or rescind an order in terms of section onehundred and twelve 
or one hundred and thirteen, or refusing such a variation or rescission; 
or 
(Hi) to refuse to allow a reference to be made under that Part within twelve 
months after an earlier order; or 
(iv) to refuse to allow a person further time to file any document; 
may appeal to the Tribunal against the decision concerned. 
118 Noting of appeal 
An appeal interms of section one hundred and seventeen shall be noted by lodging a 
written notice of appeal with the Registrar of the Tribunal and with the Registrar within 
twenty days from date on which the appellant was notified of the decision which is the 
subject of the appeal. 
119 Powers of Tribunal on appeal 
In an appeal in terms of section one , lumdred and seventeen, the Tribunal may-
(a) exercise the same discretionary powers in relation to the decision or order in 
issue as are conferred on the Registrar by the relevant provisions of this Act; 
(b) remit the matter to the Registrar with instructions for the laking of further 
evidence or the setting out of further information; 
(c) order the parties, or any of them, to produce such further evidence or infor­
mation as the Tribunal may specify; 
(d) confirm, vary or set aside the decision appealed against or give such other 
decision as in its opinion the Registrar ought to have given; 
(e) make such order as to costs as it thinks fit. 
PART XIV 
EVIDENCE AND PRESUMPTIONS 
120 Proof of certain facts by affidavit in infringement proceedings 
In any civil or criminal proceedings for infringement of copyright in any work, 
evidence to prove-
(a) the subsistence of the copyright in that work; or 
(b) the title of any person in respect of the copyright, whether by way of owner­
ship, assignment or licence; 
may be adduced by way of affidavit, and the production of such an affidavit by any person 
in those proceedings shall be prima facie proof of the relevant facts: IPINI1!ZWE/C!l 
Page 82 
Provided that the Tribunal or the court before which such an affidavit is produced 
may order the person who made the affidavit to be subpoenaed to give oral evidence in the 
proceedings, or may cause written interrogatories to be submitted to that p~rson for reply, 
..and any reply purporting to be from that person shall likewise be admissible in evidence in 
the proceedings. 
i 21 Presumptions in infringement proceedings: literary, musical and 
artistic works 
(1) This section shaH apply to both civil and criminal proceedings. 
(2) Where a name purporting to be that of the author Of owner of copyright 
appeared on copies of a literary, musical or artistic work when it was published or on the 
work when it was made, the person whose name so appeared shaH, any proceedings for 
infringement of copyright in the work, be presumed to' be the author of the work or the 
owner of copyright in the work, as the case may be, unless the contrary is proved. 
(3) Where a work is alleged to be a work of joint authorship, subscc!inn (2) shall 
apply in relation to each person alleged to be one of the authors of the work. 
(4) Where it is established that copies of a literary work as issued to the public 
bear a statement that the work was first published in a specified year and additionally, or 
alternatively, in a specified country, the statement shall be admissible as evidence of the 
facts stated and shaH be presumed correct, unless the contrary is proved. 
(5) Where, in proceedings for infringement of copyright in a litem;-y. musical or 
artistic work which is anonymous or pseUdonymous, it is established that-
(a) the work was first published or made-
(i) in Zimbabwe or in a designated country referred to in section eleven; 
and 
(ii) not more than fifty years before the beginning of the calendar year in 
which the proceedings were brought; 
and 
Cb) a name purporting to be 1hat of the puhlisher appeared on copies of the work 
as first published; 
then, unless the contrary is proved, copyright shall be presumed to subsist in the work and 
the person whose name so appeared shall be presumed to have been the owner of that 
copyright when the work was first published or made, as the case may be: 
Provided that this subsection shall not apply in relation to a pseudonymous work if 
the actualnume of the work's author is commonly known. 
(6) Where, in proceedings for infringement of copyright in a literary, musical or 
artistic work, it is established that the author of the work is dead, the work shall be 
presumed to be an original work, unless the contrary is proved. 
(7) Subsection (6) shaH also apply where a work has been published and-
(a) the publication was anonymous or under a name alleged to be a pseudonym 
by the plaintiff or applicant or, in criminal proceedings, by the State; and 1 IZW E/CI 1 
Page 83 
(b) it is not s~own that the work has ever been published under the true name of 
the author or under a name by which he was commonly known or that it is 
possible for a person without previous knowledge of the facts to ascertain 
the identity of the author by reasonable inquiry. 
