Uganda Act or statute

Parliament of Uganda

Copyright and Neighbouring Rights Act

The Act applies to works not yet in the public domain that are: created by a citizen of Uganda or a person resident in Uganda; first published in Uganda; created by a person who is national or res…

Jurisdiction: Uganda
Structure: 73 provisions
Citation: Chapter 222
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“The Act applies to works not yet in the public domain that are: created by a citizen of Uganda or a person resident in Uganda; first published in Uganda; created by a person who is national or resident of a country referred to in section 80; or first published in a country referred to in section 80.”

The Act applies to works not yet in the public domain that are: created by a citizen of Uganda or a person resident in Uganda; first published in Uganda; created by a person who is national or resident of a country referred to in section 80; or first published in a country referred to in section 80. Provides interpretation and definitions used throughout the Act. When a work is created by more than one person and parts cannot be distinguished, all authors are co-owners of the economic and moral rights in the work, and the co-owners have equal rights in that work. Authors of applied or fine art works have an inalienable right to share in the proceeds of each sale of their work. The author of a work specified in section 4 is entitled to protection of the work if it is original and reduced to material form; that protection is not subject to any formality.

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Preliminary - Application of Act

Section 1

Duration of copyright and authorised uses of protected works - Records of copyright centres

The Registrar must keep up-to-date records of the copyright information centres.

Section 19

Contracts relating to exploitation rights of author - Broadcasting contracts

Authors, performers, successors in title or their agents must transfer broadcasting rights to a broadcasting company or supplier of audiovisual communication services in a broadcasting contract, subject to section 39.

Section 37

Administration of copyright - Suspension of release by customs authorities

A rights owner who reasonably suspects importation of pirated goods may apply to the Commercial Court to suspend release of those goods; if they start the procedure they must provide adequate evidence and a detailed description of the goods.

Section 55

General - Power to amend Schedule

The Minister may, by statutory instrument, amend Schedule 1 (in consultation with the Minister responsible for finance) and may, by statutory instrument, amend Schedule 2.

Section 82

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Showing 73 of 73 provisions

Provision 60Offence 9Amendment 2Commencement

Part I

Preliminary

§ 1Preliminary - Application of ActCommencement

Section Application of Act Section This Act applies to any work, including work created or published before the commencement of this Act, which has not yet fallen into the public domain where the work is— created by a citizen of Uganda or a person resident in Uganda; first published in Uganda, irrespective of the nationality or residence of the author ; created by a person who is a national of or resident in a country referred to in section 80 ; or first published in a country referred to in section 80 .

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

Provides interpretation and definitions used throughout the Act.

Section Interpretation Section In this Act, unless the context otherwise requires— “ audiovisual fixation ” means work consisting of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and where accompanied by sound, susceptible of being audible such as cinema, television or video films; “ author ” means the physical person who created or creates work protected under section 4 and includes a person or authority commissioning work or employing a person making work in the course of employment; “ braille ” means writing of the blind consisting of raised dots which are read by touching; “ broadcast ” has the same meaning assigned to it under the Uganda Communications Act; “ broadcasting company ” means a company which— (a) communicates or carries on transmission or broadcasts programmes of sound, video or data intended for simultaneous reception by the public; (b) provides or supplies audiovisual fixation rental communication or library services; or (c) provides services by wire or wireless means in such a way that members of the public access the fixation from a place and at a time individually chosen by them; “ choreography ” means steps and movements of a dance; “ choreographic work ” includes any form of dance or body movement communication whether in a dramatic form or not; “ communication to the public ” means the operation by which sounds or images or both sounds and images are transmitted to the public whether through broadcast , performance or other means and “public” excludes a family setting or function; “ computer programme ” means a set of instructions expressed in any language, code or notation, intended to cause the device having an information processing capacity to indicate, perform or achieve a particular function, task or result; “ copy ” means a production of a work in a written, recorded or fixation form or in any other material form, but an object shall not be taken to be a copy of an architectural work unless the object is a building or a model; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ derivative work ” means work resulting from adaptation, translation or other transformation of an original work but which constitutes an independent creation in itself; “ economic rights ” means the rights specified under section 8 ; “ fixation ” means the embodiment of images or sound or both images and sound in a material form sufficiently stable or permanent, to permit them to be perceived, reproduced or otherwise communicated through a device during a period of more than transitory duration; “ literary work ” includes— (a) novels, stories or poetic work; (b) plays, stage directions, audiovisual scenarios or broadcasting scripts; (c) textbooks, histories, biographies, essays or articles; (d) encyclopaedias, dictionaries, directories or anthologies; (e) letters, reports or memoranda; (f) lectures, addresses or sermons; and (g) any other work of literature; “ Minister ” means the Minister responsible for justice; “ moral right ” means the right to claim authorship or performance as is provided in sections 9 and 22 ; “ moral rights information ” means information which identifies the author of the work or performer , the title of the work, the producer of the sound recording or audiovisual fixation , the owner of any right in the work or information about the terms and conditions of use of the work; “ neighbouring rights ” include rights of performing artistes in their performances, rights of producers and music publishers and rights of broadcasting companies in their programmes and others as is provided under Part IV of this Act; “ performance ” means the presentation of a work by actions such as dancing, acting, playing, reciting, singing, delivering, declaiming or projecting to listeners or spectators; “ performer ” includes an actor or actress, singer, musician, dancer or other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore; “ producer ” means a person who organises and finances the production of an audiovisual fixation or sound recording ; “ programme carrying signals ” means electronically generated carriers transmitting live or recorded material consisting of images, sounds, or both images and sounds in their original form or any form recognisably derived from the original and emitted to or passing through a satellite situated in extra territorial space; “ pseudonym ” means the fictitious name adopted by an author ; “ publication ” means the lawful reproduction of a work or of an audiovisual or audiovisual sound recording , fixation or of sound recording for availability to the public; and includes public performances and making available of a work on the internet; “ published ” means a work or sound recording , tangible copies of which have been made available to the public in a reasonable quantity for sale, rental, public lending or for other transfer of the ownership or the possession of the copies, provided that, in the case of work the making available to the public took place with the consent of the author or other owner of copyright, and in the case of a sound recording , with the consent in writing of the producer of the phonogram or his or her successor in title; “ public performance ” means a performance of work which is presented to listeners or spectators not restricted to specific persons belonging to a private group and which exceeds the limits or normal domestic representations; “ public place ” means any building, or conveyance to which for the time being the public are entitled or permitted to have access, with or without payment which may include cinema, concert, dance or video halls, bars, clubs, sports grounds, holiday resorts, circuses, restaurants, counter vehicles, banks or other commercial establishments; “ Registrar ” means the Registrar of Copyright appointed under section 40 ; “ reproduction ” means the making of one or more copies of a work or sound recording in any manner or form including any permanent or temporary storage of the work or sound recording in electronic form; “ sound recording ” means any exclusively aural fixation of sound in a material carrier such as a tape, disc or other similar material but does not include audiovisual work including sound.

Section 2Verify source

Part II

Copyright protection and rights

§ 10Copyright protection and rights - Right of co-authorProvision

When a work is created by more than one person and parts cannot be distinguished, all authors are co-owners of the economic and moral rights in the work, and the co-owners have equal rights in that work.

Section Right of co-author Section Where work is created by more than one person and no particular part of the work is identified to have been made by each person, such that the work is indistinguishable, all the authors shall be co-owners of the economic rights and the moral rights relating to that work and the co-owners shall have equal rights in that work.

Section 10Verify source

§ 11Copyright protection and rights - Fine art works to have inalienable right in proceeds of saleProvision

Authors of applied or fine art works have an inalienable right to share in the proceeds of each sale of their work.

Section Fine art works to have inalienable right in proceeds of sale Section The author of an applied or fine art work shall have an inalienable right to share in the proceeds of each sale of that work by public auction, through a dealer or by whatever means. The right to share in the proceeds referred to in subsection (1) shall not include auction for fundraising purposes.

Section 11Verify source

§ 3Copyright protection and rights - Author entitled to copyright protectionProvision

The author of a work specified in section 4 is entitled to protection of the work if it is original and reduced to material form; that protection is not subject to any formality.

Section Author entitled to copyright protection Section The author of any work specified in section 4 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. The protection of the work of the author under subsection (1) shall not be subject to any formality. For the purpose of this section, a work is original if it is the product of the independent efforts of the author .

Section 3Verify source

§ 4Copyright protection and rights - Work eligible for copyrightProvision

Lists categories of works that are eligible for copyright, including literary, scientific and artistic works; derivative works; translations, adaptations and collections such as encyclopaedias and anthologies.

