Zambia

Legal background

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention? Yes
CPRA s.12
Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders? No
Competition law excludes "the entering into an agreement in so far as it contains a provision relating to the use, licence or assignment of rights under, or existing by virtue of, any copyright, patent or trade mark”.
CFTA s.3
Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? Yes
The Constitution repeatedly guarantees freedom of “conscience, expression and association”, including specifically “Freedom of Expression”, including “freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons”. This could in appropriate cases prevail over copyright law.
Constitution Article 20
Can databases of non-original material be reproduced without infringing a copyright or sui generis database right? No
Are rights holders prohibited from excluding user rights under copyright law? Yes
A non-compulsory Register of copyrighted works is maintained and the owner of copyright may specify “the type of copyright claimed and any limitations on the copyright held by that owner”.
Is computer software excluded from the scope of patentable subject matter?

Freedoms to access and use

By Home UsersIs there any general user right that is based on a set of balancing criteria, such as a "fair use" right? No
Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? Yes
There is specific provision for the recording of a broadcast or cable program by an individual for the purpose of allowing the individual to listen to or view the broadcast or program at a time more convenient to him.
CPRA s.21
Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? Yes
CPRA s.21
Can works be communicated to a limited public (for example, family and friends) without infringing copyright? Yes
Mainly for educational and school use.
CPRA s.21
For EducationMay students copy works for private research or study? Yes
Provided that the reproduction is not made by means of an appliance capable of producing multiple copies.
CPRA s.21
Does any such research and study provision cover distance and online education? No
May translations of works be made for educational purposes? No
May educators copy works for use in the classroom? No
OnlineAre temporary or transient copies, incidental to a lawful use, excepted from copyright? No
Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network? No
There is no specific provision on ISP liability.
Is Internet access free of ISP filtering or monitoring for potential copyright-infringements? Yes
By content creatorsIs there any protection for consumers who non-commercially remix or mash up copyright works? No
May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software? No
Is the incidental inclusion of a work in other material permitted? In part
Only as a citation.
Is there are copyright exception for parody or satire? No
By the pressIs there a copyright exception for the news of the day? Yes
CPRA s.21
May copyright material be reproduced for the purposes of review and criticism? Yes
Provided there is sufficient acknowledgement.
CPRA s.21
May quotations be used for any purpose? No
Only for educational or scientific purposes.
By LibrariesMay libraries copy works if they cannot reasonably be obtained commercially? No
May librarians copy works for users for the purpose of research or study? No
Are libraries allowed to make preservation or archive copies of materials in their collections? Yes
CPRA s.21
Can lending libraries operate without incurring public lending rights fees to copyright owners?
By disabled usersIs it permissible to copy or adapt work for the use of those with disabilities? No
In public affairsAre laws excluded from copyright? Yes
Are other governmental works either excluded from copyright, or routinely shared under permissive licences? Yes
Judicial Acts, for example.
Are the results of publicly funded research required to be published under an open access licence? No

Freedoms to share and transfer

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used? Yes
Can public domain works be used without the need for any payment or registration of the use?
Does the law make special provision for the legal use of orphaned works? No
Is parallel importation of copyright works permitted? Yes
Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources? No
Are there national programmes or policies that specify or promote the use of open document formats? No

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? One hundred thousand penalty units; or twenty penalty unit; for each infringing copy; whichever is greater, or to imprisonment for a term not exceeding ten years, or to both. CPRA s.28
What is the maximum penalty for copyright infringement for a corporation? As above. CPRA s.28
Is innocent infringement of IP treated differently by the law? No
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes? No
Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights? No
Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers? No
Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds?
Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court? Yes
Are criminal sanctions limited to cases of large-scale commercial counterfeiting? No
Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award? No
A preestablished formula of penalties for copyright infringement exists.
Is there provision to penalise the wrongful allegation of copyright infringement? No
Is there provision to penalise the obstruction of consumers' exercise of user rights?
Does the patent system allow for pre-grant opposition?

Recent or upcoming changes

Summary of position

The Zambian copyright system is closely based on the Copyright and Performance Rights Act of 1994, which follows Berne closely. Given its age, the Act does not provide guidance on most of the issues arising in the digital environment (at least for consumers; trafficking in circumvention devices, however, is prohibited).

A significant component of the Act covers the role of collecting societies. ZAMCOPS, which currently represents musicians authors, publishers and composers of various forms of artistic works, came into existence on the back of the new Act in 1994 and started operations in 1996.

The Zambian legislation is not the worst, but certainly not the best to be found in Africa, and should be reviewed to improve its suitability for modern consumers.

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