(c) the manufacturer intends to sell the record by retail or to supply it for the purpose of resale
by retail by another person or to use it for making other records to be so sold or so supplied;
and
(d) in the case of a record which is sold by retail or supplied for the purpose of resale by
retail, the manufacturer pays to the owner of the copyright the prescribed royalties in the
prescribed manner and at the prescribed time.
(2) Where a record, whether with or without other material, comprises a performance of a
musical work or of an adaptation of a musical work in which words are sung or spoken that
are incidental to, or in association with, the music and no copyright subsists in that work or, if
copyright does subsist therein, the conditions specified in subsection (1) are fulfilled in
relation to such copyright and(a) the words consist or form part of a literary work in which copyright subsists;
(b) the records referred to in paragraph (a) of subsection (1) were made or imported by, or
with the licence of, the owner of the copyright in the literary work; and
(c) the conditions specified in paragraphs (b) and (d) of subsection (1) are fulfilled in relation
to the owner of that copyright, the making of the record shall not constitute an infringement
of the copyright in the literary work.
(3) For the purposes of this section an adaptation of a work shall be deemed to be similar to
an adaptation thereof embodied in a previous record if the two adaptations do not differ
substantially in their treatment of the work, either in respect of style or, apart from a
difference in number, in respect of the performers required to perform them.
(4) A manufacturer may for the purposes of paragraph (a) of subsection (1) make the
prescribed enquiries in order to ascertain whether the previous records referred to in that
paragraph were previously made or imported into Namibia, and if the owner of the copyright
fails to reply to any such enquiry within the prescribed period, the previous records shall be
taken to have been made or imported, as the case may be, with the licence of the owner of the
copyright.
(5) Subsections (1), (2), (3) and (4) shall apply also with reference to records of a part of a
work or an adaptation thereof, but subsection (1) shall not apply with reference to(a) a record of the whole of a work or an adaptation thereof unless the previous records
contemplated in paragraph (a) of subsection (1) were records of the whole of the work or of a
similar adaptation; or
(b) a record of a part of a work or an adaptation thereof unless the records previously made in
or imported into Namibia as contemplated in paragraph (a) of subsection (1) were records of,
or which included, that part of the work or records of a similar adaptation.
18
General exceptions regarding protection of artistic works
(1) The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph
film or television broadcast or its transmission in a diffusion service, if(a) such inclusion is merely by way of background to the principal matters represented in the
film, broadcast or transmission or incidental thereto;