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Use of works in the public the domain
18. (1) In the case of work... in
public domain only the Registrar or a person
duly authorised by him pas the right to authorize the acts mentioned in section
7, with the restrictions referred to in sections 9 and 12.
(2) For the purposes of subsection (1), the following works shall be considered
to be in the public domain,
(a) works whose term of protection has expired;
(b) works whose authors have no successors in title;
(c) works whose owners have renounced copyright protection.
Utilizations subject to authorization
19. (1) Subject to the exceptions provided for in section 20, the following
utilizations of expressions of folklore are subject to authorization by the Minister
by regulations when they are made both with gainful intent and outside their
traditional or customary context,
(a) any publication, reproduction and any distribution of copies of expressions
of folklore; and
(b) communication to the public, including recitation, performance,
broadcasting or distribution by cable, of expressions of folklore.
(2) The following expressions shall be considered to be expressions of folkore,
(a) folk tales, folk poetry, riddles;
(b) folk songs and instrumental folk music;
(c) folk dances, plays and artistic forms of rituals;
(d) productions of folk art, in particular, drawings, pamtmgs, carvings,
sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery,
basket costumes; and
(e) traditional musical instruments.
Exceptions
20.
Section 19 shall not apply in the following cases,
(a) utilization for the purposes of education;
(b) utilization by way of illustration in an original work of an author or authors:
Provided that the extent of such utilization is compatible with fair practice;
(c) borrowing expressions of folkore for creating an original work of an author
or authors inspired by folklore;
(d) incidental utilization of expressions of folklore, including, in particular,
(i) utilization of an expression of folkore that can be seen or heard in the
course of a current event for the purpose of reporting on that current
event by means of photography, broadcasting or sound or visual
recording:
Provided that the extent of such utilization is justified by the informatory
purposes; and
(ii) utilization of objects containing the expressions of folklore which are