Last Change:

05/04/2025

The Copyright Act

Year: 2023

Type: Domestic law

Rights Category: Housing, land & property

Description

An act to repeal The Copyright Act, 2000 and to enact new law in matter relating to Copyright. 

Selected provisions
Definitions

(23) “author” means-
(a) regarding a literary or dramatic work, the author of the work;
(b) regarding a musical work, the composer;
(c) regarding an artistic work, except photograph, the artist;
(d) regarding a photograph, the person taking the photograph;
(e) regarding a cinematograph film or a sound recording, the producer;
(f) regarding any literary, dramatic, musical or artistic work which is computer- generated, the person or institution who causes the work to be created
(g) the speaker in the case of lectures or speeches; and
(h) the person implementing it in the field of information technology-based digital work;

Civil remedies for infringement of copyright.-

(1) Where copyright in respect of any work or any other right conferred by this Act has been infringed, the owner of the copyright or such other right, as the case may be, shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: Provided that if the defendant proves that at the date of the infringement he was not aware that copyright subsisted in the work and he had reasonable ground for believing that copyright did not subsist in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
(2) Where, in the case of literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher, as the case may be, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.