COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) 4 Construction of references to when work was made (1) A work, other than a broadcast or a programme-carrying signal, shall be deemed for the purposes of this Act to have been made when it was first reduced to writing, recorded or reduced to material form. (2) A broadcast shall be deemed to have been made when it was first broadcast. (3) A programme-carrying signal shall be deemed to have been made when it was first transmitted to a satellite. 5 Construction of references to owner of copyright (1) Where different persons are entitled to different aspects of copyright in a work, whether as a result of a partial assignment or otherwise, the owner of the copyright shall be deemed to be the person who is entitled to the aspect of copyright relevant for that purpose. (2) Where copyright, or any aspect of copyright, is owned by two or more persons jointly, references in this Act to the owner of the copyright shall be construed as references to all the owners. 6 Construction of references regarding transmission of works through cable programme services and through broadcasting (1) Where a work is transmitted to subscribers to a cable programme service— (a) the person operating the service, that is to say, the person who in the agreements with the subscribers to the service undertakes to provide them with the service, shall be deemed to be the person causing the work to be so transmitted, whether or not he transmits the programmes; (b) no person, other than the person referred to in paragraph (a), shall be deemed to be causing the work to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programme. (2) Where a work that is broadcast or included in a cable programme service is performed by the operation of any⎯ (a) radio, television or other receiving apparatus; or (b) loudspeaker or other apparatus for reproducing information by the use of a record; which is provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier shall, for the purposes of this Act, be deemed to be the person giving the performance, whether or not he is the person operating the apparatus. (3) Any reference in this Act to the reception of a broadcast shall be construed as including its reception directly from the broadcaster’s transmission or from a re-transmission made by any person from any place, whether in Zimbabwe or elsewhere. (4) In subsection (3)⎯ “re-transmission” means any re-transmission, whether over paths provided by a material substance or not, including any re-transmission made by making use of any record on which the broadcast in question has been recorded. Act 11/2001 - 15 Chapter 26:01