Functions of the Copyright Board Regulations, 2014

L.N. 395 of 2014

COPYRIGHT ACT

(CAP. 415)

Functions of the Copyright Board Regulations, 2014

IN exercise of the powers conferred by article 59 of the

Copyright Act, the Minister for the Economy, Investment and Small

Business has made the following regulations:-

The title of these regulations is the Functions of the Citation.

Copyright Board Regulations, 2014.

In these regulations, the following words and phrases shall Interpretation.

have the following meanings

"the Act" means the Copyright Act;

"the Board" means the Copyright Board established under

article 45 of the Act;

"Member State" means Member State of the European Union;

"the Minister" means the Minister responsible for the protection

of copyright and neighbouring rights;

"orphan works" means -

(a) works published in the form of books, journals,

newspapers, magazines or other writings contained in the

collections of publicly accessible libraries, educational

establishments or museums as well as in the collections of

archives or of film or audio heritage institutions;

(b) cinematographic or audiovisual works and

phonograms contained in the collections of publicly accessible

libraries, educational establishments or museums as well as in

the collections of archives or of film or audio heritage

institutions; and

(c)

cinematographic or audiovisual works and

phonograms produced by public-service broadcasting

organisations up to and including 31 December 2002 and

contained in their archives,

which are protected by copyright or neighbouring rights and which

are first published in a Member State or, in the absence of publication,

first broadcast in a Member State, if none of the rightholders in that

work or phonogram is identified or, even if one or more of them is

identified, none is located despite a diligent search for the

rightholders has been carried out and recorded.

By virtue of these regulations, the Minister has assigned

Functions of the

Copyright

the following functions to the Board

(a) to determine the amount of compensation due in

disputes involving orphan works;

(b) to order a person to pay the amount of compensation

fixed by it.

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