Copyright and Neighbouring Rights (Amendment) Act

by inserting the following definitions in their appropriate alphabetical order- ""accessible format copy" means a copy of work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without visual impairment or other print disability;

is blind;

has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or (c) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading, regardless of any other disabilities; "broadcasting" means the transmission by wire or wireless means for public reception of sounds or images or both or the representations thereof, and includes transmission by satellite and transmission of encrypted signals where the means of decrypting are provided to the public by the broadcasting organisation or with its consent;

musical expressions, such as but not limited to songs and instrumental music; (c) expressions by movement, including dances, choreography plays, rituals and other performances, whether or not reduced to a material form; and

tangible expressions, such as productions of art, in particular, drawings, designs, paintings, including body painting, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, basketry, needlework, textiles, glassware, carpets, costumes, handicrafts, musical instruments, and architectural forms; "orphan works" means works protected by copyright but whose author or copyright owner cannot be found, identified or is unknown;

any other entity that processes or stores computer data on behalf of such communication service or users of such service;";

by substituting for the definition of "performance", the following- ""performance" means a presentation of any actors, singers, musicians, dancers or other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary, dramatic, musical or artistic works or expressions of works of folklore, which is a live performance given by one or more individuals, and includes a performance of a variety act or any similar presentation;"; and

by substituting for the definition of"sound recording" the following- ""sound recording" means a fixation of sounds, or of the representations thereof, from which the sounds are capable of being reproduced, regardless of the medium on which the recording is made, or the method by which the sounds are reproduced;".

in subsection (1), by inserting immediately after paragraph (i), the following- "(ia) novels, stories or poetic work;

plays, stage directions or broadcasting scripts;

textbooks, histories, biographies or essays;

encyclopedias, dictionaries, directories or anthologies; and (ie) letters, reports or memoranda;"; and

in subsection (2), by substituting for paragraph (a), the following- "(a) translations, adaptations and other transformations of expressions of folklore or pre-existing works under subsection (1); and". Section 12 of the principal Act is amended by repealing subsections (6) and (7).

by substituting for the headnote, the following- "Assignment, licence or transfer of copyright";

by substituting for subsection (4), the following- "(4) A contract of assignment, licence or transfer to do an act falling within a copyright shall be in writing."; and (c) by inserting immediately after subsection (7), the following- "(8) A contract of assignment, licence or transfer made under this section shall be registered with the Registrar within sixty days from the date of signing the contract, and failure to register the contract in accordance with this subsection shall render the contract voidable. (9) The contract of assignment, licence or transfer shall take the form of a note or memorandum which shall contain all the terms of the contract including-

the date on which the contract was executed; (b) the amount of the remuneration to the parties and the mode of payment; (c) the duties and obligations of the parties; (d) the rights of exploitation or use conferred on the party; and (e) any other term as the parties may agree. (10) A contract of assignment, licence or transfer of economic rights which does not comply with the requirements of this section shall not be registered by the Registrar.

circumvent effective technological protection measures; or (b) produce, import, distribute, sell, rent, advertise for sale or rental, or possess devices, products, components or services for commercial purposes that-

for a beneficiary person."

by substituting for paragraph (k), the following- "(k) any work that is transcribed into braille, sign language or any other accessible format copies for cross border exchange or use by beneficiary persons other than for commercial use;"; and

by inserting immediately after paragraph (k), the following- "(1) the work is used in an online learning environment by an education institution, library, archive or museum."

by inserting immediately after subsection (1), the following- "(la) The remuneration referred to in subsection (1) shall be paid through a payment system established under the National Payment Systems Act.

The Registrar shall for the purposes of this section monitor the use of a sound recording or audio-visual fixation for commercial advertisement purposes or for broadcasting or other communication to the public and submit periodic reports to the Minister."

the date on which the contract was executed; (b) the amount of the remuneration to the parties and mode of payment; (c) the duties and obligations of the parties; (d) the rights of exploitation or use conferred on the party; and (e) any other term as the parties may agree. (4) A contract to exploit an author's rights or a performer's rights which does not comply with the provisions of this section shall not be registered by the Registrar."

