COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (2) The material time, in relation to— (a) an unpublished literary, musical or artistic work, is when the work or a substantial part of the work was first made; (b) a published literary, musical or artistic work, is when the work was first published or, if the author died before that time, immediately before his death; (c) an audio-visual work, a sound recording or a broadcast, is when it was first made; (d) a cable programme, is when the programme was included in the cable programme service; (e) a published edition, is when the edition was first published. (3) The author of— (a) an architectural work that is erected in Zimbabwe; or (b) any other artistic work that is incorporated in a building in Zimbabwe; shall be deemed, for the purposes of this section, to have been ordinarily resident in Zimbabwe when the work was made, no matter where he may actually have resided. 12 Copyright by virtue of country of first publication (1) A work that is eligible in terms of section ten shall qualify for copyright protection if it is first published in Zimbabwe or in a designated country. (2) Without derogation from subsection (1)— (a) a computer program, audio-visual work or broadcast that is eligible in terms of section ten shall qualify for copyright protection if it is made in Zimbabwe or a designated country; (b) a programme-carrying signal that is eligible in terms of section ten shall qualify for copyright protection if it is emitted to a satellite from a place in Zimbabwe or a designated country. (3) For the purposes of subsection (1), a publication of a work shall not be treated as being other than the first publication solely because of an earlier publication elsewhere if the two publications took place within thirty days of each other. 13 Copyright in works by State or designated international organisations A work that is eligible in terms of section ten shall qualify for copyright protection if it is made by or under the direction of the State or an international organisation designated in regulations made in terms of section one hundred and thirty-five. 14 Ownership of copyright (1) Subject to this section and section five, the ownership of any copyright shall vest in the author of the work concerned or, in the case of a work of joint authorship, in the co-authors of the work. (2) Subject to this section and section five, the ownership of any copyright in a collective work shall vest in the person at whose instance and under whose direction the work was created or made. (3) Where a literary or artistic work is made⎯ Act 11/2001 - 18 Chapter 26:01

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