COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
B. the use of any apparatus or process for reprographic copying by
educational institutions and libraries which reproduce or are likely to
reproduce works, whether in accordance with section twenty-five or
otherwise, or in accordance with a compulsory licence referred to in
paragraph (a);
and
(ii) the proceeds of any levy referred to in subparagraph (i) are paid to or for the
benefit of authors and performers whose works or performances are being or are
likely to be reproduced in terms of section forty-one or forty-two or by an
educational institution or library referred to in subparagraph B of subparagraph
(i) or under a compulsory licence referred to in paragraph (a);
(d) declare invalid any term or condition in a licence or licence scheme which, in the
Minister’s opinion⎯
(i) is not reasonably necessary to protect copyright or any other right conferred by
this Act in a work; and
(ii) unduly restricts the rights of any licensee;
(e) prescribe the classes of works in respect of which collecting societies may be registered
in terms of Part X;
(f) confer powers on the Registrar in regard to the settlement of disputes regarding
infringement of copyright or the terms and conditions of any licence or any assignment
of copyright;
(g) prescribe fees payable in respect of any notice given to the Director of Customs and
Excise under section sixty, and the reimbursement of the Director of Customs and
Excise for any expenses incurred in detaining any articles in consequence of any notice
or order under that section.
(3) Before making regulations referred to in paragraph (c) of subsection (2) providing for
the imposition of any levy, the Minister shall consult the Ministers responsible for finance and
trade.
(4) When making any regulations in terms of subsection (1) the Minister shall have regard
to Zimbabwe’s obligations under any international convention, treaty or agreement relating to
copyright.
(5)
Any person who is aggrieved by⎯
(a) any compulsory licence issued under regulations referred to in paragraph (a) of
subsection (1), or any refusal or failure to grant such a licence or any term or condition
of such a licence; or
(b) any scheme established by regulations referred to in paragraph (b) of subsection (2), or
any act done under such a scheme; or
(c) any regulations referred to in paragraph (c) of subsection (2);
may refer the matter to the Tribunal, and the Tribunal may make such order as the Tribunal
determines to be reasonable in the circumstances.
(6)
Without derogation from subsection (5), the Tribunal may⎯
Act 11/2001
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Chapter 26:01
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