ACT No. IX of 2009 AN ACT to amend the Copyright Act, Cap. 415 BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

(L.S.) G eorge H yzler

Acting President

19th June, 2009

ACT No. IX of 2009

AN ACT to amend the Copyright Act, Cap. 415

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Copyright (Amendment)

Act, 2009, and this Act shall be read and construed as one with the

Copyright Act, hereinafter referred to as “the principal Act”.

Article 2 of the principal Act shall be amended as

(a) for the words “In this Act, unless the context

otherwise requires -” there shall be substituted the words “(1)

In this Act, unless the context otherwise requires -”;

(b) subarticle (1) thereof as renumbered shall be

amended as follows:-

(i) in the definition “communication to the public”,

in the first paragraph thereof, for the words “a work by

wire or wireless means and” there shall be substituted

the words “a work or performance or sound recording

by wire or wireless means to the public and”, and for the

second paragraph thereof, there shall be substituted the

following

“Provided that the mere provision of physical

facilities for enabling or making of a communication

does not in itself amount to an act of communication

to the public

Provided further that for the purposes of article

19, communication to the public also includes

making the sounds or the representations of sounds

fixed in a sound recording audible to the public;”;

(ii) in the definition “performers”, for the words

“includes singers, musicians, actors or other artists who

sing, deliver, declaim, play in, act in or otherwise” there

shall be substituted the words “includes singers, musicians,

dancers, actors or other artists who sing, deliver, declaim,

play in, act in, interpret or otherwise”;

(iii) immediately after the definition “prescribed”,

there shall be inserted the following new definition

“ “producer of a sound recording” means the

legal entity who or which takes the initiative and

has the responsibility for the first fixation of the

sounds of a performance or other sounds or the

representation of sounds”; and

(c) subarticle (2) thereof shall be amended as follows

(i) in subparagraph (a) thereof, for the words “a

work shall be” there shall be substituted the words “a

work or a sound recording shall be” and for the words “to

the public;” there shall be substituted the words “to the

public:” and immediately thereafter there shall be added

the following proviso

“provided that in the case of a work, the

making available to the public had taken place

with the consent of the author or other owner of

copyright, and in the case of a sound recording, with

the consent of the producer of the sound recording

or his successor in title;”;

(ii) paragraphs (b) and (c) thereof shall be

renumbered as paragraphs (c) and (d) respectively;

(iii) immediately after paragraph (a) thereof there

shall be inserted the following new paragraph

“(b) for the purposes of article 19, a sound

recording made available to the public by wire or

wireless means in such a way that members of the

public may access it from a place and at a time

individually chosen by them, shall be considered as

if it had been published for commercial purposes;”.

Immediately at the end of subarticle (2) of article 3 of the

principal Act, there shall be added the following words

“Furthermore, copyright protection shall not extend to

ideas, procedures, methods of operations or mathematical

concepts as such.”.

In paragraph (c) of subarticle (1) of article 9 of the

principal Act, for the word “nore” in the English text only there

shall be substituted the word “nor”, and the words “referred to in

article 42(3) and (4)” shall be deleted.

For paragraph (b) of article 15 of the principal Act, there

shall be substituted the following

“(b) the rental and lending, even after their distribution,

or pursuant authorization, by the producer;”.

For the words “to the performers.” in article 19 of

the principal Act, there shall be substituted the words “to the

performers:” and immediately thereafter there shall be added the

following proviso

“Provided that for the purpose of this article, sound

recordings made available to the public by wire or wireless

means, in such a way that members of the public may access

them from a place and at a time individually chosen by

them, shall be considered as if they have been published for

commercial purposes.”.

Passed by the House of Representatives at Sitting No. 129 of 16th June, 2009.

L ouis G alea

Speaker

P auline A bela

Clerk to the House of Representatives