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Copyright
No. 26
(a) for the purposes of education;
(b) by way of illustration in an original work of an author
provided that the extent of such use is compatible with fair
practice;
(c) use of expressions of folklore for creation of an original
work by an author inspired by folklore; and
(d) incidental use of expressions of folklore, including__
(i) that which can be seen or heard in the course of a current
event by means of photography, broadcasting or audiovisual
work or sound recording:
Provided that the extent of such use is justified by the
informative purposes thereof; and
(ii) use of objects containing the expressions of folklore
which are permanently located in a place where they can be
viewed by the public, if the use consists in the inclusion of their
image in a photograph, a film or a television broadcast.
Source of
expressions of
folklore to be
acknowledged
70. A user of the expression of folklore shall acknowledge the
source from where the expressions of folklore used by him in any
printed publication or communication to the public except for uses
referred to in section 69 (c) and (d).
Authorization
for use of
expressions
of folklore
71.__(1) Authorization of any use of expressions of folklore may
be general or specific and may be granted upon application in
writing to the Minister.
(2) The refusal by the Minister to grant an application shall not
act as a bar to any subsequent application in respect of the same
expression of folklore for which authorization was not granted or
other expression of folklore.
Non
hindrance of
development
of folklore
Protection
under this
Part is
additional
72. The protection of expressions of folklore under this Act shall
not in any way be construed so as to hinder the normal use,
maintenance and development of expressions of folklore.
73. Protection of expressions of folklore conferred by this Part
shall be additional to, and shall not in any way limit or prejudice
protection on such expressions conferred by any other written law
or treaty to which Malawi is a party.
PART VIII__PERFORMERS, PRODUCERS OF SOUND RECORDINGS,
BROADCASTERS AND PUBLISHERS