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.