38
Copyright
No. 26
Provided that the works are of the same nature as works that are
covered by the extended collective licence.
(3) A collective licence agreement permitting the use of works of
authors represented either directly or through their associations by
the Society, representing, as confirmed by the Minister, a substantial
part of the authors concerned whose habitual residence is in Malawi,
shall, subject to the terms and conditions of the agreement, extend
to the use of works of authors whom the Society does not represent:
Provided that such works are of the same nature as works that are
covered by the extended collective licence and limited to the uses
permitted by the extended collective licence, in so far as the
permission regards__
(a) the reproduction, in the original or in translation, in a
collection consisting of works by a large number of authors,
which is intended for use in religious services or in education of
minor parts of literary, dramatic or musical works, or short works
in these categories, and for the purpose of illustration of artistic
works that are pertinent to the text, unless the author has notified
the Society that any such use is subject to the author’s
authorization, such notification to be made in writing and to be
communicated to the licensed user:
Provided that__
(i) the work has already been lawfully made available to the
public;
(ii) if the collection is intended for use in education, the
work reproduced was not created for educational use; and
(iii) such use is compatible with fair practice;
(b) the reproduction of a work, or the fixation of a broadcast of
a work, by an establishment or organization and its students, for
use within the educational activities of said body:
Provided that__
(i) the copy made renders the work in the same form as the
copy from which the reproduction was made and in which the
work has already been lawfully made available to the public
and the electronic scanning of printed material and the making
of printouts from machinereadable material shall be
permissible;
(ii) any fixation made from a broadcast shall not include an
audiovisual work that must be perceived as also intended for
uses other than presentation via broadcast, unless only minor
parts thereof are used in the broadcast from which the fixation