58
Copyright
No. 26
fixations of a live performance except in the context of reporting
of current events, including the reporting of them in conjunction
with section 44 or 50;
(d) the provisions in sections 44 and 50 shall not apply to
typographical arrangements;
(e) the provisions in section 49 shall not apply.
(2) Section 59 shall apply, mutatis mutandis, to performances,
sound recordings audiovisual works broadcasts and typographical
arrangements.
PART IX__PUBLIC DOMAIN
Works and
related subject
matter in the
public domain
84.__(1) The following works shall belong to the public
domain__
(a) works whose terms of protection have expired;
(b) works in respect of which authors have renounced their
rights; and
(c) foreign works that do not enjoy protection in Malawi.
(2) For the purpose of subsection (1) (b), renunciation by an
author or his successor in title of his moral rights referred to in
section 30 shall be in writing and made public:
Provided that any such renunciation shall not be contrary to any
previous contractual obligation relating to the work.
(3) When a work is in the public domain the provisions of this Act
shall not prevent or limit its use.
(4) This section shall apply, mutatis mutandis, to__
(a) performances, sound recordings audiovisual fixation
broadcasts and typographical arrangements whose terms of
protection have expired, or to which the owners of the rights have
renounced their rights; and
(b) foreign performances, sound recordings audiovisual
fixation and broadcast that do not enjoy protection in Malawi.
Technological
measures
PART X__TECHNOLOGICAL MEASURES AND RIGHTS MANAGEMENT
INFORMATION
__
85. (1) Where an effective technological measure is used by, or
with the consent of, an owner of copyright or any related, it shall be
considered unlawful and an infringement of such rights__
(a) to manufacture, import for distribution to the public,
distribute or offer to the public or possess for commercial
purposes any device, product, component or means that__