arrangement of sections preliminary part ii

[21st April 2014] Supplement to Official Gazette 43

COPYRIGHT ACT, 2014

(Act 50/2014)

ARRANGEMENT OF SECTIONS

SectionsPART I

PRELIMINARY

I. Short title and commencement2. Application3. Interpretation

PART IICOPYRIGHTS

4. Works protected5. Derivative works6. Subject matters not protected7. Economic rights8. Moral rights9. Private reproduction for personal purposes10. Temporary reproductionII. Quotation12. Reproduction and other utilisation for teaching13. Reproduction by libraries and archives14. Reproduction, broadcasting and other communication to public for

informatory purposes15. Reproduction and adaptation of computer programs16. Visually impaired persons17. Ephemeral recordings18. Use for public security and for performance or reporting of

proceedings19. Duration of copyright20. Original ownership of economic rights .21. Presumption of authorship, producers of audio-visual works and

publications22. Assignment and licensing of economic rights

44 Supplement to Official Gazette [21st April 2014]

23.24.25.26.27.

PART IIIPROTECTION OF PERFORMERS, PRODUCERS OF

PHONOGRAMS AND BROADCASTING ORGANISATIONS

Rights of performersRights of phonograms producersEquitable remuneration for use of phonogramsRights of broadcasting organisationsLimitations on protection

28.

PART IVVOLUNTARY REGISTRATION OF COPYRIGHTS

Voluntary registration of copyrights

PART VENFORCEMENT OF RIGHTS

29.30.31.32.33.34.

Provisional measuresCivil remediesOffences and penaltiesTechnological protection measuresProtection of rights management informationProhibited acts deemed to be infringement of rights

PART VIM.ISCELLANEOUS

35.36.37.38.

Scope of application of copyrightsScope of application of related rightsRegulationsRepeal and savings


COPYRIGHT ACT, 2014

(Act 50[2014)

I assent

• J;A. MichelPresident

15th April, 2014

AN ACT to consolidate and amend the law relating tocopyrights so as to give effect to the provisions of the WorldTrade Organisation's Agreement on Trade-Related Aspects ofIntellectual Property Rights, 1994 and to repeal and replace theCopyright Act and for matters connected therewith orincidental thereto.

ENACTED by the President and the National Assembly.

PART IPRELIMINARY

1. This Act may be cited as the Copyright Act, 2014and shall come intooperation on such date as the Minister may,byNotice published in the Gazette, appoint.

Short title andcommencement


Application 2.(1) The provisions of this Act shall apply to works,performances, phonograms and broadcasts created before orafter the commencement of this Act, provided that the periodof protection had not expired under the laws of Seychelles orthe laws of the country of origin of such works, performances,phonograms or broadcasts that are to be protected under aninternational treaty to which the Republic of Seychelles is aparty.

(2) The provisions of this Act shall not affect contractson works, performances, phonograms and broadcastsconcluded before the commencement of thisAct.

Interpretation 3. In thisAct, unless the context otherwise requires,-

"audio-visual work" means a work that consists ofa series of related images which impart theimpression of motion, with or withoutaccompanying sounds, susceptible of being madevisible, and where accompanied by sounds,susceptible of being made audible;

"author" means the natural person who has createdthe work;

"broadcasting" means the communication of awork. a performance or a phonogram to the publicby wireless transmission, including transmissionby satellite;

"circumvent technological protection measures"means to avoid, bypass, remove, deactivate, orimpair these measures, including descrambling ascrambled work or object of related right ordecrypting an encrypted work or object of relatedright;

"communication to the public" means thetransmission by wire or by wireless means of a


work, aperformance, a phonogram or a broadcast insuch a way that it can be perceived by personsoutside the normal circle of a family and its closestsocial acquaintances at a place or places so distantfrom the place where the transmission originatesthat, without the transmission, the work,performance, phonogram or bro~dcast ~ould not beperceivable, including the makmg available of thework or other protected subject matter in s~ch awaythat members of the public may access It from aplace and at a time individually chosen by them;

"computer" means an electronic or similar devicehaving information-processing capabilities;

"computer program" is a set of ~nstructionsexpressed in words, codes, sche~es or in any o~herform, which is capable, when mcorporated in amedium that the computer can read, of causing acomputer to perform or achieve a particular task orresult;

"distribution" means putting into public circulationthe original or a copy of a work, a fixation of aperformance or a phonogram in tangible formthrough sale or other transfer of owners~ip,including importing for the purpose of such puttmginto circulation and public offering for sale andother transfer of ownership;

"fixation" means the embodiment of sounds,images or both or of the representations thereof,from which they can be perceived, reproduced orcommunicated through adevice;

"folklore" means all ancient literary, artistic ormusical works created in Seychelles, passed fromgeneration to generation and constituting a basicelement ofthe cultural heritage of Seychelles;

48 Supplement to Official Gazette [21stApri12014]

"infringement" means any act that violates anyrights protected under this Act;

"Minister" means the Minister responsible forculture;

"owner of copyright" means-

(i) where the economic rights are vested in theauthor, the author;

(ii) where the economic rights are originallyvested in a natural person other than theauthor or in a legal entity, that person orentity; or

(iii) where the ownership of the economic rightshas been transferred to a natural person orlegal entity, that person or entity;