Section Work eligible for copyright Section The following literary, scientific and artistic works are eligible for copyright— Derivative works such as— articles, books, pamphlets, lectures, addresses, sermons and other works of a similar nature; dramatic, dramatic-musical and musical works; audiovisual works and sound recording , including cinematographic works and other work of a similar nature; choreographic works and pantomimes; computer programmes and electronic data banks and other accompanying materials; works of drawing, painting, photography, typography, mosaic, architecture, sculpture, engraving, lithography and tapestry; works of applied art, whether handicraft or produced on industrial scale, and works of all types of designing; illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science; derivative work which by selection and arrangement of its content, constitute original work; and any other work in the field of literature, traditional folklore and knowledge, science and art in whatever manner delivered, known or to be known in the future. translations, adaptations and other transformations of pre-existing works under subsection (1) ; and collections of pre-existing works like encyclopaedia and anthologies, The protection of a derivative work under subsection (2) shall not affect the protection of the pre-existing work used by a person for derivation purposes.

Section 4Verify source

§ 5Copyright protection and rights - Ideas not protectedProvision

Ideas, concepts, procedures, methods or other things of a similar nature are not protected by copyright under this Act.

Section Ideas not protected Section Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.

Section 5Verify source

§ 6Copyright protection and rights - Public benefit works not protectedProvision

Certain categories of works are not protected by copyright (enactments, court decisions and translations, government committee reports, and news of the day); the Government is the trustee for the public benefit of those works.

Section Public benefit works not protected Section The right to protection of copyrights under this Act shall not extend to the following works— an enactment including an Act, Statute, Decree, statutory instrument or other law made by Parliament or other authorised body; decree, order or other decision by a court of law for the administration of justice and any official translations from them; a report made by a committee or commission of inquiry appointed by Government or any agency of Government; news of the day namely reports of fresh events or current information by the media whether published in a written form, broadcast , internet or communicated to the public by any other means. The Government shall be the trustee for the public benefit of the works specified in subsection (1) .

Section 6Verify source

§ 7Copyright protection and rights - Employed authors and works for government or international bodiesProvision

When a person creates a work in the course of employment, on commission, or under Government or prescribed international body direction, copyright vests in the Government or that international body unless agreed otherwise; the moral right stays with the actual author.

Section Employed authors and works for government or international bodies Section Where a person creates a work— in the course of employment by another person; on commission by another person or body, Where a person creates work under the direction or control of the Government or a prescribed international body, unless agreed otherwise, the copyright in respect of that work shall vest in the Government or international body. Vesting of copyright referred to in subsections (1) and (2) shall apply only to work created within the stipulated schedule of work of an employee. The moral right in a work made under this section shall always remain with the actual author of the work.

Section 7Verify source

§ 8Copyright protection and rights - Economic rights of authorProvision

The owner of a protected work has the exclusive rights to control publication, reproduction, distribution, public performance, broadcasting, communication to the public (including via the internet), creation of derivative works (for pre-existing works), commercial rental or sale, future-known acts, and transcription into accessible braille.

Section Economic rights of author Section The owner of a protected work shall have, in relation to that work, the exclusive right to do or authorise other persons to do the following— to publish, produce or reproduce the work; to distribute or make available to the public the original or copies of the work through sale or other means of transfer of ownership; to perform the work in public; to broadcast the work; to communicate the work to the public by wire or wireless means or through any known means or means to be known in the future, including making the work available to the public through the internet or in such a way that members of the public may access the work from a place and at a time individually chosen by them; where the work is a pre-existing work, to make a derivative work ; to commercially rent or sell the original or copies of the work; in relation to that work, to do any act known or to be known in the future; or to reproduce transcription into braille which is accessible to blind persons.

Section 8Verify source

§ 9Copyright protection and rights - Moral rights of authorProvision

Authors have moral rights including attribution, objecting to derogatory treatment, withdrawal of the work (with indemnity), and non‑assignability except for enforcement.

Section Moral rights of author Section The author of any work protected by copyright shall have a moral right — to claim authorship of that work, except where the work is included incidentally or accidentally in reporting current events by means of media or other means; to have the author ’s name or pseudonym mentioned or acknowledged each time the work is used or whenever any of the acts under section 8 is done in relation to that work, except where its not practicable to do so; and to object to, and seek relief in connection with any distortion, mutilation, alteration or modification of the work. The author of a work has a right to withdraw the work from circulation if it no longer reflects the author ’s convictions or intellectual concepts; and if the author does so, shall indemnify any authorised user of that work who might, in any material way, be affected by the withdrawal. The moral right under subsection (1) is not assignable to any person, except for purposes of its enforcement.

Section 9Verify source

Part III

Duration of copyright and authorised uses of protected works

§ 12Duration of copyright and authorised uses of protected works - Duration of copyright protectionProvision

Economic rights in works are protected for specified terms (typically fifty years) depending on authorship type or work type; moral rights exist in perpetuity and are enforceable by the author or successors.

Section Duration of copyright protection Section The economic rights of an author in relation to a work are protected during the life of the author and for fifty years after the death of the author . Where the work is of joint authorship, the economic rights of the author , are protected during the life of the last surviving author and for fifty years after the death of the last surviving author . Where the economic rights in a work are owned by a corporation or other body, the term of protection shall be fifty years from the date of the first publication of the work. Where the work is published anonymously or under a pseudonym , the economic rights of the author are protected for a term of fifty years from the date of its first publication ; but where, before the expiration of the fifty years the identity of the author is known or is no longer in doubt, the economic rights shall be protected during the life time of the author and for fifty years after the death of that author . In the case of audiovisual work, sound recording or broadcast , the economic rights of the author are protected for fifty years commencing from the date of making the work or from the date the work is made available to the public with the consent of the author . In the case of a computer program, the economic rights of the author are protected for fifty years from the date of making the program available to the public. In the case of photographic work, the economic rights of the author are protected for fifty years from the date of making the work. The moral rights of an author exist in perpetuity whether the economic rights are still protected or not and that moral right is enforceable by the author or after death by his or her successors.

Section 12Verify source

§ 13Duration of copyright and authorised uses of protected works - Assignment of licence or transfer of copyrightProvision

The copyright owner may assign, licence or transfer economic rights (including to braille production units); assignments or transfers of economic rights must be in writing and signed; licences may be oral, written or inferred from conduct.

Section Assignment of licence or transfer of copyright Section The owner of a copyright may, as if it were movable property— assign his or her economic rights in a copyright to another person; licence another person to use the economic rights in a copyright; transfer to another person or bequeath the economic rights in a copyright in whole or in parts; or transfer to any braille production unit in Uganda the economic rights in the braille translation. The assignment, licence or transfer of the economic rights in whole or in part under subsection (1) shall not include or imply the assignment, licence or transfer of the moral right. An assignment or transfer of the economic right under subsection (1) shall be in writing and signed by the owner of the right or by the agent of the owner and by the person to whom the rights are being assigned or transferred. A licence to do an act falling within a copyright may be oral, written or inferred from conduct or circumstances. An assignment or transfer of the economic right shall be limited to the use, period and country provided in the contract under subsection (3) . Where the ownership of the only copy of one of several copies of a work is assigned, the economic rights relating to the work shall, unless the contrary is stated in writing, not be assigned. Where a person is entitled, under will, to any original literary, dramatic, musical or artistic work in a material form, but which work was not published before the death of the testator, the economic rights in the work shall, on publication of the work, belong to the person to whom the work is bequeathed unless the contrary is indicated in the will.

Section 13Verify source

§ 14Duration of copyright and authorised uses of protected works - Fair use of works protected by copyrightProvision

Fair use of a protected work is not an infringement and does not require the copyright owner's consent in specified circumstances such as quotations, teaching, reporting on current events, reproductions by certain institutions and transcription for persons with disabilities.

