COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(b) the appropriate local authority concerned were the owner of the copyright in the
reserved work of folklore, where rights in it have been reserved to such an authority.
84 Freedom to do certain things in relation to reserved works of folklore
(1) Notwithstanding any other provision of this Part, anything that may be done in terms
of section twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty-one, thirty-six,
thirty-seven, forty-one, forty-two, forty-three or forty-four without infringing the copyright in a
work may be done in relation to a reserved work of folklore without a licence granted under
section eighty-five.
(2) Any person may do any of the things referred to in section seventeen or eighteen in
relation to a reserved work of folklore ⎯
(a) otherwise than for gain, if he does not prejudice the rights of any person to whom a
licence has been granted under section eighty-five; or
(b) for gain, if⎯
(i) where the right to do the thing has been reserved to the President, he is a citizen
of Zimbabwe and he does the thing for his personal gain or for the gain of other
persons who are citizens of Zimbabwe;
(ii) where the right to do the thing has been reserved to a community, he is a member
of that community and he does the thing for his personal gain or for the gain of
other persons who are members of that community.
(3)
Any person may use a reserved work of folklore to create an original work.
85 Licensing of reserved works of folklore
(1)
Subject to this section—
(a) the Minister may grant a written licence to any person or class of persons authorising
him or them, as the case may be, to do anything in relation to a reserved work of
folklore, where the right to do that thing has been reserved to the President;
(b) the appropriate local authority concerned may grant a written licence to any person or
class of persons authorising him or them, as the case may be, to do anything in relation
to a reserved work of folklore, where the right to do that thing has been reserved to the
appropriate local authority:
Provided that neither the Minister nor an appropriate local authority shall grant an exclusive
licence to any person.
(2) A licence granted under subsection (1) may require the licensee to pay a fee for doing
anything under the licence, and any such fee shall be paid into⎯
(a) the Consolidated Revenue Fund, where the licence is granted by the Minister; and
(b) the revenues of the appropriate local authority concerned, where the licence is granted
by such a local authority:
Provided that the appropriate local authority shall apply the fee in such manner as
the appropriate local authority considers will benefit members of the community
concerned or any class of such members.
Act 11/2001
- 48
Chapter 26:01
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