"performers" means singers, musicians, and otherpersons who sing, deliver, declaim, play in, orotherwise perform literary and artistic works ortraditional cultural expressions or expressions offolklore; ,

"phonogram" means the fixation of the sounds of aperformance or of other sounds, or of arepresentation of sounds, other than in the form of afixation incorporated in a cinematographic or otheraudio-visual work;

"photographic work" means a recording of light orother radiation on any medium on which an imageis produced or from which an image may beproduced, irrespective of the technique (chemical,electronic or other) by which such recording ismade; a stil1picture extracted from an audio-visual '"work shall not be considered a "photographicwork" but a part of the audio-visual workconcerned;


"producer" of an audio-visual work or a phonogrammeans the natural person or legal entity thatundertakes the initiative and responsibility for themaking of the audio-visual work or phonogram;

"public performance" means-

in the case of a work other than an audio-visual work, the recitation, playing, dancing,acting or otherwise performing the work,either directly or by means of any device orprocess;

in the case of an audio-visual work, theshowing of images in sequence and themaking of accompanying sounds audible; or

(iii) in the case of a phonogram, making therecorded sounds audible,

(i)

(ii)

at a place or places where persons outside thenormal circle of the family and its closestacquaintances are or can be present;

"publication" and "published" in respect of a work,or a phonogram, is the making of tangible copiesavailable to the public in a reasonable quantity forsale, rental, public lending or for other transfe~ ofthe ownership or the possession of the copies,provided that, in the case of a work, the makingavailable to the public took place with the consentof the author or other owner of copyright, and in thecase of a phonogram, a fixation of a performancewith the consent of the producer of the phonogramor his successor in title;

"Registrar" means the Registrar of Copyrightsappointed under section 28( 1);

50 [21st April 2014]Supplement to Official Gazette

"rental" means the transfer of the possession of theoriginal or a copy of a work or phonogram for alimited period of time for profit-making purposes;

"reproduction" means the making of one or morecopies of a work or phonogram in any manner orform, including any permanent or temporarystorage of the work or phonogram in electronicform;

"rights" means legal rights granted with the aim toprotect the creations of the author or creator of awork, performance, phonogram or broadcast;

"rights management information" means anyinformation that identifies the author, the work, theperformer, the performance of the performer, theproducer of the phonogram, the phonogram, thebroadcaster, the broadcast, the owner of any rightunder this Act, or information about the terms andconditions of use of the work, the performance, thephonogram or the broadcast, and any numbers orcodes that represent such information, when any ofthese items of information is attached to a copy of awork, a fixed performance, a phonogram or a fixedbroadcast, or appearance in connection with thebroadcasting, communication to the public ormaking available to the public of a work, a fixedperformance, a phonogram or a broadcast;

"technological protection measures" means anytechnology, device or component that, in thenormal course of operation, is designed to preventor restrict acts, in respect of works or objects ofrelated rights, which are not authorised by therights holder;

"traditional cultural expressions" or "expressionsof folklore" means any forms, whether tangible or


intangible, in which traditional culture andknowledge are expressed, appear or are manifested,and comprise the following forms of expressions orcombinations thereof-

(i) verbal expressions, such as stories, epics,legends, poetry, riddles and other narratives;words, signs, names, and symbols;

(ii) musical expressions, such as songs andinstrumental music;

(iii) expressions by action, such as dances, plays,ceremonies, rituals and other performances,whether or not reduced to amaterial form; or

(iv) tangible expressions, such as productions ofart, in particular, drawings, designs,paintings (including body-painting),carvings, sculptures, pottery, terracotta,mosaic, woodwork, metalware, jewelry,baskets, needlework, textiles, glassware,carpets, costumes, handicrafts, musicalinstruments, and architectural forms, whichare-

(a) the products of creative intellectualactivity, including individual and ~communal creativity;

(b) characteristic of a community's culturaland social identity and culturalheritage; or

(c) maintained, used or developed by suchcommunity, or by individuals havingthe right or responsibility to do so inaccordance with the customary law andpractices of that community;

52 Supplement to Official Gazette [21st April 2014] [21st April 2014] Supplement to Official Gazette 53"work" means any literary or artistic work undersections 4(1) and 5(I), but does not includefolklore;'

(h) photographic works;

(i) works of applied art;

G) computer programs; and

(k) illustrations, maps, plans, sketches and three-dimensional works relative to geography,topography, architecture orscience.

"work of applied art" means an artistic creationwith utilitarian functions or incorporated in a usefularticle, whether made by hand or produced on anindustrial scale;

"work of joint authorship" means a work to thecreation of which two or more authors havecontributed.

(2) Works shall be protected, when they are fixed orotherwise reduced to material form, irrespective oftheir modeor form of expression or their content, quality or purpose.

PART IICOPYRIGHTS 5.(1) The following shall also be protected as works- Derivative

works

(b) speeches, lectures, addresses, sermons andother oral works;

(a) translations, adaptations, arrangements andother transformations or modifications ofworks or traditional cultural expressions orexpressions offolklore; and

(b) collections of works, collections of data(databases), whether in machine readable orother form, and collections of traditionalcultural expressions or expressions offolklore, provided that such collections areoriginal by reason of the selection orarrangement of their contents.