Section Fair use of works protected by copyright Section The fair use of a protected work in its original language or in a translation shall not be an infringement of the right of the author and shall not require the consent of the owner of the copyright where— a quotation from a published work is used in another work, including a quotation from a newspaper or periodical in the form of press summary, where— for the purposes of current information, a reproduction in the press, broadcast or communication to the public is made to— subject to conditions prescribed by the Minister , a reproduction of a literary, artistic or scientific work by a public library, a non-commercial documentation centre, a scientific institution or an educational institute if the reproduction and the copies made— In determining whether the use made of a work in any particular case is a fair use, the following factors shall be considered— the production, translation, adaptation, arrangement or other transformation of the work is for private personal use only; the quotation is compatible with fair practice; and the extent of the quotation does not exceed what is justified for the purpose of the work in which the quotation is used, and acknowledgement is given to the work from which the quotation is made; a published work is used for teaching purpose to the extent justified for the purpose by way of illustration in a publication , broadcast or sound or visual recording where the use is compatible with fair practice and acknowledgement is given to the work and the author ; the work is communicated to the public for teaching purposes for schools, colleges, universities or other educational institution or for professional training or public education where the use is compatible with fair practice and acknowledgement is given to the work and the author ; the work is reproduced, broadcast or communicated to the public with acknowledgement of the work, in any article printed in a newspaper, periodical or work broadcast on current economic, social, political or religious topic unless the article or work expressly prohibits its reproduction , broadcast or communication to the public ; any work that can be seen or heard is reproduced or communicated to the public by means of photograph, audiovisual work or broadcast to the extent justified for the purpose when reporting on current events; any work of art or architecture in a photograph or an audiovisual or television broadcast is reproduced and communicated to the public where the work is permanently located in a public place or is included by way of background or is otherwise incidental to the main object represented in the photograph or audiovisual work or television broadcast ; a political speech or a speech delivered during any judicial proceeding; or an address, lecture, sermon or other work of a similar nature delivered in public; for the purposes of a judicial proceeding, work is reproduced; do not conflict with the normal exploitation of the work reproduced; do not unreasonably affect the right of the author in the work; and any work is transcribed into braille or sign language for educational purpose of persons with disabilities. the purpose and character of the use, including whether the use is of a commercial nature or is for non-profit educational purposes; the nature of the protected work; the amount and substantiality of the portion used in relation to the protected work as a whole; and the effect of the use upon the potential market for value of the protected work. The fact that a piece of work is not published shall not of itself prejudice the requirement of fair use in accordance with subsection (2) .

Section 14Verify source

§ 15Duration of copyright and authorised uses of protected works - Ephemeral recordingProvision

Broadcasting companies may make ephemeral recordings for their own broadcasts; such copies must be destroyed within six months unless authorised by the copyright owner, and exceptional documentary recordings may be preserved for the national archives.

Section Ephemeral recording Section A broadcasting company may, for the purpose of its own broadcast and by means of its own facilities, make an ephemeral recording of the broadcast , in one or several copies of any work which it is authorised to broadcast . No copyright shall exist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast . Subject to subsection (4) , all copies of the ephemeral recording shall be destroyed within a period of six months or longer period as may be authorised by the copyright owner. Where a recording under subsection (1) is of exceptional documentary character, a copy of the recording may be preserved for the national archives. The preservation of a copy under subsection (4) does not affect, in any way, the rights of the author in the work that was broadcast. Whether the recording of a broadcast under subsection (1) is of an exceptional documentary character is a question of fact to be determined having regard to all the circumstances and in particular to the need for the enhancement of the historical or social aspect of life in Uganda.

Section 15Verify source

§ 16Duration of copyright and authorised uses of protected works - Non-exclusive licenceProvision

Ugandan citizens or ordinarily resident persons may apply to the Minister for a non-exclusive licence; the Minister must not grant certain licences until specified post-publication periods expire; where a licence is granted the licensee must ensure accuracy of translations/reproductions, include specified notices and provide just compensation.

Section Non-exclusive licence Section Aperson who is a citizen of Uganda or who is ordinarily resident in Uganda may apply to the Minister for a non-exclusive licence— The Minister shall not grant a licence under subsection (1)(b) until the following period commencing from the date of first publication of the work in a material form has expired— Where a licence is granted under this section, the licensee shall ensure that the translation or reproduction of the work is correct and the published copies shall include— to make and publish or to cause to make and publish a translation of a work into the English, Swahili or any Ugandan language and to produce or cause to be produced copies from them; or to reproduce or cause to be reproduced a work which is published , and to publish or cause to be published in a material form the work reproduced. An application for translation shall not be issued under subsection (1)(a) until one year has expired from the date of publication of the work in a material form. Where the author of the work has withdrawn all copies of the work from circulation, no licence under subsection (1)(a) shall be granted by the Minister in respect of that work. three years in the case of work in a material form of technology or natural or physical science including mathematics; five years in the case of music or any other related work; seven years in the case of work of fiction, poetry, drama or for a book of art; seven years in the case of an audiovisual fixation . The licensee under this section shall provide just compensation consistent with standards of royalties normally payable in the case of a licence freely negotiated between any person and the owner of the right, which shall be paid to the owner or agent of the owner and if the owner is not known or cannot be found, shall be paid to the Registrar who shall avail it to the owner if found. the original title and the name of the author of the work; a notice in the language of the translation or reproduction that the copies of the work are for distribution in Uganda and are not for export from Uganda; and a reprint of the copyright notice, that is, the symbol “©” accompanied by the name of the owner of the copyright and the year of first publication , where the work from which the translation or reproduction is made is published with a copyright notice.

Section 16Verify source

§ 17Duration of copyright and authorised uses of protected works - Scope and condition of non-exclusive licenceProvision

The Minister shall not issue a licence under section 16 unless specified conditions about prior publication, distribution, authorisation requests, and notices to copyright information centres are satisfied.

Section Scope and condition of non-exclusive licence Section A licence issued under section 16 shall— The Minister shall not issue a licence under section 16 unless— A licence issued under section 16 shall terminate— be limited to a non-exclusive right to translate the work into the language in respect of which it is granted; be limited to a non-exclusive right to reproduce the work as provided in the licence; be for the purpose of teaching, scholarship or research only; not be transferable by the licensee; and not extend to the export of copies of the work translated under the licence. the Minister is satisfied that no translation of that work into the language in question has ever been published in a material form by, or under the authority of the owner of the right of translation or that all previous editions in that language are out of print; there has never been a sale or other distribution, authorised by the owner or the agent of the owner of the reproduction right, of copies of the particular edition in Uganda to the public or in connection with systematic instructional activities, or that there has been no sale or other distribution during the immediately preceding six months; the applicant has requested from the owner of the rights or the agent of the owner for the authorisation to reproduce or translate and has been refused unreasonably or in spite of genuine efforts made by the applicant it has not been possible to locate the owner or the agent of the owner; the applicant has at the time of making the application, sent a notice of the application to the International Copyright Information Centre at the UNESCO, or a national or regional copyright information centre officially designated to that organisation by the government of the country where the author or publisher is believed to have his or her principal place of business; and where the applicant cannot locate the owner of the rights or the agent of the owner the applicant has by registered mail sent copies of the application to the author or publisher whose name appears on the work and also to the national or regional copyright information centre or in the absence of such a centre, has sent a copy of the application to the International Copyright Information Centre of UNESCO. where copies of an edition of the work translated or reproduced are distributed to the general public in Uganda; translation of the work in the same language and with substantially the same content as the edition for which the licence was granted is published in Uganda by or under the authority of the owner of the right of translation, at a reasonable price; and any copies produced before the termination of the licence may be distributed until the stock is exhausted; or where copies of the edition of the work are distributed in Uganda in connection with systematic instructional activities, by the owner of the right of production or the owner’s agent at a reasonable price if that edition is in the same language and substantially the same in content as the edition published under the licence, and any copies already made before the licence is terminated may continue to be distributed until the stock is exhausted.

Section 17Verify source

§ 18Duration of copyright and authorised uses of protected works - Translation for broadcastingProvision

A broadcasting company may apply to the Minister for a non-exclusive licence to translate published work or audiovisual text for certain non-commercial broadcasts; translations may be exchanged only within that licensed company's departments or divisions.

Section Translation for broadcasting Section A broadcasting company may apply to the Minister for a nonexclusive licence to translate published work or text of an audiovisual fixation where— the translation is to be made from a copy lawfully acquired; the translation is for a broadcast intended for teaching or for dissemination of the results of specialised technical or scientific research to experts in a particular profession by broadcast ; or the broadcast under paragraph (a) or (b) is lawfully made and is intended for reception in Uganda only. A translation under this section may be exchanged only between the departments or divisions of that licensed company. A translation made under this section shall not be used for any commercial purpose.

Section 18Verify source

§ 19Duration of copyright and authorised uses of protected works - Records of copyright centresProvision

The Registrar must keep up-to-date records of the copyright information centres.

Section Records of copyright centres Section The Registrar shall keep up-to-date records of the copyright information centres for ease of reference or contact by the interested persons under sections 16 , 17 , 18 or other circumstance.

Section 19Verify source

Part IV

Neighbouring rights

§ 20Neighbouring rights - Neighbouring rights and persons entitledProvision

Neighbouring rights are rights attached to the auxiliary role played by performers, producers of sound recording and audiovisual and broadcasting companies.

