being, in any such case, an article the making of which constituted an infringement of the
copyright in that work, recording, film, broadcast or program or, in the case of an imported
article, would have constituted such an infringement if the article had been made in Namibia;
"judicial proceedings" means proceedings before a court, tribunal or person having by law
power to hear, receive and examine evidence on oath or affirmation;
"licence scheme", in relation to licences of any description, means a scheme prepared by one
or more licensing bodies, setting out the classes of cases in which they are willing, or the
person on whose behalf they act is willing, to grant licences of that description and the
charges, if any, and terms and conditions subject to which licences may be granted in those
classes of cases, and includes anything in the nature of such a scheme, whether described as a
scheme or as a tariff or by any other name;
"literary work" includes, irrespective of literary quality and in whatever mode or form
expressed(a) novels, stories and poetical works;
(b) dramatic works, stage directions, cinematograph film scenarios and broadcasting scripts;
(c) textbooks, treatises, histories, biographies, essays and articles;
(d) encyclopedias and dictionaries;
(e) letters, reports and memoranda;
(f) lectures, speeches and sermons; and
(g) tables and compilations,
but does not include a computer program;
"Minister" means the Minister of Information and Broadcasting;
"musical work" means a work consisting of music, exclusive of any words or action
intended to be sung, spoken or performed with the music;
"performance" includes a mode of visual or acoustic presentation of a work, including such
a presentation by the operation of a loudspeaker, a radio, television or diffusion receiver or by
the exhibition of a cinematograph film or by the use of a record or by any other means, and in
relation to lectures, speeches and sermons, includes delivery thereof; and references to
"perform" in relation to a work shall be construed accordingly, but shall not include
broadcasting or rebroadcasting or transmitting a work in a diffusion service;
"performer" means an actor. singer, musician, dancer or other person who acts, sings,
delivers, declaims, plays in or otherwise performs, a literary or musical work;
"photograph" means a product of photography or of a process analogous to photography,
but does not include any part of a cinematograph film;
"plate"includes any stereotype, stone, block, mould, matrix, transfer, negative, record, disc,
storage medium or any version of a work of any nature used to make copies;
"prescribed" means prescribed by regulation made under section 61;