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(a) an unpublished literary, musical or artistic work, is when the work or a substantial part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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