Section Neighbouring rights and persons entitled Section Neighbouring rights are rights attached to the auxiliary role played by performers, producers of sound recording and audiovisual and broadcasting companies through— the fulfilment of literary or artistic works; the provision of destiny and permanence in works; and the diminishing of distance in the publication of works, The neighbouring rights attached to the auxiliary role of a performer or a producer or broadcasting company does not in any way affect the copyright in a literary, scientific or artistic work from which it arose.

Section 20Verify source

§ 21Neighbouring rights - Rights of performerProvision

A performer has specific rights to authorise broadcasting, communication to the public, commercial rental, making available by wire/wireless/internet, and to contract for use of their performance or fixation.

Section Rights of performer Section A performer shall have the right to authorise— the broadcasting or communication to the public of his or her unfixed performance except where— the fixation of his or her live performance not previously fixed on a physical medium; it is made from a previously authorised fixation ; the transmission has been authorised by a broadcasting company that transmitted the first performer ; the direct or indirect reproduction of a fixation of his or her performance in manner or form; the distribution or making available to the public of the original or copies of the fixation of his or her performance through sale or other transfer of ownership. A performer has the right to enter into contract on terms and conditions that the performer may wish for the use of the performance or fixation by another person. A performer shall have the right to authorise the commercial rental to the public of the original or copies of the fixation of his or her performance even after the distribution or making available to the public of the original or copies of the fixation by the performer . A performer shall have the right to authorise the making available to the public of the fixation of his or her performance by wire or wireless means or internet, in such a way that members of the public may access it from a place and at a time individually chosen by them.

Section 21Verify source

§ 22Neighbouring rights - Moral rights of performerProvision

A performer has moral rights: to be identified as the performer; to have their name mentioned when the performance (or its broadcast/communication or fixes) is used or when acts in section 23 are done, unless not practicable; and to object to and seek relief for distortions, mutilations, alterations or modifications of the performance.

Section Moral rights of performer Section A performer has a right— to be identified as the performer ; to have his or her name mentioned each time the performance or the broadcast or communication of the fixation is used or whenever any of the acts referred to in section 23 is done in relation to a performance, except where it is not practicable to do so; and to object to and seek relief in connection with any distortion, mutilation, alteration or modification of his or her performance . The moral right under subsection (1) shall not be assignable to any person, except for the purpose of its enforcement.

Section 22Verify source

§ 23Neighbouring rights - Action not authorised without specific provision in contractProvision

Unless a contract specifically provides otherwise, an authorisation to broadcast or communicate a performance does not by itself imply other authorisations listed in the provision.

Section Action not authorised without specific provision in contract Section Unless it is specifically provided in a contract, the authorisation to broadcast or communicate a performance does not imply— a licence to other broadcasting or companies to transmit the performance ; authorisation to make a fixation of the performance ; authorisation to reproduce the fixation where the authorisation granted is to broadcast and communicate a fixation of the performance ; authorisation to broadcast or communicate the performance from the fixation where the authorisation granted is to make a fixation .

Section 23Verify source

§ 24Neighbouring rights - Authorisation in co-performanceProvision

When a performance involves two or more people performing as a group, the group's leader or the group's legal representative must give authorisation for use, broadcast or communication of the performance.

Section Authorisation in co-performance Section Where two or more persons take part in the same performance as a group, authorisation for the use, broadcast or communication of the performance shall be given by the leader of the group or the legal representative of the group if any.

Section 24Verify source

§ 25Neighbouring rights - Duration of protection of performerProvision

A performer’s right is protected for fifty years from the date of the performance.

Section Duration of protection of performer Section The right of a performer under this Act shall be protected for fifty years from the date of the performance .

Section 25Verify source

§ 26Neighbouring rights - Rights of directorProvision

A director of a performance, sound recording or audiovisual fixation has rights to be identified as the director and to have their name mentioned when the work is used, except where it is not practicable to do so.

Section Rights of director Section A director of a performance , sound recording or audiovisual fixation has a right— to be identified as the director; to have his or her name mentioned each time a performance , sound recording or audiovisual fixation is used or whenever any acts referred to in section 23 is done in relation to the work except where it is not practicable to do so.

Section 26Verify source

§ 27Neighbouring rights - Rights of producerProvision

Producers of sound recordings and audiovisual fixations may authorise reproduction, distribution, rental and making available of their fixations; others may not reproduce/distribute/make available without authorisation; broadcasting or communication to the public for commercial advertisement may be done without authorisation but requires equitable remuneration; rights last fifty years from the cutting of the matrix.

Section Rights of producer Section A producer of a sound recording or audiovisual fixation shall have a right to authorise the reproduction of that sound recording or audiovisual fixation . A producer of a sound recording or audiovisual fixation shall have the right to authorise the distribution or making available to the public of the original or copies of the fixation through sale or other transfer of ownership. A producer of a sound recording or audiovisual fixation shall have the right to authorise the commercial rental to the public of the original or copies of the fixation even after the distribution or making available to the public of the original or copies of the fixation by the producer . A producer of a sound recording or audiovisual fixation shall have the right to authorise making available to the public of the fixation , by wire or wireless means, in such a way that members of the public may access the fixation from a place and at a time individually chosen by them. No person shall reproduce, distribute or make available to the public a sound recording or audiovisual fixation without the authorisation of the producer under this section. For the purposes of this section, reproduction of a copy of a sound recording or an audiovisual fixation shall be unlawful if, with or without imitating the outward characteristics of the original work, it incorporates all or part of the sound or image with or without sound and without authorisation. Where a sound recording or audiovisual fixation for commercial advertisement or its reproduction is used for broadcasting or for any other form of communication to the public , the user shall not require the authorisation of the producer , but shall pay an equitable remuneration to the producer and the performer . The rights of the producer under this section shall be protected for fifty years from the date of the cutting of the matrix.

Section 27Verify source

§ 28Neighbouring rights - Duty to indicate moral right informationProvision

Producers or publishers must indicate specified moral-right information on the physical medium or its container; producers may also indicate terms of use of fixation.

Section Duty to indicate moral right information Section The producer or publisher has a duty to indicate on the book, cable of the disc or tape or the container— the name of the author and those of the main performer or performers, if any; the title of the work; the year of the cutting of the original matrix or of first publication of the book; the name, whether individual or body corporate, or distinguishing mark of the producer or publisher; and that the rights of the producer or publisher are reserved. For the purposes of subsection (1)(a) , a choir, orchestra, theatre company or author shall be referred to by the proper name and by the name of the leader, if any. The producer may indicate on the cable of the disc or tape or the container any information about the terms and conditions of use of fixation .

Section 28Verify source

§ 29Neighbouring rights - Notice of protection of producer’s rightsProvision

When copies of a sound recording or audiovisual fixation are made for commercial purposes, the copies must bear a notice claiming the producer’s rights (including the © symbol and year of first publication) and identification of the producer or related information; where performers are not identified the notice must include the name of the person who owns performers’ rights.

Section Notice of protection of producer’s rights Section Where copies of a sound recording or audiovisual fixation are made for commercial purposes, there shall be printed on the copies a notice consisting of— Where the copies of sound recording , audiovisual fixation or their containers do not identify— the symbol “©”; and the year of first publication of the sound recording or audiovisual fixation placed in a manner that gives reasonable notice of claim of protection of the rights of the producer . the producer ; the producer ’s licence in relation to that sound recording or fixation ; or the description or trademark of the producer , Where the copies of a sound recording , audiovisual fixation or their containers do not identify the principal performers, the notice shall include the name of the person who owns the rights of the performers. The coming into force of this Act shall not affect the right of any person to use, in accordance with the provisions of this Act, any fixation or reproduction made in good faith before the coming into force of this Act.

Section 29Verify source

§ 30Neighbouring rights - Remuneration for broadcastingProvision

When a commercially published sound recording or audiovisual fixation is broadcast, the user must pay a single equitable remuneration to the producer; performers are entitled to half that amount unless otherwise agreed.

Section Remuneration for broadcasting Section Where a sound recording or audiovisual fixation published for commercial advertisement purposes, or a reproduction of that sound advertisement recording or audiovisual fixation is used directly or indirectly for broadcasting or other communication to the public , or is publicly performed, unless otherwise agreed, a single equitable remuneration for the performer or performers and the producer of the sound recording or audiovisual fixation shall be paid by the user to the producer . Unless otherwise agreed between the performers and the producer , half of the amount received by the producer under subsection (1) shall be paid to the performer or performers. Sound recording or audio visual fixation published for commercial advertisement and made available to the public by internet, wire or wireless means in such a way that members of the public may access it from a place and at a time individually chosen by them shall, for the purposes of this section, be subject to subsection (1) .