(8) A claim contemplated lin-
(a) subsection (2), that a person is the owner of copyright in a yvork. may be 
made by means of the symbol "C" in conjunction with the name of the 
person concerned; 
(b) subsection (4), that a work was published in a particular year or in a particu­
lar c}mntry, may be made by means of the symbol "P" in conjunction \vith 
the year and additionally, or alternatively, the country in question. 
122 Presumption in infringement proceedings: works subject to e~ciusive 
licence 
Where, in civil or criminal proceedin.g~ for infringement of copyright in any work 
which is the subject of an exclusive licence, it is proved that the person alleged to have 
done an act which infringes the copyright did the act without the authority of the exclusive 
licensee, it shall be presumed. unless the contrary is proved, that he did the act also \Vilhout 
the authority of the owner of the copyright. 
123 Presumptions in infringement proceedings: registered works 
any civil or criminal proceedings for infringement of any right that is regi~:tered in 
terms of Part XI, it shaH be presumed, unless the contrary is proved, that-
Ca) every party to those proceedings had knowledge of the particulars recorded 
in the Register in regard to the right from the date on which the application 
to record those particulars was lodged; and 
(b) the person who is alleged to have done an act which infringes the relevant 
copyright did the act without the required authority. 
124 Evidence and presumptions in infringement proceedings: audio-visual 
works, sound recordings and computer programs 
0) This section shaH apply to both civil and criminal proceedings. 
(2) Where, in proceedings for infringement of copyright in an audio-visual work, 
a sound recording or a computer program, it is established that any person who in the 
course of business sold, let for hire or distributed copies of any such works, was found in 
possession of a copy of the audio-visual work, sound recording or computer program con­
cerned, it shall be presumed, unless the contrary is proved, that by way of business he 
offered or exposed it for sale or hire. 
(3) Where, in proceedings for infringement of copyright in an audio-visual work, 
it is established that copies of the work as issued to the public bear a statement-
(a) that a named person was the author or director of the vilork; or 
(b) that a named person was the owner of the copyright in the work when the 
copies were issued; or IP/N/l/ZWE/C/1 
Page 84 
(c) that the work was first published in a specified year and additionally, or 
alternatively, in a specified country; 
the statement shaH be admissible as evidence of the facts stated and shall be presumed 
correct unless the contrary is proved. 
(4) Where, in proceedings for infringement of copyright in an audio-vi sua! work 
Of a sound recording, it is established that records issued to the public and embodying the 
work or recording or prut of the work or recording bear a label or other mark stating-
(a) that a named person is the director or author of the work or recording; or 
(b) that a named person was the owner of tbe copyIight in tbe work or recording 
when the records were issued; or 
(c) that the work or recording was first published in a specified year and 
additionally, or alternatively, in a specified country; 
the label or mark shall be admissible as evidence of the facts stated and shall be presumed 
correct unless the contrary is proved. 
(5) Where, in proceedings for infringement of copyright in a computer program, 
it is established that copies of the program as issued to the puhlic bear a statement-
(a) that a named person was the owner of the copyright in the program when the 
copies were issued; or 
(b) that the program was first published in a specified year and additionally, or 
alternatively, in a specified country; 
the statement shall be admissihle as evidence of the facts stated and shall be presumed 
correct unless the contrary is proved. 
(6) A claim contemplated 
(a) paragraph (b) of subsection (3) or (4) or paragraph (a) of subsection (5) may 
be made by means of the symbol "e" in conjunction with the name of the 
person concerned; 
(b) paragraph (c) of subsection (3) or (4) or paragraph (b) of subsection (5) may 
be made by means of the symbol "P" in conjunction with the year and addi­
tionally, or alternatively, the country in question. 
125 Presumptiol1 regardil1g registered collectil1g society 
In any civil or criminal proceedings relating to copyright in any work, an entry in the 
Register showing that a collecting society is registered in terms of Part X in respect the 
class of works to which the work concerned belongs shall be prima facie proof that the 
society represents the owner of the copyright in the work concerned. 
126 El1tries il1 Register to be prima facie proof of their contel1ts 
In any civil or criminal proceedings relating to copyright, induding applications and 
appeals under this Part, an entry in the Register showing that-
(a) a person is the owner of the copyright in a work; or 
(b) the copyright in a work has been assigned to a person; or (c) a person has been granted a licence in respect of a work; or lP/NI !/ZWE/C/ 1 
Page 85 
(d) a person has been granted a licence under section eighty:five in respect of a 
reserved work of folklore; 
shall be prima facie proof of that fact. 
121 Proof of EU"itries in Register and of things done by Registrar 
(1) In any proceedings before the Tribunal or any court, a document purporting to 
be a copy of an entry in the Register provided terms of section one hundred and eight 
shall be admissible on its production by any person as prima facie evidence of the entry 
having been made and of its contents. 
