COPYRIGHT ACT, 2014

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Application.

3. Interpretation.

PART II

COPYRIGHTS

4. Works protected.

5. Derivative works.

6. Subject matters not protected.

7. Economic rights.

8. Moral rights.

9. Private reproduction for personal purposes.

10. Temporary reproduction.

11. Quotation.

12. Reproduction and other utilisation for teaching.

13. Reproduction by libraries and archives.

14. Reproduction, broadcasting and other communication to public for informatory purposes.

15. Reproduction and adaptation of computer programmes.

16. Visually impaired persons.

17. Ephemeral recordings.

18. Use for public security and for performance or reporting of proceedings.

19. Duration of copyright.

20. Original ownership of economic rights.

21. Presumption of authorship, producers of audio-visual works and publishers.

22. Assignment and licensing of economic rights.

PART III

PROTECTION OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS

23. Rights of performers.

24. Rights of phonogram producers.

25. Equitable remuneration for use of phonogram.

26. Rights of broadcasting organisations.

27. Limitations on protection.

PART IV

VOLUNTARY REGISTRATION OF COPYRIGHTS

28. Voluntary registration of copyrights.

PART V

ENFORCEMENT OF RIGHTS

29. Provisional measures.

30. Civil remedies.

31. Offences and penalties.

32. Technological protection measures.

33. Protection of rights management information.

34. Prohibited acts deemed to be an infringement of rights.

PART VI

MISCELLANEOUS

35. Scope of application of copyrights.

36. Scope of application of related rights.

37. Regulations.

38. Repeal and savings.

5 of 2014.

SI 53 of 2014.

AN ACT to consolidate and amend the law relating to copyrights so as to give effect to the provisions of the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 and to repeal and replace the Copyright Act and for matters connected therewith or incidental thereto.

[Date of commencement: 1st August 2014]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Copyright Act, 2014.

2. Application.

(1) The provisions of this Act shall apply to works, performances, phonograms and broadcasts created before or after the commencement of this Act, provided that the period of protection had not expired under the laws of Seychelles or the laws of the country of origin of such works, performances, phonograms or broadcasts that are to be protected under an international treaty to which the Republic of Seychelles is a party.

(2) The provisions of this Act shall not affect contracts on works, performances, phonograms and broadcasts concluded before the commencement of this Act.

3. Interpretation.

In this Act, unless the context otherwise requires—

“audio-visual work” means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds, susceptible of being made audible;

“author” means the natural person who has created the work;

“broadcasting” means the communication of a work, a performance or a phonogram to the public by wireless transmission, including transmission by satellite;

“circumvent technological protection measures” means to avoid, bypass, remove, deactivate, or impair these measures, including descrambling a scrambled work or object of related right or decrypting an encrypted work or object of related right;

“communication to the public” means the transmission by wire or by wireless means of a work, a performance, a phonogram or a broadcast in such a way that it can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the work, performance, phonogram or broadcast would not be perceivable, including the making available of the work or other protected subject matter in such a way that members of the public may access it from a place and at a time individually chosen by them;

“computer” means an electronic or similar device having information-processing capabilities;

“computer programme” is a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result;

“distribution” means putting into public circulation the original or a copy of a work, a fixation of a performance or a phonogram in tangible form through sale or other transfer of ownership, including importing for the purpose of such putting into circulation and public offering for sale and other transfer of ownership;

“fixation” means the embodiment of sounds, images or both or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;

“folklore” means all ancient literary, artistic or musical works created in Seychelles, passed from generation to generation and constituting a basic element of the cultural heritage of Seychelles;

“infringement” means any act that violates any rights protected under this Act;

“Minister” means the Minister responsible for culture;

“owner of copyright” means—

(i) where the economic rights are vested in the author, the author;

(ii) where the economic rights are originally vested in a natural person other than the author or in a legal entity, that person or entity; or

(iii) where the ownership of the economic rights has been transferred to a natural person or legal entity, that person or entity;

“performers” means singers, musicians, and other persons who sing, deliver, declaim, play in, or otherwise perform literary and artistic works or traditional cultural expressions or expressions of folklore;

“phonogram’’ means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audio-visual work;

“photographic work” means a recording of light or other radiation on any medium on which an image is produced or from which an image may be produced, irrespective of the technique (chemical, electronic or other) by which such recording is made; a still picture extracted from an audio-visual work shall not be considered a “photographic work” but a part of the audio-visual work concerned;

“producer” of an audio-visual work or a phonogram means the natural person or legal entity that undertakes the initiative and responsibility for the making of the audio-visual work or phonogram;

“public performance” means—

(i) in the case of a work other than an audio- visual work, the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process;

(ii) in the case of an audio-visual work, the showing of images in sequence and the making of accompanying sounds audible; or

(iii) in the case of a phonogram, making the recorded sounds audible,

at a place or places where persons outside the normal circle of the family and its closest acquaintances are or can be present;

“publication” and “published” in respect of a work, or a phonogram, is the making of tangible copies available to the public in a reasonable quantity for sale, rental, public lending or for other transfer of the ownership or the possession of the copies, provided that, in the case of a work, the making available to the public took place with the consent of the author or other owner of copyright, and in the case of a phonogram, a fixation of a performance with the consent of the producer of the phonogram or his successor in title;

“Registrar” means the Registrar of Copyrights appointed under section 28(1);

“rental” means the transfer of the possession of the original or a copy of a work or phonogram for a limited period of time for profit-making purposes;

“reproduction” means the making of one or more copies of a work or phonogram in any manner or form, including any permanent or temporary storage of the work or phonogram in electronic form;

“rights” means legal rights granted with the aim to protect the creations of the author or creator of a work, performance, phonogram or broadcast;

“rights management information” means any information that identifies the author, the work, the performer, the performance of the performer, the producer of the phonogram, the phonogram, the broadcaster, the broadcast, the owner of any right under this Act, or information about the terms and conditions of use of the work, the performance, the phonogram or the broadcast, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work, a fixed performance, a phonogram or a fixed broadcast, or appearance in connection with the broadcasting, communication to the public or making available to the public of a work, a fixed performance, a phonogram or a broadcast;

“technological protection measures” means any technology, device or component that, in the normal course of operation, is designed to prevent or restrict acts, in respect of works or objects of related rights, which are not authorised by the rights holder;

“traditional cultural expressions” or “expressions of folklore” means any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear or are manifested, and comprise the following forms of expressions or combinations thereof—

(i) verbal expressions, such as stories, epics, legends, poetry, riddles and other narratives; words, signs, names, and symbols;

(ii) musical expressions, such as songs and instrumental music;

(iii) expressions by action, such as dances, plays, ceremonies, rituals and other performances, whether or not reduced to a material form; or

(iv) tangible expressions, such as productions of art, in particular, drawings, designs, paintings (including body-painting), carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewellery, baskets, needlework, textiles, glassware, carpets, costumes, handicrafts, musical instruments, and architectural forms, which are—

(a) the products of creative intellectual activity, including individual and communal creativity;

(b) characteristic of a community’s cultural and social identity and cultural heritage; or

(c) maintained, used or developed by such community, or by individuals having the right or responsibility to do so in accordance with the customary law and practices of that community;

“work” means any literary or artistic work under sections 4(1) and 5(1), but does not include folklore;

“work of applied art” means an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

“work of joint authorship” means a work to the creation of which two or more authors have contributed.

PART II

COPYRIGHTS

4. Works protected.

(1) Literary and artistic works (hereinafter referred to as “works”) are original intellectual creations in the literary and artistic domain, including in particular—

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