COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
“public institution” means any association or body, whether corporate or unincorporated,
established by or under an enactment, which is engaged in the promotion, preservation
or development of works of folklore, and includes a museum, library, art gallery, arts
foundation or arts group;
“reservation” means a reservation under subsection (1) of section eighty-one of any rights in
relation to a work of folklore;
“reserved work of folklore” means a work of folklore in respect of which a reservation has
been made;
“work of folklore” means a literary, musical or artistic work, whether or not it is recorded,
of which⎯
(a) no person can claim to be the author; and
(b) the form or content is embodied in the traditions peculiar to one or more
communities in Zimbabwe;
and includes⎯
(i) folk tales, folk poetry and traditional riddles; and
(ii) folk songs and instrumental folk music; and
(iii) folk dances, plays and artistic forms of ritual; and
(iv) productions of folk art, in particular drawings, paintings, sculptures, pottery,
woodwork, metalwork, jewellery, baskets and costumes.
81 Reservation of rights in works of folklore
(1)
Subject to this section, the Minister may, by notice in the Gazette, reserve⎯
(a) to the President the exclusive right to authorise the doing of any one or more of the
things referred to in section seventeen or eighteen in relation to a work of folklore
whose form or content is embodied in the traditions of all communities within
Zimbabwe; or
(b) to a local authority the exclusive right to do or authorise the doing of any one or more of
the things referred to in section seventeen or eighteen in relation to a work of folklore
whose form or content is embodied in the traditions of any community a substantial
number of whose members reside within the area of the local authority:
Provided that, where substantial numbers of members of a particular community
reside within the areas of two or more local authorities, the Minister may reserve such
rights to any or all of such local authorities, or apportion the rights amongst them.
(2)
Before making a reservation, the Minister shall⎯
(a) consult any Minister responsible for culture and, in the case of a work of folklore
peculiar to a particular community, any member of that community engaged in the
promotion, preservation or development of such works of folklore; and
(b) publish a notice in the Gazette, and in such newspaper or newspapers as he considers
appropriate, of his intention to make the reservation.
(3)
A notice published in terms of paragraph (b) of subsection (2) shall—
Act 11/2001
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