Copyright and Neihbouring Rights Act, 2006

Short title: 

Copyright and Neihbouring Rights Act

Date of promulgation: 

31 May 2006

Date of commencement: 

4 August 2006

Download Original File: 

ARRANGEMENT OF SECTIONS.

Section-                                          part I—Preliminary

  1. Short title
  2. Interpretation
  3. Application of the Act

Part II—Copyright Protection and Rights

  1. Author entitled to copyright protection
  2. Work eligible for copyright
  3. Ideas not protected
  4. Public benefit works not protected
  5. Employed authors and works for Government or international bodies
  6. Economic rights of author
  7. Moral rights of author
  8. Co-author’s right
  9. Fine art works to have inalienable right in proceeds of sale

Part III—Duration of Copyright and Authorized Uses of Protected Works

  1. Duration of copyright protection
  2. Assignment of licence or transfer of a copyright
  3. Fair use of works protected by copyright
  4. Ephemeral recording
  5. Non-exclusive licence
  6. Scope and condition of non-exclusive licence
  7. Translation for broadcasting
  8. Records of copyright centres

Part IV—Neighbouring rights

  1. Neighbouring rights and persons entitled
  2. Rights of a performer

Section.

  1. Moral rights of a performer
  2. Action not authorized without a specific provision in a contract
  3. Authorization in a co-performance
  4. Duration of protection of performer
  5. Rights of Director
  6. Rights of producer
  7. Duty to indicate moral right information
  8. Notice of protection of producer’s rights
  9. Remuneration for broadcasting
  10. Rights of a broadcasting company
  11. Producers of programme carrying signals.
  12. Limitation on neighbouring rights.

Part V—Contracts Relating to the Exploitations of Author’s Rights.

  1. Contracts to be in writing
  2. Publishing contracts
  3. Public performance contracts
  4. Broadcasting contracts
  5. Voidable contracts
  6. Remuneration payable to author

Part VI—General Provisions Relating to Administration of Copyright

  1. Registrar of copyright and other officers
  2. Functions of the registrar
  3. Registration of rights
  4. Users of work to apply for licence
  5. Civil remedies
  6. Infringements of copyright
  7. offences and penalty
  8. Infringement of neighbouring right
  9. Offences by body of persons
  10. Penalties and compensation
  11. Proof of facts
  12. Staff of collecting society etc to act as inspector
  13. Entry into premises
  14. Mode of inspection of premises Section.
  15. inspectors not personally liable
  16. Suspension of release by customs authorities

Part VII—General Provisions Relating to Collecting Societies

  1. Collecting societies to be registered
  2. Qualifications for registration
  3. Conditions for registration
  4. Application for registration
  5. Registration of a society on probation
  6. Indication of probationary registration
  7. Cancellation of registration
  8. Full registration of society
  9. Qualification for membership of a society
  10. Address of society
  11. Amendment of the articles and rules of a registered society
  12. Act e.t.c to be kept and list of members open for inspection

Financial Provisions relating to Societies

  1. Audit, annual returns and accounts
  2. Estimates and expenditure
  3. Voluntary amalgamation of societies
  4. Investment of funds
  5. Provident and benevolent fund

Supervision of Societies

  1. Inspection
  2. Ad hoc committee of inquiry


 

  1. Cancellation of registration after inquiry or inspection
  2. Cancellation of registration of a collecting society 7 8.    Appointment of liquidator

Part VIII—General Provisions

  1. Settlement of disputes
  2. Remuneration of officers
  3. Reciprocal protection
  4. Regulations
  5. Amendment of Schedules

Part IX—Transition Provisions

  1. Repeal and saving
  2. Existing societies


 

An Act to repeal and replace the Copyright Act, and to provide for the protection of literary, scientific and artistic intellectual works and their neighbouring rights; and to provide for other related matters.

Date of Assent: 31st May, 2006.

Date of Commencement:4th August, 2006.

Be it enacted by Parliament as follows:

Part I—Preliminary.

  1. Short title

This Act may be cited as the Copyright and Neighbouring Rights Act, 2006.

  1. Interpretation

In this Act, unless the context otherwise requires—

“audio visual fixation” means work consisting of a series of related images which impart the impression motion, with or without accompanying sounds, susceptible of being made visible and where accompanied by sound, susceptible of being audible such as cinema, television or video films;

“author” means the physical person who created or creates work protected under section 5 and includes a person or authority commissioning work or employing a person making work in the course of employment;

“braille” means writing of the blind consisting of raised dots which are read by touching;

“broadcast” has the same meaning assigned to under the Uganda Communications Act;

“broadcasting company” means a company which—

  1. communicates or carries on transmission or broadcasts programmes

of sound, video or data intended for simultaneous reception by the public; or

  1. provides or supplies audio-visual fixation rental communication or

library services;

  1. provides services by wire or wireless means in such a way that

members of the public access the fixation from a place and at a time individually chosen by them;


 

“choreography” means steps and movements of a dance and “choreographic work” includes any form of dance or body movement communication whether in a dramatic form or not;

“communication to the public” means the operation by which sounds or images or both sounds and images are transmitted to the public whether through broadcast, performance or other means and “public” excludes a family setting or function;

“computer