Worksprotected

4.( 1) Literary and artistic works (hereinafter referred toas "works") are original intellectual creations in the literaryand artistic domain, including inparticular-

(a) books, pamphlets, articles and otherwritings;

(c) dramatic, dramatico-musical works,pantomimes, choreographic works and otherworks created for stage productions;

(d) musical works, with or withoutaccompanying words;

(2) The protection of a work .referred to insubsection (1) shall be without prejudice to the protectionof a pre-existing work or traditional cultural expression orexpression of folklore incorporated in or utilised for themaking of such work.(e) audio-visual works;

(f)

(g)

works of architecture; 6. Notwithstanding the provisions of sections 4 and 5,no protection shall extend under this Act to-

(a) any idea, procedure, system, method ofoperation, concept, principle, discovery or

Subjectmatters notprotectedworks of drawing, painting, sculpture,

engraving, lithography, tapestry and otherworks offine art;


Economicrights

mere data, even if expressed, described,explained, illustrated or embodied in awork;

(b) news of the day or miscellaneous factshaving the character of mere items of pressinformation; or

(c) political speeches and speeches delivered inthe course oflegal proceedings.

7.( 1) The author or other owner of the copyright shallhave the exclusive right to undertake or to authorise thefollowing acts in relation to the work-

(a) reproduction of the work;

(b) translation of the work;

(c) adaptation, arrangement or othertransformation ofthe work;

(d) distribution of the original or a copy of thework to the public;

(e) rental of the original or a copy of an audio-visual work, a work embodied in aphonogram or a computer program;

(f) public performance of the work;

(g) broadcasting of the work; or

(h) other communication to the public of thework.

(2) The right of distribution under subsection (l)( d)does not apply to the original or a copy of the work that hasalready been subject to a sale or other transfer or ownership, inany country or territory, authorised by the owner of copyright.

[21stApri12014] Supplement to Official Gazette 55

(3) The right of rental under subsection (l)(e) does notapply to rental of computer programs where the program itselfis not the essential object ofthe rental.

8.(1) The author ofa work shall, independently of his or Moral rights

her economic rights, and even where he or she is no longer theowner of the said rights, have the following moral rights-

(a) to have his or her name indicatedprominently on the copies and in connectionwith any public use of his work, as far aspracticable;

(b) to not have his or her name indicated on thecopies and in connection with any public useof his or her work or the right;

(c) to usea pseudonym; and

(d) to object to any distortion, mutilation or othermodification of, or other derogatory action inrelation to his or her work which would beprejudicial to his or her honor or reputation.

(2) The rights mentioned in subsection (I) shall not betransferable during the life of the author, but the right toexercise any of such rights may be transferred by testamentarydisposition or by operation of law following the death of theauthor.

(3) The author may waive any of the moral rightsmentioned in subsection (l), provided that such a waiver is inwriting and clearly specifies the right or rights waived and thecircumstances.in which the waiver applies.-(4) The author, while exercising the waiver ofthe rightunder subsection (1)(c), shall specify the nature and extent ofthe modification or other action in respect of which the right iswaived.


Privatereproductionfor personalpurposes

Temporaryreproduction

(5) Upon the death of the author, the natural person orlegal entity upon whom or which the moral rights havedevolved shall have the right to waive the said rights.

9.(1) Subject to the provisions of subsection (2), theprivate reproduction of a published work in a single copy shallbe permitted without the authorisation of the author or otherowner of copyright, where the reproduction is made by anatural person exclusively for his or her own personalpurposes.

(2) The provisions of subsection (1) shall not extend toreproduction-

(a) of a work of architecture in the form ofbuilding or other construction;

(b) in the form of reprography ofthe whole or ofa substantial part of a book or of a musicalwork in the form of notation;

(c) of the whole or of a substantial part of adatabase in digital form;

(d) of a computer program, except as provided insection 15; and

(e) of any work in cases where reproductionwould conflict with a normal exploitation ofthe work or would otherwise unreasonablyprejudice the legitimate interests of theauthor or other owner of the copyright.

10. The temporary reproduction of a work shall bepermitted if all the following conditions are met-

(a) the reproduction is made in the process of adigital transmission of the work or an act ofmaking a digitally stored work perceptible;

[21st April 20 14] Supplement to Official Gazette 57

(b) it is caused by a person or entity that, by wayof authorisation by the owner of copyright orof operation of law, is entitled to make thattransmission or making perceptible of thework; and

(c) it is an accessory to that transmission ormaking perceptible, that occurs during thenormal operation of the equipment used andentails the automatic deletion of the copywithout enabling the retrieval ofthe work forany other purpose than those, referred to inparagraphs (a) and (b).

11.(1) The quotation from a work that has lawfully been Quotation

made available to the public shall be permitted withoutauthorisation of the author or other owner of copyright,provided that the quotation is compatible with fair practice anddoes not exceed the extent justified by the purpose.

(2) The quotation shall be accompanied by anindication of source and the name of the author, if the nameappears in the source from which the quotation is taken.