Section 30Verify source

§ 31Neighbouring rights - Rights of broadcasting companyProvision

A broadcasting company has the right to authorise or prohibit reproduction of a fixation of its broadcasts, with specified exceptions, and those rights are protected for fifty years from the date of the first broadcast.

Section Rights of broadcasting company Section A broadcasting company shall have the right to authorise or prohibit— the reproduction of a fixation of its broadcasts except where— the broadcasting of its broadcast ; the fixation of its broadcasts; or the fixation used to make the broadcast is made without authorisation; or the broadcast is initially fixed in accordance with the provisions of this Act but the reproduction is made for purposes other than those specified. The rights of a broadcasting company under this section shall be protected for fifty years from the date the first broadcast takes place.

Section 31Verify source

§ 32Neighbouring rights - Producers of programme carrying signalsProvision

A producer of a programme transmitted by point-to-point communication has the right to authorise further transmission of that signal in Uganda or from its territory for fifty years from publication.

Section Producers of programme carrying signals Section A producer of a programme carrying signals transmitted through the point to point communication intellects shall have the right to authorise further transmission of the signal in Uganda or from its territory which right shall exist for fifty years from the date of publication of the programme.

Section 32Verify source

§ 33Neighbouring rights - Limitation on neighbouring rightsProvision

Sections 23, 26, 27, 28, 29 and 32 do not apply when the acts are for private use, reporting a current event (using only short excerpts), teaching science, or short quotations compatible with fair use and justified by informative purpose.

Section Limitation on neighbouring rights Section The provisions of sections 23 , 26 , 27 , 28 , 29 and 32 shall not apply where the acts done are for— private use; the reporting of a current event, except that no more than short excerpts of a performance , sound recording or audiovisual performance fixation or broadcast are used; teaching science; or quotations in the form of short excerpts of a performance , sound recording , audiovisual fixation or fixation or broadcast , which are compatible with fair use and are justified by the informative purpose of the quotations.

Section 33Verify source

Part V

Contracts relating to exploitation rights of author

§ 34Contracts relating to exploitation rights of author - Contracts to be in writingProvision

A contract for exploiting an author’s or performer’s rights must be in writing and signed or marked by the parties to the contract.

Section Contracts to be in writing Section A contract relating to the exploitation of the rights of the author or the rights of the performer shall be in writing and signed or marked by the parties to the contract.

Section 34Verify source

§ 35Contracts relating to exploitation rights of author - Publishing contractsProvision

Authors (or their successors or agents) must transfer to the publisher, for payment of remuneration, the right to publish their work in material form and distribute it to the public, subject to section 39.

Section Publishing contracts Section A publishing contract made under this section may specify— Subject to section 39 , the author, his or her successor in title or agent, shall, in a publishing contract, transfer to the publisher against payment of a remuneration, the right to publish his or her work in a material form and distribute that work to the public. the period, the territory and the language for which the right is transferred; the exclusive or non-exclusive nature of the right transferred; the period within which the work of the contract is to be published which period shall not exceed eighteen months from the date of the making of the contract; the amount of the author ’s remuneration and mode of payment.

Section 35Verify source

§ 36Contracts relating to exploitation rights of author - Public performance contractsProvision

Authors, performers, successors in title or their agents must transfer the right to perform a work in public to a person or body under a public performance contract in return for payment.

Section Public performance contracts Section A performance contract made under this section may specify— Subject to section 39 , the author, performer, successor in title or agent shall, in a public performance contract, transfer to a person or body, the right to perform in public his or her literary, dramatic, dramatic-musical or musical work against payment of remuneration. the exclusive or non-exclusive nature of the rights transferred; the period for which the right is transferred or the number of performances to be effected; the period within which the performance or performances are to be effected, which shall not exceed two years from the date of the making of the contract; the territory for which the right is transferred; the type of performance ; and the amount of the author ’s remuneration and mode of payment.

Section 36Verify source

§ 37Contracts relating to exploitation rights of author - Broadcasting contractsProvision

Section Broadcasting contracts Section A broadcasting contract made under this section may specify— Subject to section 39 , the author, performer, successor in title or agent shall, in a broadcasting contract, transfer to a company involved in radio or, television broadcasting or the supplier of audiovisual communication services or other form of broadcast, the right to broadcast his or her literary, dramatic, dramatic-musical or musical work against payment of remuneration. the exclusive or non-exclusive nature of the right transferred; the period for which the right is transferred or the number of times the work shall be broadcast ; the language in which the work is to be broadcast ; the territory in which the work is to be broadcast ; and the amount of the author ’s remuneration and mode of payment.

Section 37Verify source

§ 38Contracts relating to exploitation rights of author - Voidable contractsProvision

Contracts made under this Part that omit specified items or that contravene a relevant provision of this Part are voidable.

Section Voidable contracts Section A contract made under this Part which does not include any item specified in respect of the respective contract or any contract which contravenes a relevant provision of this Part is voidable.

Section 38Verify source

§ 39Contracts relating to exploitation rights of author - Remuneration payable to authorProvision

Remuneration payable to an author must be that agreed upon by the parties, either from proceeds of exploitation where practicable or as a reasonable lump sum to cover creation expenses plus reasonable profit.

Section Remuneration payable to author Section The remuneration to be paid to an author under this Part shall be that agreed upon by the parties in respect of— proceeds from the exploitation of the work of the authors, where practicable; or a reasonable lump sum to offset the expenses incurred by the creation of the work, plus a reasonable profit.

Section 39Verify source

Part VI

Administration of copyright

§ 40Administration of copyright - Registrar of Copyright and other officersProvision

The Minister may appoint a Registrar of Copyright on the recommendation of the Board; the Board may appoint assistant registrars and other officers; those assistants and officers must report to and follow the direction of the Registrar.

Section Registrar of Copyright and other officers Section The Minister may, on the recommendation of the Board of Directors of the Uganda Registration Services Bureau appoint a Registrar of Copyright. The Board of Directors of the Uganda Registration Services Bureau may appoint such number of assistant registrars, copyright inspectors and other officers as may be necessary for the efficient discharge of the duties and functions of the Registrar under this Act. The assistant registrars, copyright inspectors and other officers shall report and be subject to the direction of the Registrar .

Section 40Verify source

§ 41Administration of copyright - Functions of RegistrarProvision

The Registrar must carry out licensing application processing, registration of works, collecting societies, assignments and contracts, provide information services, advise Government with collecting societies, and perform other related duties.

Section Functions of Registrar Section The Registrar shall— process applications for licences to be issued by the Minister under section 16 ; register works and productions to be registered under this Act; register collecting societies; give guidance to and discipline collecting societies; register assignments, licences and transfers of copyrights; register copyright contracts relating to exploitation of rights; provide copyright and neighbouring rights information service to the public and users of copyright works; in collaboration with the collecting societies, advise Government on matters relating to copyright and neighbouring rights ; and perform any other duty or function relating to copyrights, neighbouring rights and collecting societies as may be necessary for the better functioning of this Act or as the Minister may by regulation prescribe. The Registrar ’s office shall be the National Copyright Information Centre.

Section 41Verify source

§ 42Administration of copyright - Registration of rightsProvision

Owners, holders of assignments/licences/transfers, and persons party to copyright contracts may register rights with the Registrar; on registration the Registrar must issue a certificate, and the procedure is prescribed by rules made by the Minister.

Section Registration of rights Section The owner of a copyright or a neighbouring right may register the right with the Registrar for the purpose of— A holder of an assignment, licence or transfer of a copyright or neighbouring right may register the assignment, licence or transfer with the Registrar for the purpose of— keeping evidence of ownership of the right; identification of works and authors; and maintenance of record of the rights. keeping evidence of the assignment, licence or transfer of the copyright; maintenance of record of the rights; and publication of the assignment, licence or transfer. A person entering into a copyright or neighbouring right contract may register the rights in the contract. A piece of work which is creating the right shall be reduced in a material form before the owner of the right can register the right. A copy of the work or contract which is creating the right for registration shall be deposited with the Registrar for registration. On registration, the Registrar shall issue a certificate as proof of registration and one certificate may include rights in more than one piece of work. A certificate of registration of a piece of work may be received in evidence as proof of ownership of that piece of work. The procedure for application and form of registration of a right in a piece of work shall be as prescribed by rules made by the Minister for the purpose.

Section 42Verify source

§ 43Administration of copyright - Users of work to apply for licenceOffence

Persons wishing to use or perform anothers work in public for gain must apply to the owner or the owners agent for a licence.

