Malawi
Tile
Gazette Supplement, dated
8th
Fe bruary, 2008, confaini ng
(No. lA)
Regul ations , I:(ules, de..
GOVER;'i;\AE\TNOTICENO. I
COPYRIG HT ACT
(CAP. 49 :03)
COPYRIGHT (PRODUCTION, IMPORTAT ION Al'D DISTRIBUTION OF
SOC:<D AND AUDIO-VI SUAL RECORD INGS) LICENSING
REGULATIONS, 2007 .
IN EXERCISE of Ihe powers conferred by section 56 of the Copyright Act, I, CALlSTA
)\ 1inister of Tourism , \Vildlife and Culture, being th e Minister responsible for
copyr ig ht matters, make the following Regulalions CH I~O~BO,
J. These Rt:gu lalions may be: cited as the Copyright (Product ion, Citauon
Import ation and Distribution of Sound and Audio- Visual Recordings)
Licensing Regulations. 2007 .
2.
In these Reg ulat ions, unless (h e con tex t otherwise requires._
Inlupret3110n
"hologram" means an adhesive labe l issued by the Society.
t
I
3.
No person shall produce, dislribute or impon for dislribution sound Licence
recordings, audio-visual recordings or audio work s in Ma lawi except under a First
licence issued by the Society and as sel ou t in Pans V, VI, VII, VIlI and IX of Schedule
the First Schedule.
4. A hologram shall be affi xed to each and every sound recording, Adhesh't:
audio-visual recording or audio works which is distributed or offered or label
OIhenvise exposed to the public for distribution by way ofsale, hire, renla l or
otherwise within Malaw i.
.
5. The hologram shall be delivered exclusively by the Society after Society 10
verification that the sound recording? audio-visual recording or audio works iss ue
has been pro<lm:cu a"d/or published in Malawi or imponed into Malawi adhesive:
labels
w ithout infringing any copyright granted under the Act.
6 . Any sound recording. audio-visual recording or audio works Seizure
without a hologram and which is imponed, distributed, offered or exposed to
the public for sale, rental or othenvise within Malawi shall b~ considered as a
copy infringing copyright granted under the Act and s hall be seized by the
Socie!)" a police officer or an officer of the Department of Customs and
Excise.
7.---{1) The Society shall retain the seized inrringing copies for a period
of up to sixty (601 days from the date of the seizure.
(2) The owner of the seized infringing copies may submit an
objectiGn against the seizure t~ the 'Society within the sixty (60) days giving
I
.
reasons for the objection .
Lcnglh of
scizure and
(evocation