(2) In any proceedings before the Tribunal or any court, a document purporting to 
be a statement by the Registrar, certified with the seal referred to in section ninety and 
giving particulars of-
(a) any proceedings before him in terms of this Part; or 
(b) the grounds for any decision or order given or made by him in tenns of this 
Part; or 
~c) the practice of his office; or 
(d) any other matter which is within his knowledge as Registrar; 
shaH be admissible on its production by any person as prima facie evidence of the facts 
stated in the document. 
PART XV 
GENERAL 
128 No copyright under common law 
Subject to this Act, no copyright or right in the nature of copyright shall subsist 
otherwise than by virtue of this Act or any other enactment. 
129 Devices designed to circumvent copy-protection 
(1) In this section-
"copy-protection" means a device or arrangement of any description which is 
designed to prevent or restrict the making of unauthorised copies of a work 
or to impair the quality of any such copies made. 
(2) If a person, knowing or having reason to believe that the device concerned 
will be used to make infringing copies-
(a) makes, imports, exports, sells or lets for hire or offers or exposes for sale or 
hire any device specifically designed or adapted to circumvent a form of 
(b) copy-protection that is employed or incorporated in a work in which copy­
right exists and which is issued to the public in electronic form; or 
in the course of business, possesses a device referred to in paragraph (a); . . 
or IP/N/I/ZWE/C/1 
Page 86 
(c) publishes information intended .to enable or assist persons to circumvent a 
form of copy-protection that is employed or incorporated in a work which 
copyright exists and which is issued to the public in electronic form: 
he shaH be guilty of an offence and liable to a fine not exceeding five thousand dollars or 
to imprisonment for a period not exceeding six months or to both such fine and such 
imprisonment 
(3) Whether or not a person who contravenes subsection (2) is prosecuted for an 
offence under that subsection, the O\vner of the copyright in the work concerned and the 
person who issued copies of the work to the pub1ic shall have the same rights against him 
as jf-
(a) he had infringed the copyright the work; and 
(b) the device concerned were an lnfringing copy of the work. 
(4) It shaH be a defence to a prosecution for an offence under subsection (2) or 
to proceedings brought for infringement under subsection (3) for the accused person or 
defendant, as the case may be, to prove that his act was reasonably incidental to any use of 
or dealing with the work concemed which did not amount to an infringement of copyright 
in the work. 
(5) in a prosecution for an offence under paragraph (b) of subsection (2) or in 
proceedings brought for infringement in respect of a contravention of that paragraph, it is 
proved that the accused person or defendant, as the case may be-
(a) was found in possession of a device specifically designed or adapted to 
circumvent a form of copy-protection that is employed or incorporated 
in a \vork in which copyright exists and which is issued to the public in 
electronic fom1; and 
(b) in the course of business sold, let for hire or distributed copies of works such 
as the work referrf'd to in paragraph (a); 
it shall be presumed, unless the contrary is proved, that he possessed the device for the 
purpose of making infringing copies of the work. 
130 Removal of rights-management information 
(1) In this section-
"rights management infonmltion" means any name, mark, code, number or other 
information which is attached to or incorporated in or appears with a copy­
right work and which-
(a) identifies the work, the author of the work or the owner of any right in 
the work; or 
(a) provides information about the terms and conditions under which the 
work may be used in terms of any licence. 
(2) Any per~on who, with the intention of infringing copyright in the work 
concemed-
(a) removes, erases or alters any rights management information which is 
attached to or incorporated in or appears with a work; or 
(b) sells or lets for hire or offers or exposes for sale or hire any work from which 
rights management information has been removed, erased or altered; JP/N/l IZWE/CI 1 
Page 87 
shall be guilty of an offence and liable to a fine not exceeding 'fi ve thousand dollars or 
to· imprisonment for a period not exceeding six months or to both such fine and such 
imprisonment. 
(3) Tt shall be Cl defence, in:.l prosecution for an offence under subsection (2), for 
the accused person to prove that the removal, erasure or alteration of the rights manage­
ment infonnation concenled was reasonably incidental to any use of or dealing VI:ith the 
work conCerned which did not amount to an infringement of any copyright in the work. 
(4) If, in a pro~ecution for an offence under paragraph (a) of subsection (2), it is 
proved that the accused person--
(a) removed, erased or altered any rights management information which was 
attached to or incorporated in or appeared with any work; and 
(b) used or dealt with the work in a manner which infringed copyright in the 
work; 
it shaH be presumed, unless the contrary is proved, that he removed, erased or altered the 
rights management information with the intention of infringing copyright in the work. 