Section Users of work to apply for licence Section A person who wishes to use or perform another person’s work or who causes work to be performed in public for gain shall apply to the owner or the owner’s agent for a licence to do so. The owner or agent may grant a licence and shall, in respect of any grant, charge such royalties as the owner or owner’s agent may determine to be appropriate. A licence granted under this section shall be in force for one year but may be renewed each time it expires. A person who, after the expiration of a licence continues to use, perform or cause to be performed in public for gain any work, without renewing the licence commits an offence and is liable, in addition to any other punishment under this Act, to pay not less than fifty percent of the royalties charged in respect of that work in addition to the royalties due for that particular use. The form of application and licence under this section shall be as prescribed by the Minister . A licence by an agent shall not affect the rights of the owner of the work under section 8 but where a person is licensed by an agent, the owner shall not impose extra conditions and similarly where the owner exercises his or her rights under section 8 the agent shall not impose conditions other than those agreed upon between the owner and the user of the work if the agreement is in conformity with this Act.

Section 43Verify source

§ 44Administration of copyright - Civil remediesProvision

Persons whose copyright rights are threatened or infringed may bring proceedings in the Commercial Court for injunctions; the court may, on an ex parte application by a right owner, order inspection or removal of infringing materials; injured persons may claim damages; infringement is actionable only if it involves the whole work or a substantial part.

Section Civil remedies Section A person whose rights under this Act are in imminent danger of being infringed or are being infringed may institute civil proceedings in the Commercial Court for an injunction to prevent the infringement or to prohibit the continuation of the infringement. Upon an ex parte application by a right owner, the court may in chambers make an order for the inspection of or removal from the infringing person’s premises, of the copyright infringing materials which constitute evidence of infringement by that person. The grant of an injunction under subsection (1) shall not affect the author’s claim for damages in respect of loss sustained by him or her as a result of the infringement of the rights under this Act. A person who sustains any damage because of the infringement of his or her rights under this Act may claim damages against the person responsible for the infringement whether or not that person has been successfully prosecuted. An infringement is not actionable unless the infringement involves the whole piece of work or a substantial part of the work.

Section 44Verify source

§ 45Administration of copyright - Infringements of copyrightProvision

A person infringes copyright by dealing with a work or performance contrary to permitted free use without authorization, including reproducing, importing (except for private use), distributing in Uganda by sale/hire/rental, or exhibiting commercially.

Section Infringements of copyright Section Infringement of copyright or neighbouring right occurs where, without a valid transfer, licence, assignment or other authorisation under this Act a person deals with any work or performance contrary to the permitted free use and in particular where that person does or causes or permits another person to— reproduce, fix, duplicate, extract, imitate or import into Uganda otherwise than for his or her own private use; distribute in Uganda by way of sale, hire, rental or like manner; or exhibit to the public for commercial purposes by way of broadcast , public performance or otherwise. The use of a piece of work in a manner prejudicial to the honour or reputation of the author shall be deemed an infringement of the right of the owner of the right.

Section 45Verify source

§ 46Administration of copyright - Offences and penaltiesOffence

Defines offences for persons who, without authorisation, remove or alter moral rights information, distribute pirated works, communicate works to the public or sell/import devices for making infringing copies; specified convictions may attract fines or imprisonment.

Section Offences and penalties Section Any person who, without the authorisation of or licence from the rights owner or his or her agent— A person who does any act to make other people believe that he or she is the author or performer of a piece of work, whether that act is— Any person commits an offence who, having reasonable grounds to know or suspect that the act will induce, enable, facilitate or conceal an infringement of a copyright or a neighbouring right, does the following— publishes, distributes or reproduces the work; performs the work in public; broadcasts the work; communicates the work to the public; or imports any work and uses it in a manner which, were it work made in Uganda, would constitute an infringement of copyright, Any person who contravenes the rights of a producer of a sound recording or audiovisual fixation , a broadcasting company or a producer of programme carrying signals commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or to imprisonment for a term not exceeding one year, or both. Where a work is communicated to the public on the premises of an occupier or by the operation of any apparatus which is provided by or with any consent of the occupier of those premises, the occupier shall be deemed to be the person communicating the work to the public whether or not he or she operates the apparatus. Any person who sells or buys in the course of trade or imports any apparatus, article, machine or thing, knowing that it is to be used for making infringing copies of work, commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both. In addition to the punishment prescribed by subsection (4) the court shall, where an offence is committed under that subsection, order the forfeiture of the apparatus, article or thing which is the subject matter of the offence or which is used in connection with the commission of the offence. by words or writing; through conduct or fraudulent tricks; or the use of electronic or other device, removes or alters any electronic moral rights information without lawful authority to do so; distributes, imports for distribution, broadcasts, communicates or makes available to the public any pirated work; or without lawful authority, distributes, imports for distribution, broadcasts, communicates or makes available to the public, any performance , copy of a sound recording or audiovisual fixation knowing that the moral rights information has been unlawfully removed or altered. Where a work is communicated to the public on the premises of an occupier by live performance without the authority of the owner of the copyright or neighbouring right or agent, the occupier of the premises shall be deemed to have communicated the work to the public.

Section 46Verify source

§ 47Administration of copyright - Infringement of neighbouring rightOffence

Anyone who infringes another person's neighbouring right commits an offence and, on conviction, may be fined up to one hundred currency points or imprisoned up to four years, or both.

Section Infringement of neighbouring right Section Any person who infringes a neighbouring right of another person under this Act commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding four years, or both. The provisions of sections 44 and 46(2) to (6) shall apply to the owner of a neighbouring right.

Section 47Verify source

§ 48Administration of copyright - Offences by body of personsOffence

When a body of persons commits an offence directors and the secretary (for a body corporate) and partners or members (for partnerships or other unincorporated bodies) are deemed to have committed it; however a person is not to be treated as having committed the offence if they prove to the court that someone else committed it without their consent or connivance and they exercised all due diligence to prevent it.

Section Offences by body of persons Section Where an offence is committed by a body of persons— in the case of a body corporate, every director and the secretary of the body shall be deemed to have committed the offence; and in the case of a partnership or other body not being a body corporate, every partner or member shall be deemed to have committed the offence. A person shall not be taken to have committed an offence under subsection (1) if he or she proves to the satisfaction of the court that the offence for which he or she is charged was committed by some person other than himself or herself and was without his or her consent or connivance and that he or she exercised all due diligence to prevent the commission of the offence as he or she ought to have exercised in the circumstances.

Section 48Verify source

§ 49Administration of copyright - Penalties and compensationOffence

Courts may order penalties and compensation, including fines up to fifty currency points, imprisonment up to one year, recovery of money arising from the offence to the person entitled to economic rights, and forfeiture and disposal of infringing materials.

Section Penalties and compensation Section In addition to any other punishment that may be imposed by the court under this Act, the court may order— A person convicted of an offence under this Act, for which no other punishment is provided, is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both. that all sums of money arising out of the offence and received by the offender be accounted for by the offender and paid to the person entitled to the economic rights under this Act; and that all reproductions, duplication, translation, extracts, imitations and all other materials involved in the infringement be forfeited and disposed of as the court may direct.

Section 49Verify source

§ 50Administration of copyright - Proof of factsProvision

Lists facts that an affidavit, affirmation or other oath made before an authorised person may state to prove copyright-related facts (owner/successor, subsistence of rights, nationality, place and date of first publication, publication in Uganda, identity of owner, and that an exhibited copy is true).

Section Proof of facts Section An affidavit, affirmation or other oath made before a magistrate, commissioner for oaths or other person authorised to administer an oath or affirmation under the law of the country where the oath was made, which— states all or any of the following— purports to have been made by or on behalf of the owner of the copyright or successor in title; and that at the time of the affidavit, oath or affirmation the rights of the owner of the copyright work subsisted; the nationality of the work of the copyright; the place where the work was first made; the date and place for first publication of the work and the date of publication in Uganda, if such publication was not the first publication ; that the person named in affidavit, oath or affirmation is the owner of the copyright or successor in title; that a copy of the work exhibited to the affidavit, oath or affirmation is a true copy of the work,

Section 50Verify source

§ 51Administration of copyright - Other inspectorsProvision

The Registrar may authorise members of the Uganda Registration Services Bureau or staff of a collecting society to act as inspectors under this Act.

Section Other inspectors Section In addition to inspectors appointed under section 40 , the Registrar may authorise any member from the Uganda Registration Services Bureau or any staff of a collecting society to perform the functions of an inspector under this Act.

Section 51Verify source

§ 52Administration of copyright - Entry into premisesProvision

An inspector may, subject to this section and on production of a certificate of authority, enter any premises, ship, aircraft or vehicle at any reasonable time to ascertain contraventions of the Act.