12.(1) The following acts shall be permitted withoutauthorisation of the author, or other owner of copyright-

(a) the utilisation by way of illustration for thepurposes of teaching or scientific research ofa work that has lawfully been made availableto the public, in publications, broadcasting orsound or visual recordings, provided thatsuch utilisation is compatible with fairpractice and does not exceed the extentjustified by the purpose;

(b) the utilisation by way of making available ofsuch works in computer networks, providedthat access to the works is only available toenrolled pupils or students and their teachers;

Reproductionand otherutilisation forteaching

58 Supplement to Official Gazette [21st April 2014] Supplement to Official Gazette 59[21st April 2014]

(c) the reprographic reproduction, for face-to-face teaching in educational institutions theactivities of which do not serve direct orindirect commercial gain, of publishedarticles, other short works or short extracts ofworks, to the extent justified by the purpose,provided that-

(i) the library or archive is satisfied thatthe copy will be used solely for thepurposes of study, scholarship orprivate research;

(ii) the reproduction of any particular workis an isolated act occurring, if repeated,on separate and unrelated occasions; and

(iii) there is no collective license availableoffered by a collective copyrightmanagement organisation under whichsuch copies can be made; or for part of awork that is to say one volume of work;

(b) where the copy is made in order to preserveand, ifnecessary, replace a copy, or to replacea copy which has been lost, destroyed, orrendered unusable in the permanentcollection of another similar library orarchive, provided that it is impossible toobtain such a copy. under reasonableconditions, and the reproduction of suchparticular work is an isolated act occurring, ifrepeated, on separate and unrelatedoccasions.

(i) the reproduction of any particular workis an isolated act occurring, if repeated,on separate and unrelated occasions;

(ii) not more than a single copy for eachpupil or student and the teacher ismade; and

(iii) there is no collective licence available(that is, offered by a collectiveadministration organisation of whichthe educational institution is or shouldbe aware) under which suchreproduction can be made.

(2) The source of the work and the name of the authorshall be indicated as far as practicable on all copies made undersubsection (1) or otherwise in reasonable connection with thework. 14. The following acts shall be permitted in respect of a

work without the authorisation ofthe author or other owner ofcopyright, subject to the obligation to indicate the source andthe name of the author as far as practicable-·

Reproductionby librariesand archives

13. A library or archive whose activities do not servedirect or indirect gain may, without the authorisation of theauthor or other owner of copyright, make a single-copy of awork-

the reproduction in a newspaper orperiodical, the broadcasting or othercommunication to the public, of an articlepublished in a newspaper or periodical oncurrent economic, political or religioustopics or a broadcast work of the samecharacter; this permission shall not applywhere the right to authorize reproduction,

(a)

(a) by reprographic reproduction where the workreproduced is a published article, other shortwork or short extract of awork, and where thepurpose of the reproduction is to satisfy therequest of a person, provided that-

~Reproduction,broadcasting andothercommunicationto public forinformatorypurposes

60 Supplement to Official 'Gazette [21st April 2014] [21st April 2014] Supplement to Official Gazette 61

Reproductionandadaptation ofcomputerprograms

broadcasting or other communication to thepublic is expressly reserved on the copies bythe author or other owner of copyright, or inconnection with broadcasting or othercommunication to the public of the work;

(2) No copy or adaptation of a computer program shallbe used for anypurpose other than those specified in subsection(1), and any such copy or adaptation shall be destroyed in theevent that continued possession of the copy of the computerprogram ceases to be lawful.

(b) 16.(1) It shall be permitted without the authorisation of theauthor or other owner of copyright to reproduce a publishedwork for visually impaired persons in an alternative manner orform which enables their perception of the work, and todistribute the copies exclusively to such persons, provided thatthe work is not reasonably available in an identical or largelyequivalent form enabling its perception by the visuallyimpaired and the reproduction and distribution are made on anon-profit basis.

for .the purpose of reporting current events,the reproduction and the broadcasting orother communication to the public of shortexcerpts of a work seen or heard in the courseof such events, to the extent justified by thepurpose; or

(c) the reproduction in a newspaper orperiodical, the broadcasting or othercommunication to the public of a lecture,address, sermon or other work of a similarnature delivered in public, to the extentjustified by the purpose of providing currentinformation.

(2) The distribution of work referred to in subsection(1) is also permitted in case the copies of such work have beenmade abroad and the conditions mentioned in that subsectionhave been fulfilled.

15.(1) The reproduction, in a single copy, or the adaptationof a computer program by the lawful owner of a copy of thatcomputer program shall be permitted without the authorisationof the author or other owner of copyright, provided that thecopy or adaptation is necessary-

(3) The provisions in subsections (1) and (2) aresubject to the obligation to indicate the source and the name ofthe author.

17.( 1) Abroadcasting organisation may make, without the ~authorisation of the author or other owner of copyright, for thepurpose of its own broadcasts and by means of its ownfacilities, an ephemeral recording of any work which it isauthorised to broadcast.

(a) for use of the computer program with acomputer for the purpose and extent forwhich the computer program has beenobtained; or (2) All copies referred to in subsection (l) shall be

destroyed within six months of the making or within any longerterm agreed to by the author.(b) for archival purposes and for the replacement

of the lawfully owned copy of the computerprogram in the event that the said copy of thecomputer program is lost, destroyed orrendered unusable.

