89
(a) the producer is a national of Lesotho;
(b) the fIrst fIxation of the sound was made in Lesotho; or
(c) the phonogram was fIrst published in Lesotho.
(5) Protection of broadcasts under this Order is available where,
(a) the headquarters of the broadcasting organization is situated in Lesotho;
(b) the broadcast was transmitted from a transmitter situated in Lesotho.
(6) Protection of performers, phonograms and broadcasts under this Order
is also available where the performances, phonograms or broadcasts originate in
certain foreign countries prescribed by the Minister in accordance with such
requirements as the Minister may, by regulations, determine.
(7) This Order shall also apply to,
(a) unpublished works and works first published in a foreign country of authors
of foreign nationalities and having their residence in a foreign country;
Provided that the country where the author has his habitual residence or,
in the case of published works, the country of their first publication, grants
similar protection to nationals or residents of Lesotho for their unpublished
works or to works fIrst published in Lesotho;
(b) expressions of foreign folklore:
Provided that the country of the community from which such expressions
have been derived, grants similar protection to expressions of folklore
developed and maintained in Lesotho; and
(c) works, expressions of folklore, performances, phonograms and broadcasts
which are to be protected in Lesotho by virtue of, and in accordance with,
international conventions to which Lesotho is a party.
Regulations
39. (1) The Minister may make regulations prescribing anything
which under this Order is to be prescribed and generally for the better
carrying out of the objects and purposes of this Order.
(2) Without derogating from the generality of subsection (l),
regulations made under this section may provide for,
(a) the applications for licences t()f the translation of a work under section 10;
(b) the applications for licences fOr the reproduction of a work under section 11;
(c) the mode and manner of assessment and payment of remuneration for the
recording of musical rights in terms of section 12;
(d) the conditions under which licence contracts for the use of author's works
may be granted;
(e) the authorization of utilizations of the expressions of folklore;
(0 the fees and tariffs payable in respect of any matter under this Order;
(g) the composition, procedure and quorum of the Society in terrns of section
31 (3);
(h) countries of origin in respect of certain protected performances, phonograms