Section Entry into premises Section Subject to the provisions of this section, an inspector may, at any reasonable time and on production of the certificate of authority enter any premises, ship, aircraft or vehicle for the purpose of ascertaining whether there is or has been, on or in connection with those premises, ship, aircraft or vehicle any contravention of this Act.

Section 52Verify source

§ 53Administration of copyright - Mode of inspection of premisesOffence

Inspectors may inspect premises and seize items to ascertain contraventions; persons must not obstruct or refuse assistance; inspectors must notify the person when a seized work is taken.

Section Mode of inspection of premises Section For the purpose of ascertaining whether there is or has been a contravention of this Act, an inspector may inspect— Any person who— any substance or article appearing to be a work; any container or package appearing to be used or intended to be used to contain any work; or any place, plant or equipment appearing to be used or intended to be used in connection with the production, reproduction or otherwise manufacture of a work. An inspector may seize and detain any substance or article which he or she has reasonable cause to believe to be an infringing of a copyright in any work or in relation to which or by means of which there is reasonable cause to believe that an offence under this Act has been or is being committed, and any document which he or she has reasonable cause to believe to be a document which may be required in proceedings under this Act. Where an inspector seizes any work, the inspector shall notify in writing the person from whom it is seized the fact of that seizure and shall in that notification specify the item seized. willfully obstructs an inspector in the discharge of the inspector’s duties; willfully fails to comply with any requirement properly made to that person by an inspector; without reasonable cause fails to give to the inspector any assistance or information which the inspector may reasonably require for the purpose of the performance of the inspector’s duties under this Act; or makes any statement which that person knows to be false or which that person does not believe to be true,

Section 53Verify source

§ 54Administration of copyright - Inspectors not personally liableProvision

Inspectors are not personally liable for acts done in good faith while performing duties under the Act.

Section Inspectors not personally liable Section An inspector shall not be personally liable in respect of any act done in good faith in the execution of any duty under this Act.

Section 54Verify source

§ 55Administration of copyright - Suspension of release by customs authoritiesProvision

Section Suspension of release by customs authorities Section A rights owner, who has reasonable grounds for suspecting that the importation of pirated goods may take place, may lodge an application in writing with the Commercial Court for the suspension of the release into free circulation of such goods. A rights owner initiating the procedures under subsection (1) shall be required to provide adequate evidence to satisfy the court that there is prima facie infringement of the copyright and to supply a sufficiently detailed description of the goods to make them readily recognisable by the customs authorities.

Section 55Verify source

Part VII

Collecting societies

§ 56Collecting societies - Collecting societies to be registeredOffence

Collecting societies must not operate in Uganda without a registration certificate issued by the Registrar of Companies; operating without one is an offence punishable by a fine not exceeding one hundred currency points or imprisonment for a term not exceeding two years, or both. The Registrar must not register another society for the same bundle of rights and category of works where an existing licensed society satisfactorily functions for its members.

Section Collecting societies to be registered Section A collecting society shall not operate in Uganda without a registration certificate issued by the Registrar of Companies. The Registrar of Companies shall not register another society in respect of the same bundle of rights and category of works if there exists another society that has already been licensed and functions to the satisfaction of its members. Any person operating as a collecting society or causing any society or body to operate as a collecting society without a registration certificate commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding two years, or both.

Section 56Verify source

§ 57Collecting societies - Qualifications for registrationProvision

The Registrar may register as a collecting society any society or body whose main object is promoting the economic and social interests of members by defending their copyright and neighbouring rights.

Section Qualifications for registration Section The Registrar may register as a collecting society any society or body which has for its main object the promotion of the economic and social interests of its members through defending their copyright and neighbouring right interests and whose function or other objects include any of the following— in cooperation with other relevant bodies and organisations, to promote and encourage creativity in the artistic, literary and scientific fields in Uganda; to promote and carry out public awareness on copyright and neighbouring rights ; to pay the royalties to its members who are the appropriate beneficiaries; to make reciprocal agreements with foreign societies or other bodies of authors or neighbouring rights owners for the issue of authorisations in respect of their members’ works and for the collection and distribution of copyright fees deriving from those works; to help in the preparation of its members standard forms of contract for the benefit and use of its authors and neighbouring rights owners, and to act as an intermediary for the conclusion of contracts between its members and the users of their works; to foster harmony and understanding between its members with the users of their works as is necessary for the protection of their economic rights ; to provide its members or other persons in need of it, with information on all matters relating to copyright and neighbouring rights and to give advice and keep its members informed about their rights and interests; to act as agent for its members in relation to their copyright and neighbouring rights interests; or to do any act necessary in relation to the copyright and neighbouring rights and interests of its members.

Section 57Verify source

§ 58Collecting societies - Conditions for registrationProvision

The Registrar must not register a society unless the Registrar is satisfied the society can promote members’ interests and discharge its functions, has at least thirty qualified members, and is incorporated under the Companies Act.

Section Conditions for registration Section The Registrar shall not register a society unless— the Registrar is satisfied that the society is capable of promoting its members’ interests and of discharging its functions and objectives; it consists of at least thirty persons all of whom are, according to its articles and rules, qualified to be members; the society is incorporated under the provisions of the Companies Act.

Section 58Verify source

§ 59Collecting societies - Application for registrationProvision

An application for registration of a collecting society must be signed by at least thirty members; the application must include specified documents and the Registrar may require further information.

Section Application for registration Section An application for registration of a collecting society shall be made to the Registrar in a prescribed form and shall be signed by at least thirty members of the society. The application shall be accompanied by three copies of the proposed articles and rules of the society, a copy of the certificate of registration as a non-governmental organisation and such other information as the Registrar may require.

Section 59Verify source

§ 60Collecting societies - Registration of society on probationProvision

If the Registrar is satisfied that a society meets legal requirements and its rules are not contrary to the Act, the Registrar must register the society and its rules on probation for up to eighteen months; at the end of that period, if not satisfied, the Registrar may cancel the registration or extend probation by up to six months.

Section Registration of society on probation Section If the Registrar is satisfied that a society has complied with all le requirements under this Act and regulations made under this Act and that its proposed articles and rules are not contrary to the provisions of this Act, the Registrar shall register the society and its articles and rules on probation for a period not exceeding eighteen months. If at the expiration of the probationary period the Registrar is not satisfied with the performance of the society, the Registrar may either cancel the registration or extend the probationary period by a period not exceeding six months; and if after the extension the Registrar is still not satisfied with the performance of the society, the registration shall be cancelled. On registration of a society on probation, a trust under the names of the society shall be established and the executive body of the society shall be established as the board of trustees of the society for the period of the probation.

Section 60Verify source

§ 61Collecting societies - Indication of probationary registrationProvision

A society registered on probation must state on all receipts, letterheads, notices, advertisements and other official publications that it is registered probationary, and must display this on a signboard outside its premises or office.

Section Indication of probationary registration Section A society which is registered on probation shall state in legible letters in all its receipts and letterheads, notices, advertisement or other official publications, that it is registered probationary and shall indicate the same on a signboard in a conspicuous position outside any premises or office in which it carries on its business.

Section 61Verify source

§ 62Collecting societies - Cancellation of registrationProvision

The Registrar may cancel a society's probationary registration by written notice to the person running the society; once the notice is served the society must cease to be a registered society.

Section Cancellation of registration Section At any time during the period of registration of a society on probation, the Registrar may, by notice in writing to the person responsible for running the society, cancel the probationary registration of the society stating reasons for the cancellation and the society shall, from the date of service of the notice, cease to be a registered society. The cancellation referred to in subsection (1) shall be published in the Gazette and in at least one of the prominent newspapers in Uganda.

Section 62Verify source

§ 63Collecting societies - Full registration of societyProvision

If, at the end of the probation, the Registrar is satisfied with the society's functioning, the Registrar shall fully register the society as a collecting society.

Section Full registration of society Section Where at the end of the probation the Registrar is satisfied with the functioning of the society, the Registrar shall fully register the society as a collecting society. A society shall, on full registration, become a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold movable and immovable property of every description, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purpose of its operations. If the Registrar is satisfied that a society’s original certificate of registration has been lost or destroyed, the Registrar may issue a duplicate certificate. All assets, rights and liabilities vested in the board of trustees of the society during the period of the registration on probation shall vest in the society as a body corporate.

Section 63Verify source

§ 64Collecting societies - Qualification for membership of societyProvision

Only persons (not societies, companies or certain unincorporated bodies) who are resident in Uganda qualify for membership; members cannot exercise member rights unless they have paid the required membership fee; each member has one vote only.

