- Is amended by Business and Intellectual Property Authority Act, 2016
- Is commenced by Commencement of Copyright and Neighbouring Rights Protection Act, 1994
Copyright and Neighbouring Rights Protection Act, 1994
Act 6 of 1994
- Published in Government Gazette no. 845 on 5 May 1994
- Assented to on 14 April 1994
- Commenced on 15 March 1996 by Government Notice of 1996
- [This is the version of this document from 16 January 2017 and includes any amendments published up to 6 October 2022.]
- [Amended by Business and Intellectual Property Authority Act, 2016 (Act 8 of 2016) on 16 January 2017]
Part I – Protection of copyright
Copyright in original works
2. Works eligible for copyright
3. Copyright by virtue of nationality, domicile or residence
4. Copyright by reference to country of originCopyright shall subsist in every work eligible for copyright, which is a work in respect of which copyright is not conferred by section 3 or 5 and which -
5. Copyright in relation to the State and certain international organisations
6. Duration of protection of copyright
7. Nature of copyright in literary or musical worksCopyright in a literary or musical work vests the exclusive right to do or authorise the doing of any of the following acts in Namibia:
8. Nature of copyright in artistic worksCopyright in an artistic work vests the exclusive right to do or to authorise the doing of any of the following acts in Namibia:
9. Nature of copyright in cinematograph filmsCopyright in a cinematograph film vests the exclusive right to do or to authorise the doing of any of the following acts in Namibia:
10. Nature of copyright in sound recordingsCopyright in a sound recording vests the exclusive right to do or to authorise the doing of any of the following acts in Namibia:
11. Nature of copyright in broadcastsCopyright in a broadcast vests the exclusive right to do or to authorise the doing of any of the following acts in Namibia:
12. Nature of copyright in programme-carrying signalsCopyright in programme-carrying signals vest the exclusive right to undertake, or to authorise, the direct or indirect distribution of such signals by a distributor to the public in Namibia, or from Namibia.
13. Nature of copyright in published editionsCopyright in a published edition vests the exclusive right to make or to authorise the making of a reproduction of the edition in any manner.
14. Nature of copyright in computer programsCopyright in a computer program vests the exclusive right to do or authorise the doing of any of the following acts in Namibia:
15. General exceptions regarding protection of literary and musical works
16. General exceptions in respect of reproduction of worksIn addition to reproductions permitted in terms of this Act reproduction of a work shall also be permitted in such circumstances as are prescribed, but in such a manner that the reproduction is not in conflict with a normal exploitation of the work and is not unreasonably prejudicial to the legitimate interests of the owner of the copyright.
17. Special exception in respect of records of musical works
18. General exceptions regarding protection of artistic works
19. General exceptions regarding protection of cinematograph films
20. General exceptions regarding protection of sound recordingsSection 15(1)(b) and (c), (2), (3), (4), (5), (12) and (13) shall apply mutatis mutandis with reference to a sound recording.
21. General exceptions regarding protection of broadcastsSection 15(1), (2), (3), (4), (5), (12) and (13) shall apply mutatis mutandis with reference to a broadcast.
22. General exceptions regarding protection of programme-carrying signals
23. General exceptions regarding protection of published editionsSection 15(1), (2), (4), (5), (8), (12) and (13) shall apply mutatis mutandis with reference to a published edition.
24. General exceptions regarding protection of computer programs
25. Moral rights
26. Ownership of copyrightSubject to section 27, the ownership of any copyright conferred by section 3 or 4 in a work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.
27. Ownership of copyright in works of employed authors
28. Assignment and licences in respect of copyright
Infringements of copyright and remedies
30. Action by owner of copyright for infringement
31. Rights of action and remedies of exclusive licensee and sub-licensee
32. Onus of proof
33. Offences and penalties, and proceedings in respect of dealings which infringe copyright
34. Provision for restricting importation of copies
35. Establishment and jurisdiction of Copyright Tribunal
36. Reference of licence schemes to Tribunal
37. Further reference of licence schemes to Tribunal
38. Applications to Tribunal
39. Diffusion serviceIn a dispute concerning the transmission of broadcasts in a diffusion service in Namibia, the Tribunal shall disallow a claim under this Act to the extent to which the licences of the broadcasting organisation concerned provide for or include such transmission in a diffusion service.
40. Effect of orders of Tribunal, and supplementary provisions relating thereto
41. Costs and expenses in respect of proceedings before TribunalThe Tribunal may order that the costs or expenses of any proceedings before it incurred by a party shall be paid by any other party, and may tax or settle the amount of any costs or expenses to be paid under that order or direct the manner in which they are to be taxed.
42. Proof of orders of TribunalA document purporting to be a copy of an order of the Tribunal and certified by the Registrar of the High Court of Namibia to be a true copy of such an order shall in any legal proceedings be sufficient evidence of the order unless the contrary is proved.
43. Appeals against orders or decisions of Tribunal
44. Regulations relating to proceedings before, and appeals against orders or decisions of, TribunalRegulations made under paragraph (b) of section 61 may -
Part II – Protection of performers’ rights
45. Relation to copyright protectionThe rights conferred by this Part shall in no way restrict or affect any rights provided for elsewhere in this Act in relation to copyright in literary and musical works.
46. Protection of performers’ rights in respect of performances in Namibia and convention countriesPerformers shall be granted the protection provided for in section 47 in respect of their performances which -
47. Restrictions on use of performances
48. Collective performances
49. Duration of protection of performers’ rights
50. Exceptions from prohibition against use of performance without consent of performer
51. Offences and penalties
52. Damages or interdict for infringement of performers’ rightsA person who infringes the right of a performer may be sued in a court of law by such performer for -
53. Power of court in respect of fixations, reproductions and plates made in contravention of this PartIn any legal proceedings brought by virtue of this Part, the court may order that all fixations, reproductions of fixations or plates in the possession of the accused or the defendant, which appear to the court to have been made in contravention of any provision of this Part, be destroyed or otherwise dealt with as the court may determine.
54. Consent on behalf of performers and criminal liability of unauthorised agent
Part III – Copyright owners’ collecting societies
55. Definition of copyright owners’ collecting societyFor the purposes of this Part, “copyright owners’ collecting society” means any organisation or association formed for the purpose of promoting and protecting the interests of owners of copyright, licensees or performers and which has been recognised by the Board under section 56(3).
56. Recognition of organisation or association as copyright owners’ collecting society
57. Copyright owners’ collecting society to be a juristic personEvery copyright owners’ collecting society shall, with effect from the date of issue of the certificate referred to in section 56(3), be a juristic person.
58. Keeping of accounts and auditing
59. Withdrawal of recognition
60. Offence and penaltiesA person who contravenes the provisions of section 56(6) shall be guilty of an offence and liable on conviction to a fine not exceeding N$12 000 or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.
Part IV – General and miscellaneous provisions
61. RegulationsThe Minister may make regulations by notice in the Gazette -
62. Recommendations by BIPABIPA may make recommendations to the Minister in regard to any amendments to this Act and shall advise the Minister on any matter referred to it by the Minister.[section 62 substituted by Act 8 of 2016]
63. Application of Act to other countries
65. Application of Act in relation to works or performances made before commencement of Act
66. Time when a work is made
67. Act binds StateThis Act shall bind the State.
68. Repeal of laws
69. Short title and commencementThis Act shall be called the Copyright and Neighbouring Rights Protection Act, 1994, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.
History of this document
16 January 2017 this version
15 March 1996
05 May 1994
Published in Government Gazette number 845
14 April 1994