12
Copyright
No. 26
(a) literary, dramatic, musical and artistic audiovisual
works__
(i) of an author who is a citizen of Malawi or has his
habitual residence in, Malawi; or
(ii) which are first published in Malawi, irrespective of
the nationality or residence of the authors;
(b) audiovisual works where__
(i) the maker of the work has his habitual residence, or has
its headquarters, in Malawi; or
(ii) the work was first published in Malawi; and
(c) works of architecture erected in Malawi or other artistic
works incorporated in a building or other structure located in
Malawi.
(2) The protection under this Act of expressions of folklore shall
apply to expressions of folklore belonging to the traditional or
cultural heritage of Malawi developed and maintained by__
(a) ethnic or local communities in Malawi; or
(b) unidentified Malawian individuals.
(3) The rights granted by this Act to performers shall apply to
performers, where__
(a) the performer is a citizen of Malawi;
(b) the performance took place in Malawi;
(c) the performance is fixed in a sound recording qualifying for
protection under subsection (4); or
(d) the performance, which has not been fixed in a sound
recording, is embodied in a broadcast qualifying for protection
under subsection (5).
(4) The rights granted by this Act to producers of sound
recordings shall apply, where__
(a) the producer of the sound recording is a citizen of Malawi
or has his habitual residence or its headquarters in Malawi;
(b) the first fixation of the sound recording was made in
Malawi; or
(c) the sound recording was first published in Malawi.
(5) The rights granted by this Act to a broadcasting organization
with regard to their broadcasts shall apply where__
(a) the headquarters of the broadcasting organization is
situated in Malawi; or