Section Qualification for membership of society Section In order to be qualified for membership of a registered society, a person, other than a registered society or a company incorporated under the Companies Act or an unincorporated body of persons permitted to become a member shall be resident in Uganda. A person of a registered society shall not exercise any of the rights of a member unless that person has paid the required membership fee. Each member of a registered society shall have one vote only as a member in the affairs of the registered society.

Section 64Verify source

§ 65Collecting societies - Address of societyProvision

Every registered society must have a registered address, notify the Registrar of any change within one month, and display its name and address on a signboard outside its place of business.

Section Address of society Section Every registered society shall have a registered address to which notices and communications may be sent, and shall notify the Registrar on every change in its registered address within one month of the change. Every registered society shall display its name and address on a signboard in a conspicuous position outside its place of business.

Section 65Verify source

§ 66Collecting societies - Amendment of articles and rules of registered societyAmendment

A registered society may amend its articles and rules (including its name); amendments are not valid until registered; the Registrar registers amendments that are not contrary to the Act and issues a certified copy which is conclusive evidence; a change of name does not affect rights or pending proceedings; the Registrar may require or, after hearing, make and register necessary amendments and issue certified copies; amendments made by the Registrar take effect from registration; societies may appeal to the Minister within two months of issue of the certified copy; a member may appeal against a refusal to register an amendment.

Section Amendment of articles and rules of registered society Section A registered society may amend its articles and rules including the name of the society. An amendment under subsection (1) shall not be valid until it is registered with the Registrar. If the Registrar is satisfied that an amendment is not contrary to the provisions of this Act, the Registrar shall register the amendment. An amendment which changes the name of a registered society shall not affect any right or obligation of the society or any of its members or past members, and any legal proceedings pending may be continued by or against the society under its new name. When an amendment of the articles or rules of a registered society is registered, the Registrar shall issue a certified copy of the amendment to the society which certified copy shall be conclusive evidence that the amendment has been duly registered. Where it appears to the Registrar that an amendment of the articles or rules of a society is necessary or desirable in the interest of the society, the Registrar may call upon the society to make the amendment within a specified period. If the society fails to make the amendment under subsection (6) within the time specified, the Registrar may, after giving the society an opportunity of being heard, make and register the amendment, and issue to the society a certified copy of the amendment. With effect from the date of registration of an amendment under subsection (7) , the articles or rules of a society shall be deemed to have been duly amended and the articles or rules as amended shall be binding on the society and its members. A society aggrieved by any amendment of its articles or rules made under subsection (7) may appeal to the Minister against the amendment within two months of the date of the issue of the certified copy of the amendment. A member of a registered society may appeal to the Minister , in writing, against any refusal by the Registrar to register any amendment to the articles or rules of the society.

Section 66Verify source

§ 67Collecting societies - Act, etc. to be kept and list of members open for inspectionProvision

Every registered society must keep a copy of the Act, its regulations and its articles or rules, and must keep a list of members available for public inspection at its office during business hours free of charge.

Section Act, etc. to be kept and list of members open for inspection Section Every registered society shall keep a copy of this Act and of the regulations made under this Act and of its articles or rules and shall have a list of its members open to inspection by any person, free of charge, at all reasonable times during business hours at the office of the society.

Section 67Verify source

§ 68Collecting societies - Voluntary amalgamation of societiesProvision

Two or more registered societies may amalgamate into a single society with the prior approval of the Registrar, subject to specified procedural requirements (calling a general meeting, 15 days clear notice to members, and a two‑thirds preliminary resolution).

Section Voluntary amalgamation of societies Section An amalgamation referred to in subsection (1) shall not take place unless— Any two or more registered societies may, with the prior approval of the Registrar , amalgamate into a single society. a general meeting of each of the societies has been called; each member of the society has had a clear notice of fifteen days of the meeting; and a preliminary resolution has been passed by a two-thirds majority of the members present at the meeting for the amalgamation. An amalgamation of registered societies into one society under this section may be effected without dissolution of the societies concerned or a division of the assets and liabilities of the amalgamated societies and a resolution of the society passed for the amalgamation shall be sufficient for the transfer of the assets and liabilities of the amalgamated societies to the new society.

Section 68Verify source

Part VIII

General

§ 78General - Settlement of disputesProvision

Defines disputes about the operations of a registered society as those arising among members or past members; between a member, past member, other person (including a deceased member) and the society, its committee or any officer or past officer; between the society or its committee and any officer or past officer; or between the society and any other registered society.

Section Settlement of disputes Section A dispute regarding the operations of a registered society which arises— among the members or past members; between a member, past member or other person not being a member, or deceased member, and the society, its committee or any officer or past officer of the society; between the society or its committee and any officer or past officer of the society; or between the society and any other registered society,

Section 78Verify source

§ 79General - Remuneration of officersOffence

Officers or members of a registered society must not receive remuneration from the society unless the society has, after consultation with the Registrar, approved the expenditure at a general meeting; the society may consent to payment from other persons in special circumstances after consultation with the Registrar; contravention is an offence punishable by a fine not exceeding twenty currency points or imprisonment for a term not exceeding two years, or both.

Section Remuneration of officers Section No officer or member of a registered society shall receive any remuneration, salary, commission or other payment from the society for services rendered to the society, unless the society has, after consultation with the Registrar , by resolution passed at a general meeting of the society approved the expenditure in the estimates of the society for the financial year. No officer or member of a registered society shall receive any remuneration, salary, commission or other payment from any person other than the society in respect of any business or transaction entered into by the society, but in special circumstances the society may, after consultation with the Registrar , by a resolution passed at a general meeting of the society, consent to such remuneration, salary, commission or other payment being made. Any officer or member of a registered society who pays out or receives any remuneration, salary, commission or other payment in contravention of subsection (1) or (2) , commits an offence and is liable, on conviction, to a fine not exceeding twenty currency points or to imprisonment for a term not exceeding two years, or both.

Section 79Verify source

§ 80General - Reciprocal protectionProvision

Non‑citizen or non‑resident copyright and neighbouring rights owners are entitled to protection under the Act if the work was first published in a country that is either a member of the organisations in Part I of Schedule 2 or a signatory to the convention in Part II of Schedule 2.

Section Reciprocal protection Section A copyright or neighbouring rights owner who is not a citizen or resident of Uganda shall be protected under this Act if the work was first published in a country which is— a member of any of the organisations specified in Part I of Schedule 2 to this Act; or a signatory to the international convention specified in Part II of Schedule 2 to this Act.

Section 80Verify source

§ 81General - RegulationsOffence

The Minister may make regulations (on the Registrar's recommendation and after consulting collecting societies) to implement this Act and may include detailed prescriptions (forms, procedures, audits, fees, returns, etc.) and may allow regulations to set penalties up to twenty currency points or six months' imprisonment, or both.

Section Regulations Section In particular and without prejudice to the generality of subsection (1) , regulations may— The Minister may, on the recommendation of the Registrar , and after consultation with the collecting societies, make regulations generally for better carrying into effect the provisions of this Act and to prescribe or provide for anything required or authorised to be prescribed or provided under this Act. prescribe the forms to be used to apply for registration; prescribe the procedure for a society to apply for registration; regulate the manner in which funds may be raised by means of shares or debentures or otherwise; provide for audit of the accounts and books to be kept by a society and the charges if any to be made for such audit; provide for the form of the final accounts and the balance sheet to be prepared annually and any other statements and schedules relating to them; prescribe the procedure to be followed in appeals to the Minister ; provide for the returns to be submitted to the Registrar by registered societies; prescribe the fees to be paid on application for registration and for other services provided by the Registrar ; and prescribe anything that may be necessary for the better functioning of the societies. Regulations made under this section may prescribe as penalties for the contravention of the regulations a fine not exceeding twenty currency points or a term of imprisonment not exceeding six months, or both.

Section 81Verify source

§ 82General - Power to amend ScheduleAmendment

The Minister may, by statutory instrument, amend Schedule 1 (in consultation with the Minister responsible for finance) and may, by statutory instrument, amend Schedule 2.

Section Power to amend Schedule Section The Minister may, by statutory instrument, in consultation with the Minister responsible for finance, amend Schedule 1 to this Act. The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Section 82Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act The Act
Section 1
Companies Act
Section 58

N–S

2 instruments

Registrar under this Act
Section 40
Schedule 1 to this Act
Section 82

T–Z

2 instruments

Uganda Registration Services Bureau or staff of a collecting society to act as inspectors under this Act
Section 51
Uganda shall be protected under this Act
Section 80

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Copyright and Neighbouring Rights Act

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