Lesotho
Copyright Regulations, 2015
Legal Notice 139 of 2015
- Published in Government Gazette 72 on 20 November 2015
- Commenced on 20 November 2015
- [This is the version of this document from 20 November 2015.]
Part I – Preliminary
1. Citation and commencement
These Regulations may be cited as the Copyright Regulations, 2015 and shall come into operation on the date of publication in the Gazette.2. Interpretation
In these Regulations, unless the context otherwise requires,"Act" means the Copyright Order of 1989, and any word, phrase or expression used in the Act shall be construed to have the same meaning in or application to these Regulations;"agent" means a person who is given legal powers to exercise the legal rights of the owner of copyright work;"author" means the creator of an original literary, artistic and scientific work and the person under whose name the work is disclosed;"Board" means the Board of the Society established under regulation 4;"cinematograph film" means any sequence of visual images recorded in any material of any description whether translucent or not, so as to be capable by the use of that material of being—"communication to the public by electronic transmission" includes the broadcast of the work and making available to the public the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them by use of flash disks, compact disks, telephone, cellular phones or mobile phones for purposes of reproducing the copyright work;"copy" means a duplicate or part thereof; of an original literary, artistic or scientific work or expression of folklore and it includes a print, a negative tape, compact disc, dvd, or other article on which the original literacy, artistic or scientific work or expression of folklore or part thereof is recorded or fixed;"copyright" in relation to a work means the exclusive right conferred by virtue of and subject to the provisions of the Act to do or authorize another person in Lesotho or such other foreign country which is a Berne Convention Signator, such acts in relation to that work as are designated in any relevant provisions of the Act, as acts restricted by the copyright work of that description;"Copyright Administrator" means the Copyright Administrator of the Society appointed as such under regulation 13;"database" means a collection of independent works, data or other materials which are—(a)arranged in a systematic or methodological way; and(b)individually accessible by electronic or other means."distribution right" means a performer’s right to authorize or prohibit the issue of copies to the public of his or her work;"hologram" means an adhesive label issued by the Society;"joint authorship" means two or more creators of original literary, artistic or scientific works with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole;"licence contract" means a copyright licence contract issued under regulation 18;"licencing body" means the Society or any other organisation which has as one of its objects, the negotiation or granting of a licence contract, either as owner or prospective owner or agent of the owner or prospective owner of copyright in original literary, artistic or scientific works;"member" means a person who is an individual or a group or an entity which is registered with the Society in terms of regulation 5;"publisher" means a person who or a company that prepares and prints books, magazines, newspapers or electronic products or music and makes them available to the public for sale;"record" means a disc, tape, perforated roll or other device in which sounds, data or signals representing sounds are embodied or represented so as to be capable of being reproduced or performed;"sound recording" means any fixation or storage of sounds or any data or signals representing sounds which are capable of being reproduced but does not include a sound track associated with a cinematograph film;"work" means an original literary, artistic, musical, dramatic or scientific work as provided for in Section 3 of the Act and regulation 24;Part II – Composition and procedure of the Society
3. Composition of the Society
The Society established under Section 31 of the Act shall comprise of—4. Board of the Society
5. Registration with the Society
6. Procedure and administration of the Society
7. Resignation of a member of the Board
A member of the Board may resign by giving a signed one month notice of resignation to the Board.8. Vacation from office of a member of the Board
The Minister may require a member of the Board to vacate his or her office if the Minister is satisfied that the member of the Board—9. Filling of vacancy of a member of the Board
Where there is a vacancy as a result of vacation or resignation of a member of the Board, the Minister shall appoint another person to fill the vacancy for the remainder of the period of the member who has vacated or resigned.10. Meetings of the Board
11. Co-opted person
The Board may in its discretion and for any period, invite a person who has expertise in copyright law and the Minister may, in like manner, nominate an officer in the public service, who has expertise in cultural issues or copyright law to attend a meeting of the Board and take part in the deliberations of the meeting, but such a person is not entitled to vote.12. Remuneration and expenses of members of the Board
A member of the Board shall be paid from the funds of the Society, such allowances as the Minister in consultation with the Minister of Finance determine.13. Copyright Administrator
14. Tariffs of copyright scheme
15. Types of membership to the Society
The following are two types of membership under which a member may register:16. Membership requirements to the Society
17. Work submitted for protection
An author, artist or a performer shall, when declaring his or her work or their work to the Society—18. Licence contracts
19. Adhesive hologram
20. Destruction of seized works
21. Seizure of a work or a recording by a customs and excise officer
A customs and excise officer shall seize, impound or retain a sound recording or an audio work imported into Lesotho if the sound-recording, audiovisual recording or audio work exceeds a quantity of three copies of the same recording until such importation has been consented to, verified and authenticated by the Society through a notice of seizure provided for in Schedule V.22. Clearance of application form
23. Distribution of royalties
24. Copyright works
25. Infringement
For purposes of section 7 of the Act, an exclusive right of a rights holder—26. Secondary infringement of a work
27. Acts permitted in relation to copyright works
28. Reproduction by library or archive, and museums, non commercial documentation centres, scientific institutions and educational establishments
Subject to the provisions of regulation 27, a library, archive, museum, non commercial documentation centre and an educational establishment or any of its employees acting within the scope of their employment, may, after reproduction, of a copy of a work, distribute such copy on the following conditions—29. Exemptions and savings
Nothing in these regulations shall—30. Multiple copies
31. Copyright warning
32. Multiple copies for class-room use
Subject to the provisions of regulation 30, multiple copies not exceeding one copy per pupil per course, may be made by or for a teacher for purposes of a class-room use or for discussion.33. Copies for teachers
Subject to the provisions of regulation 27, a single copy may be made by or for a teacher at his or her request for purposes of research, teaching or the preparation for teaching in a class.34. Prohibition on copies for class-room use or for the use of teachers
Notwithstanding the provisions of regulation 27 and 28, the following copying shall be prohibited—35. Reproduction of building plans by a local authority
Notwithstanding the provisions of regulation 24(1)(c), the copyright in a building plan in respect of which the original or a reproduction is lodged for purposes of record at an office of a local authority, shall not be infringed by the making of a reproduction of such plan by the person in charge of such office or by any other person acting by or with the authority of such person, if the owner of land upon which a building has been erected in accordance with that plan, requires copies of the plan or any portion thereof for the purpose of making additions or alterations to such building.History of this document
20 November 2015 this version
Commenced