COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) purpose without any authority required under this Act, that copy shall thereupon be regarded as an infringing copy; “judicial proceedings” means proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights and liabilities; “licence” means⎯ (a) an exclusive licence or a non-exclusive licence; or (b) a compulsory licence granted in terms of regulations made under section one hundred and thirty-five; and “licensee” shall be construed accordingly; “licence scheme” means a scheme setting out— (a) the classes of case in which a collecting society, or a person on whose behalf a collecting society acts, is willing to grant licences; and (b) the charges, if any, and the terms and conditions subject to which licences will be granted in those classes of case; and includes anything in the nature of such a scheme, whether described as a scheme or as a tariff or by any other name; “literary work” means any work which is written, spoken or sung, irrespective of its literary quality or the mode or form in which it is expressed, and includes— (a) dramatic works, stage directions, film scenarios and broadcasting scripts; and (b) letters, reports and memoranda; and (c) lectures, speeches and sermons; and (d) computer programs; and (e) tables and compilations; but does not include musical works; “Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “moral rights” means the rights conferred by sections sixty-one, sixty-three, sixty-four and sixty-five; “musical work” means a work consisting of music, but does not include any words or action intended to be sung, spoken or performed with the music; “non-exclusive licence” means— (a) a licence referred to in paragraph (b) of subsection (2) of section forty-nine; or (b) a sub-licence conferring on the sub-licensee the same exclusive rights as the holder of a licence referred to in paragraph (a); and “non-exclusive licensee” shall be construed accordingly; Act 11/2001 - 11 Chapter 26:01

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