(3) Where the recording of a work referred to insubsection (1) has an exceptional documentary character, onecopy of such recording may be preserved in official archives.

Visuallyimpairedpersons

Ephemeralrecordings


Use for publicsecurity and forperformance orreporting ofproceedings

Duration ofcopyright

Originalownership ofeconomicriglus

18. A work may be used for the purposes of publicsecurity and to ensure the proper performance or reporting ofadministrative, parliamentary orjudicial proceedings.

19.( 1) The economic and moral rights shall be protectedduring the life of the author and for fifty years after his or herdeath.

(2) In the case of a work of joint authorship, theeconomic and moral rights shall be protected during the life ofthe last surviving author and for fifty years after his or herdeath.

(3) In the case of an audio-visual work, the economicand moral rights shall be protected for fifty years from the dateon which the work was made or first made available to thepublic by publication or by any other means, whichever date isthe latest.

(4) In the case of a work published anonymously orunder a pseudonym, the economic and moral rights shall beprotected for fifty years from the date on which the work wasmade or first made available to the public, by publication or byany other means whichever date is the latest, provided thatwhere the identity of the author is revealed or is no longer indoubt before the expiration of the said period, the provisions ofsubsection (I) or subsection (2), as the case may be, shall apply.

(5) In the case of a work of applied art, the economicand moral rights shall be protected for twenty-five years fromthe making of the work.

(6) The period provided for under subsections (I) to (5)shall run to the end of the calendar year in which it wouldotherwise expire.

20:(~) Subject to the provisions of subsections (2) to (6),the ongmal owner of economic rights in respect of awork is theauthor who has created the work.


(2) In respect of a work of joint authorship, the co-authors shall be the original owners of the economic rights.

(3) In case a work of joint authorship consists of partsthat can be used separately and the author of each part can beidentified, the author of each part shall be the original owner ofthe economic rights in the part that he or she has created.

(4) In respect of a work created by an author, employedby a natural person or legal entity, in the course of his or heremployment, the original owner of the economic rights shallbe, unless provided otherwise in a contract, the employer.

(5) In respect of an audio-visual work, the originalowner of the economic rights shall be the producer, unlessprovided otherwise in a contract.

(6) The co-authors of the audio-visual work and theauthors of the pre-existing works included in or adapted for themaking of the audio-visual work shall, continue to holdeconomic rights in their contributions or pre-existing works,respectively, to the extent that those contributions or pre-existing works canbe subject of acts covered by their economicrights separately from the audio-visual work.

21.(1) The natural person whose name is indicated as theauthor on a work in the usual manner shall, in the absence ofproofto the contrary, be presumed to be the author ofthe work.

Presumption ofaujhorship,producers 0faudio-visualworks andpublishers

(2) The provision of subsection (l) shall apply even ifthe name is a pseudonym, where the pseudonym leaves nodoubt as to the identity of the author.

(3) . The person whose name appears on an audio-visualwork in the usual manner shall, in the absence of proof to thecontrary, be presumed to be the producer ofthe work.

(4) In the case of an anonymous or pseudonymouswork, subject to subsection (2), the publisher whose name


Assignmentand licensingof economicrights

Rights ofperformers

appears on the work shall, in the absence of proof to thecontrary, be presumed to represent the author and, in thiscapacity, shall be entitled to exercise and enforce the moral andeconomic rights ofthe author.

(5 The presumption under subsection (4) shall cease toapply when the author reveals his or her identity.

22.{ 1) The economic rights in a work shall be assignablein whole orin part.

(2) An assignment of an economic right, and anyexclusive licence to do an act subject to authorisation by theauthor or other owner of copyright, shall be in writing signedby the assignor and the assignee, or by the licensor and thelicensee.

(3) An assignment in whole or in part of any economicright, or a licence to do an act subject to authorisation by theauthor or other owner of copyright, shall not include or bedeemed to include the assignment or license of any other rightsnot explicitly referred to therein.

PART IIIPROTECTION OF PERFORMERS, PRODUCERS OF

PHONOGRAMS AND BROADCASTINGORGANISATIONS

23.{ 1) A performer shall have the exclusive right to carryout or to authorise any ofthe following acts-

(a) the broadcasting or other communication tothe public of his or her performance, exceptwhere the broadcasting or the othercommunication -

(i) is made from a fixation of theperformance which the performer hasauthorised to be made: or


(ii) is a rebroadcasting made or authorisedby the organisation initiallybroadcasting the performance;

(b) the fixation of his or her unfixedperformance;

(c) the direct or indirect reproduction of afixation of his or her performance, in anymanner or form;

(d) the distribution of a fixation of his or herperformance, or of copies thereof, to thepublic;

(e) the rental to the public of a fixation of his orher performance, or copies thereof; or

(f) the making available to the public of his orher fixed performance, by wire or wirelessmeans, in such a way that members of thepublic may access them from a place or at atime individually chosen by them.

(2) Once the performer has authorised theincorporation of his or her performance in an audio-visualfixation, he or she shall, in the absence of contractualprovisions to the contrary, be deemed to have assigned his orher exclusive economic rights with respect to that fixation to itsproducer and the provisions of subsection (1) shall cease toapply.

