"writing" includes a form of notation, whether by hand or by printing, typewriting or a
similar process.
(2) A reference in this Act to a sound-track associated with a cinematograph film shall be
construed as a reference to a record of sounds which is incorporated in a print, negative, tape
or other article on which the film or part of it, in so far as it consists of visual images, is
recorded or which is issued by the author of the film for use in conjunction with such a print,
negative, tape or other article.
(3) A reference in this Act to the doing of an act in relation to a work, a performance, a
fixation of a performance or a reproduction of such a fixation, shall, unless the context
otherwise indicates, be construed as a reference also to the doing of that act in relation to a
substantial part of that work, performance, fixation of a performance or reproduction of such
a fixation, as the case may be.
(4) This Act shall, with reference to an act or omission outside the territorial limits of
Namibia by or on a ship or aircraft registered under a law in Namibia, apply in the same
manner as it applies with reference to acts or omissions within the territorial limits of
Namibia.
(5) Notwithstanding paragraph (h) of the definition of "author" in subsection (1), the author
of a computer program which is not computer-generated and made before the commencement
of this Act, shall be deemed to be the person who first made or created that program, but if
the program is original and has been published by a qualified person, that person shall be
presumed to be the owner of the copyright subsisting in that program unless the contrary is
proved.
(6) For the purposes of this Act the following provisions shall apply in connection with the
publication of a work:
(a) Subject to paragraph (e), a work shall be deemed to have been published if copies of that
work have been issued to the public with the consent of the owner of the copyright in that
work in sufficient quantities to reasonably meet the needs of the public, having regard to the
nature of the work.
(b) Publication of a cinematograph film or sound recording is the sale, letting, hire or offer
for sale or hire, of copies thereof.
(c) A publication shall not be treated as being other than the first publication by reason only
of an earlier publication elsewhere within a period of 30 days.
(d) Publication shall not include(i) a performance of a musical or dramatic work, cinematograph film or sound recording;
(ii) a public delivery of a literary work;
(iii) a transmission in a diffusion service;
(iv) a broadcasting of work;
(v) an exhibition of a work of art;
(vi) a construction of a work of architecture.