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 - 72 Chapter 26:01

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