(3) The right of distribution under subsection (l)(d)shall not apply to a copy of a fixation of his or her performancethat has already been subject to a sale or other transfer ofownership in a country or territory, other than Seychelles,authorised by the performer.

66 Supplement to Official Gazette [2IstApri12014]

. (4) The performer shall, independently of .his or hereconomic rights and even after the transfer ofthose ng~ts, havethe right to claim to be identified as' the performer of hIS or herperformances, except where omission is dictat~d by themanner of the use of the performance, and to object to anydistortion, mutilation or other modification of his or. herperformances that would be prejudicial to his or her reputatIOn.

(5) Any modifications consistent with the nOJ?11alexploitation of a performance in the course of a use authonsedby the performer shall not be considered prejudicial to theperformer's reputation and the provisions of ~ection 8 (2) an.d(3) shall apply, mutatis mutandis, to the nghts under thISsubsection.

Rights ofphonogramproducers

(6) The rights under this section sh.all be protected u~tilthe end of the fiftieth calendar year followmg the year m WhIChthe performance took place.

24.( 1) A producer of a phonogram shall have the exclusiveright to carry out or to authorise any ofthe following acts-

the direct or indirect reproduction of thephonogram, in any manner or form;

the distribution of the original or copies ofthe phonogram to the public;

the rental of a copy of the phonogram to thepublic; or

the making available to the public of thephonogram, by wire or wireless means, insuch a way that members of the public mayaccess it from a place or at a time individuallychosen by them.

(2) The right of distribution under subsection (l)(b)shall not apply to the original or the copy of the phonogram that

(a)

(b)

(c)

(d)


?as already been su~ject to a sale or other transfer of ownership10 a country or tern tory, other than Seychelles, authorised bythe producer.

(3) The rights under subsection (1) shall be protectedfrom the publication of the phonogram until the end of thefiftieth calendar year following the year of publication or, if thephonogram has not been published from the fixation of thephonogram unt~l the end of the fiftieth calendar year, followingthe year offixation.

25.( 1) If a~honogram published for commercial purposes,or a repr?ductIOn of such phonogram, is used directly forbroa?cast1Og or other communication to the public, or ispublicly performed, a single equitable remuneration for theperformer or performers and the producer of the phonogramshall be paid by the user to the producer.

(2) Unless otherwise agreed between the performersand the producer, half of the amount received by the producerunder subsection (1) shall be paid by the producer to theperformer or performers.

Equitableremunerationfor use ofphonograms

(3) The right to an equitable remuneration under thissection shall subsist from the date of fixation of theperformance until the end of the fiftieth calendar yearfollowing the year of fixation of the performance, provided thatthe phonogram is still protected under section 24(3).

(4) For the purposes of this section, phonograms thathave been made available to the public by wire or wirelessmeans. in such a way that members of the public may accessthem from a place and at a time individually chosen by themshall be considered as if they have been published forcommercial purposes.

(5) Subsection (1) does not apply to the extent that theuse of the phonogram is covered by an exclusive right undersection 23( 1)(f) or section 24( 1)(d).


Rights ofbroadcastingorganisations

26.(1) A broadcasting organisation shall have theexclusive right to carry out or to authorise any ofthe followingacts-

(a) the rebroadcasting of its broadcast;

(b) the communication to the public of its.broadcast;

(c) the fixation of its broadcast; or

(d) the reproduction of a fixation of itsbroadcast.

(2) The rights under this section shall be protectedfrom the moment when the broadcasting takes place until theend of the fiftieth calendar year following the year in which thebroadcast takes place.

Limitationson protection

(3) Any program-carrying signals transmitted bysatellite which are not intended for direct reception by thepublic, but for simultaneous or subsequent broadcasting orcable distribution by an authorised receiving organisation,may not be broadcast or communicated to the public by anyperson without authorisation of the person or legal entity thatdecided what program the emitted signal would carry.

27. Sections 23, 24, 25 and 26 shall not apply where,without commercial advantage, the acts referred to in thosesections are related to-

(a) using short excerpts for reporting currentevents to the extent justified by the purposeof providing current information;

(b) reproduction solely for scientific research;

(c) reproduction solely for the purpose of face-to-face or distance teaching activities, exceptfor performances and phonograms whichhave been published as teaching orinstructional materials; or

[21st April 2014] Supplement to Official Gazette 69(d) cases where, under Part II, a work can be

used without the authorisation of the authoror other owner of copyright.

PART IVVOLUNTARY REGISTRATION OF COPYRIGHTS

28.(1 ) The President may, by notice in the Gazetteapp~int a Registrar ~fCopyrights who shall cause a Copyright~Register to be estabhshed and maintained.

Voluntaryregistration ofcopyrights

(2) The own~r oft~e copyright in a work may apply tothe Registrar for registration of the copyright in such mannerand with such fee and other documentation or information asmay be prescribed by regulation.

(3) If the Registrar is satisfied that the applicant is theo~ner. oft~e copyright in the work the Registrar shall registerhim or her IIIthe Copyright Register as the registered owner ofthat registered copyright.

(4) Where a person claims that he or she and not theregistered owner is the owner of a registered copyright, he mayapply to the Supreme Court to be registered as owner in theCopyright Register in place ofthe then registered owner.

