54
Copyright
No. 26
(b) distribution to the public of the sound recording or audio
visual fixation;
(c) communication to the public of the sound recording or
audiovisual fixation in such a way that members of the public
may access the recording from a place and at a time individually
chosen by them or;
(d) making available to the public of a sound recording or
audiovisual fixation by wire or wireless means in such a way
that members of the public may access the sound recordings or
audiovisual fixation at any time.
(2) Tangible copies of a sound recording or audiovisual fixation
which have been sold or otherwise assigned by, or with the consent
of the producer may, regardless of whether the transfer of the copy
occurred in Malawi or elsewhere, be distributed to the public, and
the producer shall retain the right of commercial rental.
(3) For the purposes of this section, a copy of a sound recording
or audiovisual fixation shall be unlawful if, with or without
imitating the outward characteristics of the original sound recording
or audiovisual fixation it incorporates all or part of the producer’s
sound recording without his authorization.
(4) When there is an agreement with the Society permitting
reproduction or fixation, as set out in section 58 (3), of sound
recordings or audiovisual fixation section 58 shall apply
correspondingly to the use of sound recordings or audiovisual
fixation of producers who are not represented by the Society:
Provided that the agreement has been entered into by the Society
in its capacity of representing, as confirmed by the Minister, a
substantial part of the producers concerned whose habitual
residence or headquarters is in Malawi.
(5) Where a published sound recording or audiovisual fixation is
used for public performance, for broadcasting or for any other form
of communication to the public except that which is subject to
authorization under subsection (1) (c), the provisions in section 80
regarding remuneration to the producer and the performers apply.
Obligations
of producers
(6) The protection referred to in subsection (1) shall subsist for
fifty years computed from the end of the year in which the sound
recording or audiovisual fixation was made, or, if it is published
within that period, from the end of the year in which it was
published for the first time.
79.__(1) A producer of a sound recording or audiovisual fixation
shall state on the label of the recording or on its container__