(5) If, in a prosecution for an orfence under paragraph Cb) of subsection (2), iUs 
proved that the accused person-
(a) \vas found in possession of a work from which rights management informa­
tion was removed, erased or altered: and 
(b) in the course of business sold, let for hire or distributed copies of works such 
as the work referred to in paragraph (a); 
it shall be presumed, unless the contrary is proved, that he possessed the work for the 
purpose of offering or exposing it for sale or hire. 
131 Fra.udulent reception of transmissions 
0) this section-
"decoder" means any device, component or arrangement which is designed to 
circumvent the device or amingemcnt referred to in paragraph Cb) of the 
definition of "encrypted programme"; 
"encrypted programme" means a programme which-
(a) is induded in a broadcasting service or a cable programme service 
broadcast or tram.mitted from a pJace in Zimbabwe or a designated 
country; and 
(b) incorporates or employs a device or alTangement of any description 
which is designed to prevent persons from viewing, listening to or 
receiving the programme-
(i) without paying the fee, however imposed, which the person 
who broadcasts or transmits the programme charges for viewing, 
listening to or receiving the programme; or 
(ii) otherwise without the authority of the person who broadcasts or 
transmits the programme. 
(2) If a person, without the authority of the broadcaster or operator of the cable 
programme service concemed-fP!N/1/ZWE/CI1 
Page 88 
(a) makes, imports, exports or sells a decoder or lets a decoder for hire or offers 
or exposes a decoder for sale or hire; or 
(b) in the course of business, possesses a decoder; or 
(c) uses a decoder to view; listen to or receive an encrypted programme; or 
(d) publishes information which is calculated to enable or assist persons to view, 
listen to or receivt; encrypted programmes-
(i) without paying the fee, however imposed, which the person who broad­
casts or-transmits the programme charges for viewing, listening to or 
receiving the programme; or 
(ii) otherwise without the authority of the person who broadcasts or trans-
mits the programme; 
he shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or 
to imprisonment for 11 period not exceeding six months or to both such fine and such 
imprisonment. 
(3) Whether or not a person who contravenes subsection (2) is prosecuted for an 
offence under that subsection, the broadcaster or the operator _ of the cable programme 
service concerned, as case may be, shall have the same rights against him as if-
(a) he had infringed the copyright in the encrypted programme concerned; and 
(b) the decoder were an infringing copy of the encrypted programme. 
(4) It shall he a defence to any proceedings brought for an infringement referred­
to in subsection (1) or to a prosecution for an offence under subsection (2) for the defend­
ant or accused person, as the case may be, to prove that he did not know, and had no 
reasonable grounds for knowing, that the decoder concerned would be used to circumvent 
the encryption of any encrypted programme. 
132 Application of Act to works made and contracts concluded before 
commencement of Act 
(1) Subject to this section, this Act shall apply in relation to works made before 
the fixed date as it applies in relation to works made thereafter. 
(2) No act done before the fixed date shall constitute-
(a) an infringement of any copyright or other right conferred by this Act; or 
(b) an offence in terms of this Act. 
(3)· This Act shall not affect any contract conduded before the fixed date in 
relation to any work or perfonl1ance. 
(4) The rights conferred by Part VII shall not subsist in any performance that took 
place before the fixed date. 
133 Act not to affect certain other rights 
Nothing in this Act shaH affect-
(a) any privilege or right of the State or any other person under any other law 
that is not expressly repealed or modified by this Act; or IP /NI! IZWE/CI 1 
Page 89 
(b) the right of the State or any person deriving title from the State to sell, use or 
otherwise deal with anything forfeited under any enactment, including this 
Act; or 
(c) any rule of law relating to confidential or privileged information, unlawful 
competition or personality rights. 
134 CoUecting societies to deposit certain agreements with Registrar 
(1) Every registered collecting society shaH ensure that a copy any agreement 
which it concludes with any other conecting society which relates to-
(a) the management of rights of owners of copyright; or 
(b) the representation of owners of copyright; or 
(c) the administration of licence schemes; 
is lodged without delay at Copyright Office. 
(2) The Registrar shall ensure that any agreement Jodged in H-;c Copyright Office 
in terms of subsection (i) is kept available for inspection by member:,; of the puhlic at all 
r~:lson"ble times. 
135 Regulations 
U) Subject to this section, the Minisrer may by regulation provide for all matters 
which by this Act are required or permitted to ,be prescribed or which, in his opinion, are 
necessary or convenient to bC' prcsclibed for calTying out or giving effect to this Act. 