operator, including a telecommunication operator, thirty-one and five points percent (31.5%); and

aggregator and any other person involved, eight and five points percent (8.5%). (3) The remuneration to be paid under subsection (2) shall be computed on the net revenue earned by the person exploiting the works of the author or performer as caller ring back tone after payment of any applicable taxes. (4) A contract for exploiting the works of the author or performer as callerring back tone in existence before the commencement of this Act shall continue in existence as if the same was made under this Act, except that the remuneration under the contract shall be the rate prescribed under subsection (2). (5) The remuneration referred to under subsection (2) shall be paid through a payment system established under the National Payment Systems Act. (6) The Minister may, by notice published in the Gazette, revise the rates specified in subsection (2)."

in subsection (1), by inserting immediately after paragraph (h), the following- "(ha) exercise quasi-judicial powers under this Act to hear and settle disputes or complaints relating to registration of contracts for the exploitation of copyright of works, registration of copyright and disputes related to management of collecting societies; (hb) keep and maintain a register of copyright and neighbouring rights and determine the mode of registration of the copyright; (he) amend or rectify any information on the register; and (hd) issue and enforce any orders of the Registrar made under this Act;"; (b) by inserting immediately after subsection (2), the following- "(3) The Registrar shall not exercise the function under subsection (1) (ha) where the dispute is before court. (4) A person aggrieved by the decision of the Registrar may appeal to the High Court. (5) The Minister may, by regulations, prescribe the procedure for receiving and settling disputes or complaints between copyright holders, collecting societies and users of registered copyright works."

in subsection (1), by substituting for the words "one hundred currency points or to imprisonment for a term not exceeding four years", the words "two thousand five hundred currency points or to imprisonment for a term not exceeding ten years"; (b) in subsection (1) (e), by deleting the words "were it work made in Uganda,";

in subsection (2), by substituting for the words "twenty- five currency points or to imprisonment for a term not exceeding one year", the words "two thousand currency points or to imprisonment for a term not exceeding seven years"; and

in subsection (4), by substituting for the words "fifty currency points or to imprisonment for a term not exceeding one year", the words "two thousand currency points or to imprisonment for a term not exceeding seven years".

in subsection (3), by inserting immediately after the word "work", the words "suspected of being infringing";

in subsection (4), by substituting for the words "one hundred currency points or to imprisonment for a term not exceeding two years", the words "two thousand five hundred currency points or to imprisonment for a term not exceeding ten years";

by inserting immediately after subsection (4), the following- "(5) The costs incurred by the inspector or Registrar under subsection (2) relating to seizure, storage or destruction shall be met by the person convicted under this Act."

in subsection (1), by substituting for the words "Commercial Court", the words "High Court"; and

by inserting immediately after subsection (2), the following- "(3) The adequate evidence referred to in subsection (2) may include a certificate of registration."

A group of persons who intend to operate as a collecting society shall apply to the Registrar for registration in accordance with this Act.

a copy of the constitution specifying the objectives of the society as specified under section 57 ;

evidence of payment of the prescribed fees;

proof of search and reservation of name with the registrar of companies; and (d) any other document as the Minister may determine by regulations.

by inserting immediately after paragraph (b), the following- "(ba) to collect royalties or any other entitlement from use of copyright or neighbouring rights to its members or any other owner;

in consultation with its members, to prescribe fees for accessing copyright works owned by its members;";

by substituting for paragraph (c), the following- "(c) to pay royalties to its members or to any other owner of a copyright or neighbouring right who is the appropriate beneficiary;"; and

by inserting immediately after the word "member", wherever the word appears, the words "or any other person entitled to a benefit".

in subsection (4), by deleting the words "in consultation with the executive committee";

by inserting immediately after subsection (4), the following- "(4a) The caretaker manager appointed under subsection (4) shall be appointed on the same terms and conditions as the executive officer who has been suspended."

by numbering the current provision as subsection (1);

by inserting immediately after subsection (1), the following- "(2) For the avoidance of doubt, the protection referred to under subsection (1) shall include-

prosecuting any person contravening any of the provisions of this Act, regardless of whether the owner of the copyright or neighbouring right has filed a complaint; and (b) the right of the Registrar or collecting society to enforce the provisions of this Act on behalf of the owner of the copyright or neighbouring right."

in Part I, by repealing items 1, 2 and 3;

by substituting for Part II, the following- "Part II-International Conventions