A copyright in terms of the Copyright and Neighbouring Rights Act is a real right which subsists in a work by virtue of this Act and which entitles its owner exclusively to do in Zimbabwe and to authorise others to do in Zimbabwe the things which this Act designates in relation to that work.
COPYRIGHT CAN VEST IN THE FOLLOWING WORKS
- Computer programs
- Musical works
- Artistic works
- Photographic works
- Dramatic works
- Architectural works
- Derivative works (translations, adaptations, compilations, arrangements amongst others)
Works are eligible for copyright if they are original and have been reduced into a material (tangible) form or until it is broadcasted. “Works” refers to the way the facts are represented or captured and presented. Some of the rights that copyright holders enjoy, include, but are not limited to:
REPRODUCTION RIGHTS
The author has the right to authorize the reproduction (making copies) of his/ her work. This then entails the turning of the idea into a material (tangible) form. This right in most instances goes hand in hand with the distribution right.
DISTRIBUTION RIGHTS
This right is associated with the circulation of the work. Simply put, it involves making the work available to the general public.
ADAPTATION RIGHTS
This right is exercised with the permission of the copyright holder. An example of infringement of this type of right may be where a 3rd party makes an unauthorized (by the owner of the copyright) derivative work in which the original work is reformed or adapted. In the event of the copyright infringement the copyright holder may approach the courts for recourse.
The article is not exhaustive of the rights that the holder of a copyright has but gives some insight into the issues. The article is written for information purposes only. Our team of competent attorneys at Nenjy Nyamapfene Law Practice can facilitate the registration of such rights, please visit our offices for assistance.