(2) Regulations made in terms of subsection (I) may-
(a) designate countries and international organisations for the purposes of any 
provision of this Act; 
(b) provide for the issue of compulsory licences permiuing-
(i) the reproduction, publication, performance or circulation, by educa­
tional institutions, of any work; or 
(ii) the tra..llslation of any work for the purpose of teaching, scholarship or 
research or for use in a broadcast for any such purpose: 
Provided that the acts authorised by such a licence shall not conflict 
with a normal exploitation of the work concerned. nor shall any ~uch lic~nce 
unreasonably prejudice the legitimate interests of owner of the copyright 
3n the work concerned; 
(c) provide for the establishment of one or more schemes whereby-
(j) a levy is imposed on-
A. the sale of blank records which can he used for the recording of 
works in accordance \\"ith sectionfarty-one or forty-two; or 
B. the use of any apparatus or process for reprographic copying by 
~ducational institutions and libraries which reproduce or are likely 
to reproduce works, whether in accordance with section twenty­
.five or otherwise, or in accordance with a compulsory licence 
referred to in paragraph (a); 
and IP/NI1/ZWE/CII 
Page 90 
(ii) the proceeds of any levy referred to in subparagraph (i) are paid to or 
for the benefit of authors and peli'ormers whose works or perform­
ances are being or are likely to be reproduced in terms of sectionfurty­
one or forty-tHlo or by an educational institution or library referred to 
in subparagraph B of subparagraph (i) or under a compulsory licence 
referred to in paragraph (a); 
(d) declare invalid any tenn or condition in a licence or licence scheme which, 
in the Minister's opinion-
(i) is not reasonably necessary to prOfect copyright or any other right con­
ferred by this Act in a work; u:ld 
(ii) unduly restricts the rights of any licensee; 
(e) prescribe the classes of works in respect of which coHecting societies may 
be registered in terms of Part X; 
(f) confer powers on the Registrar in regard to the settlement of disputes regard­
ing infringement of copyright or the terms and conditions of any licence or 
any assignment of copyright; 
(g) prescribe fees payable in respect of any notice given to the Director of Cus­
toms and Excise under section sixty, and the reimbursement of the Director 
of Customs and Excise for any expenses incurred detaining any articles 
in consequence of any notice or order under that section. 
(3) Before making regulations referred to in paragraph (c) of subSGClion (2) 
provid~ng for the imposition of any levy, the Minister shaH consult the Ministers 
responsible for finance and trade. 
(4) When making any regulations in terms of sl1hsGction (1 ) The Miniswr shall 
have n.:gal'd to Zimbabwe's obligations under any intern~uional convention, treaty (ll' 
agreement relating to copyright. 
1.5) Any person who is aggrieved by-
(a) any compulsory licence issued under regulations referred to in paragraph (a) 
of subsection (1), or any refusal or failure to gram such a licence or any term 
or condition of such a 11cence; or 
'(b) any scheme established by regulations referred to in pa;.'agraph (b) of 
subsection (2), or any act done under such a scheme; or 
(c) any regulations referred to in paragraph (c) of subsection (2): 
may refer the matter to the Tribunal, and the Triblinal may l,1ake such orcL:r ao: the Tribunal 
determines to be reasonable in the circumstances. 
(6) \Vithout derogation from subsection (5), the Tribunal may--
(a) declare any regulations made under subsection ( I) to be void, if in the Tribu-­
nal's opinion they COUld not have been made under lhis Act; or 
(b) recommend to the Minister that he amend any regulations made under 
subsection (l); 
and the Minister$hall pay due regard to any such declaration or recomrnendalion. fP 1Nl r IZWE/C/I 
Page 91 
(7) Sections one hundred and elcl'en, one hundred om! twc/vc, O!ie hlll,'!:!;-!!£! and 
fourteen and one hundred and f(fteen shall apply, mutaris mutandis, in regard to ::my 
reference 111 terms of subsection E5). 
136 Repeal of Cap. 26:01 and savings 
(I) Subject to subsection (2), the Copyright Act l Chapter 26:01 j i~; 
(2) Any assignment, licence or schem~ \\'hich had effect under the Copyright Act 
[Chap!er 26:01] immediately before the fixed date shall contiuu:: to have same effect, 
mutatis mutandis, in terms of the appropriate provisions of this Act. 
(3) Any copyright, and any assignment uf or licence issued respect of any 
copyright, which subsisted immediately before the fixed date may be registered in terms of 
Part XI: 
Provided that any application for such registration shall be made within one year 
after the date of commencement of Part XI. 