.(5) Without prejudice to this section or to any questionor ~ctIonabout w~ether copyright subsists in the work, only theregistered owner ISdeemed for the purposes of this Act to bethe owner of a registered copyright.

. (6~ The registe.redowner of a registered copyright mayregister III the Copynght Register any agreement contractassignment, licence or document relating to or deali~g with th~registered copyright.

(7) An agreement, contract, assignment licence ordoc~m~nt r~latin~ to or d~aling with a registered 'copyright isadtm~slble I~ eVlde?~e III a criminal trial or proceeding,notwithstanding that ItISnot registered under subsection (1).


PART VENFORCEMENT OF RIGHTS

Provisionalmeasures

29.(1) On an application made by the rights owner, thecourt may, on such terms as it may deem reasonable-

(a) grant preliminary injunctions to prohibit thecommitting, or continuation of committing,of infringement of any rights protected underthis Act;

(b) order the preliminary impounding of copiesof works or phonograms and their packagingsuspected of being made or imported withoutthe authorisation of the owner of any rightsprotected under this Act where the making orimportation of copies is subject to suchauthorisation, as well as the impounding ofmaterials and implements suspected ofhaving been predominantly used for themaking of such copies; or

(c) order prompt and effective provisionalmeasures to preserve relevant evidence inregard to an alleged infringement.

(2) Notwithstanding any other written law, the courtmay issue a search warrant where there is reason to believe thatcopies of works or phonograms and their packaging suspectedof being made or imported without the authorisation of theowner of any rights protected under this Act, is concealed in anypremises or place.

(3) The warrant under subsection (2) may authorise anypolice officer or any other officer as well as any person requiredto assist him or her, to-

(a) enter and search any premises or place;


(b) seize and take possession of any relevantcopies of works or phonograms and theirpackaging; and

(c) where necessary, use reasonable force toenter the locality, premises or place.

(4) Where authorised by a warrant issued by the courtthe police officer or any other officer as well as any personrequired to assist him or her, may-

(a) seize any of the copies of works orphonograms and their packaging in custodyor possession of any person;

(b) with a view to seize the works or phonogramsand their packaging -

(i) break open any building or room of thepremises or place where the copies ofworks or phonograms .and theirpackaging is believed to be found; and

(ii) take possession of the copies of worksor phonograms and their packagingfound in the building, room or .•receptacle.

30.(1) Where an act has been found to be an infringement Civilof any rights protected under this Act, the court may, on an remedies

application made by the rights owner, order the infringer todesist from such act. .

(2) The owner of any rights protected under this Actshall be entitled to payment, by the infringer who hasknowingly or with reasonable grounds to know infringed hisrights,-


(a) of damages for the prejudice suffered as aconsequence of the act of infringement; and

(b) of expenses caused by the infringement,which may include legal costs.

(3) The amount of damages referred to undersubsection (2)(a) shall be determined taking into account theeconomic and moral prejudice suffered by the owner of therights.

(4) The court may, while determining damages undersubsection (2)(a), order the recovery of profits from theinfringer, even when the infringer did not know or had noreasonable grounds to know that he was engaged in infringingactivity.

(5) Where goods have been found to be infringingcopies, the court may, taking into account the need forproportionality between the seriousness of the infringementand the remedy the legitimate interests of third party, order thedestruction or other reasonable disposition of infringing copiesand their packaging, without payment of compensation, insuch a manner as the court considers appropriate, as to avoidany harm to the rights owner.

(6) The court may, taking into account the conditionsset out in sub-section (2), order, without payment ofcompensation of any sort, the destruction or other reasonabledisposition of materials and implements the predominant useof which has been the making of infringing copies, in suchmanner as the court considers appropriate, as to minimise therisks of continuing or subsequent infringements.

(7) The court may, if it considers appropriate, order theinfringer to inform the rights owner of the identity of thirdpersons involved in the production and distribution of theinfringing goods or rendering of services, and of their channels


of distribution, unless this would be out of proportion to thesenousness ofthe infringement.

. ~1.(1) A person who willfully and on a commercial scaJemfrin~es any reproduction rights protected under this Act,~om~lts an offence and shall on conviction be liable toImpnsonm.ent for a term not exceeding five years or with a finenot exceeding SCR50,OOOor with both such imprisonment andfine.

Offences andpenalties

(Z) The court may, in fixing the amount of fine undersubse~tl0? ( 1), take into account the profits or loss attributableto the mfringement.

(3) Where a person is convicted for a second orsubsequent offence committed within five years of a previous~onv~ctlOnunder this section, the person shall be liable toImpnsonm~nt for a term not exceeding ten years or with a finenot exceeding SCRlOO,OOOor with both such imprisonmentand fine.

(4) .The c~urt may apply the measures and remedies(;~erred to m section 29(1)(b) and (2) and section 30(5), (6) and

32.(1) It isprohibited to-

(a)Technological

.• protectioncircumvent effective technological measures

protection measures; Jt(bj produ~e, import, distribute, sell, rent,

adv~rtlse for sale or rental, or possessdevices, products, components or servicesfor commercial purposes, which-

(i) are promoted, advertised or marketedfor t~e purpose of circumventingeffective technological protectionmeasures;


(ii) have a limited commerciallysignificant purpose or use other than tocircumvent effective technologicalprotection measures; or

(iii) are primarily designed, produced,adapted or performed for the purpose ofenabling or facilitating thecircumvention of effectivetechnologicalprotection measures.

