COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) 3 Meaning of publication (1) Subject to this Act, a work shall be regarded as published— (a) if copies of the work are issued to the public; or (b) if the work is made available to the public— (i) by means of an electronic retrieval system; or (ii) through a public computer network; or (iii) by a public library or archive or other such non-profit-making institution for the purposes of public lending. (2) In the case of an architectural work in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work. (3) Without derogation from subsection (1), in the case of an audio-visual work or a sound recording or a copy thereof, selling or offering to sell the work, or letting it on hire or offering to let it on hire, shall be treated as equivalent to publication of the work. (4) The following shall not constitute publication for the purposes of this Act⎯ (a) in the case of a literary or musical work— (i) the performance of the work; or (ii) the broadcasting of the work; or (iii) the inclusion of the work in a cable programme service, otherwise than for the purpose of an electronic retrieval system; (b) in the case of an artistic work— (i) the exhibition of the work; or (ii) the issuing to the public of drawings or photographs of an architectural work, a sculpture or a work of artistic craftsmanship; or (iii) the issuing to the public of copies of an audio-visual work including the artistic work; or (iv) the broadcasting of the artistic work; or (v) the inclusion of the artistic work in a cable programme service, otherwise than for the purpose of an electronic retrieval system; (c) in the case of an audio-visual work or a sound recording— (i) the playing or showing of the work in public; or (ii) the inclusion of the work in a cable programme service, otherwise than for the purpose of an electronic retrieval system; (d) in the case of any work, the distribution, sale, letting on hire or loan of copies which have previously been put into circulation in Zimbabwe or a designated country. (5) Except in so far as it may constitute an infringement of copyright, a publication which is merely colourable and not intended to satisfy the reasonable requirements of the public shall be disregarded. (6) For the purposes of this section, no account shall be taken of any unauthorised act. Act 11/2001 - 14 Chapter 26:01