(2) Technological protection measures referred to insubsection (1), are "effective" where the use of awork or objectof related right protected under this Act is controlled by therights holder through application of an access control orprotection process, such as encryption, scrambling or othertransformation of the work or other subject-matter, or a copycontrol mechanism which, in the normal course of itsoperation, achieves the protection objective.

(3) Notwithstanding subsection (1), upon the requestby the beneficiary of an exception or limitation in accordancewith sections 12, 13, 15, 16, 17or 18, the Registrar or the court,as the case may be, may order that the necessary means bemade available to the extent required to benefit from it.

(4) The provisions of subsection (3) shall not apply toworks or other subject matters made available to the public onagreed contractual terms in such a way that members of thepublic may access thAl from a place and at a time individuallychosen by them ..

Protection ofrightsmanagementinformation

33.( 1) It is prohibited to-

(a) remove or alter any electronic rightsmanagement information without theconsent of the rights holder, or

(b) distribute, import for distribution, broadcastor communicate to the public of works or


other subject-matter protected under this Actfrom which electronic rights managementinformation has been removed or alteredwithout the authorisation of the rights owner,

~h~n such act will induce, enable, facilitate or conceal anmfringement of any rights covered by thisAct.

. .F) Subse~tion (1) does not prohibit any governmentalactrvities for public policy or security authorised by a writtenlaw.

3.4. The acts prohibited under section 26(3) ands~ctions 32 and 33 shall be deemed to be an infringement ofnghts protected under this Act, for the purposes of sections 2930 and 31. '

PART VIMISCELLANEOUS

35.( I) The provisions of this Act on the protection ofliterary and artistic works shall apply to-

(a) works of authors who are nationals of, orhave their habitual residence in, Seychelles;

(b) works first published in Seychelles, andworks first published in another country and"also published in Seychelles within thirtydays, irrespective of the nationality orresidence of the authors;

(c) audio-visual works, the producer of whichhas his or her headquarters or habitualresidence in Seychelles; and

(d) works of architecture erected in Seychellesand other artistic works incorporated in abuilding or other structure located inSeychelles.

Prohibited actsdeemed to bean infringementof rights

Scope ofapplication ofcopyrights


Scope ofapplication ofrelated rights

(2) The provisions ofthis Act shall also apply to worksthat are eligible for protection in Seychelles by virtue of and inaccordance with any international convention, treaty oragreement to which Seychelles is party.

36.( 1) The provisions of this Act on the protection ofperformers shall apply to-

(a) performers who are nationals of, or havetheir habitual residence in, Seychelles; and

(b) performers who are not nationals ofSeychelles but whose performances-

(i) take place on the territory ofSeychelles;

(ii) are incorporated in phonograms thatare protected under this Act; or

(iii) have not been fixed in a phonogram butare included in broadcasts qualifyingfor protection under this Act.

(2) The provisions of this Act on the protection ofphonograms shall apply to-

(a) phonograms the producers of which arenationals of, or have their habitual residencein, Seychelles;

(b) phonograms first fixed in Seychelles; and

(c) phonograms first published in Seychelles.

(3) The provisions of this Act on the protection ofbroadcasts shall apply to-

(a) broadcasts of broadcasting organisations the


headquarters of which are situated inSeychelles; and

(b) broadcasts transmitted from transmitterssituated in Seychelles.

,(~) ~ection 2:(3~ applies to program-carrying signalsthe ongmatmg orgarusanon ofwhich is situated in Seychelles.

(5) The provisions in this Act shall also apply toperformers, producers ?f phonograms, broadcastingorgamsations and ongmating organisations, as defined insection 25(3), that are eligible for protection by virtue of and inaccordance with any international convention, treaty or otheragreement towhich Seychelles is party.

37. " TheMi~ister maY,makeregulations for carrying out~heprovisions of this Act, which may include any matter whichIS to be ormay be prescribed under thisAct.

Regulations

38.(1) TheCopyright Act (Cap 58) is hereby repealed.

(2) Notwithstanding the repeal ofthe Copyright Act, _

(a) the copyrights registered under theprovisions of the repealed Act shall bedeemed to be the copyrights protected underthisAct; •

(b) the licences or authorisation granted underthe repealed Act shall continue to operate aslicences or autl.orisation, as the case may be,for the purposes of this Act, until theexpiration or revocation of such licence orauthorisation;

Repeal andsavings

(c) any right. privilege, obligation or liabilityacquired, accrued or incurred under therepealed Act shall continue to subsist;


(d) the Registrar of Copyrights appointed underthe repealed Act shall be deemed to be theRegistrar for the purposes of this Act, untilthe expiry of his or her term of office or aRegistrar is appointed under this Act,whichever is earlier; and

(e) any penalty, forfeiture or punishmentincurred in respect of any offence committedunder the repealed Act shall continue to beenforceable as if this Act had not beenenacted.

I certify that this is a correct copy of the Bill which waspassed by theNational Assembly on IstApril, 2014.

Luisa Waye-HiveDeputy Clerk

of

arrangement of sections preliminary part ii

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