The accused persons were selling or displaying, for sale, copied compact discs and so called DVDs, resulting in their arrest and prosecution for "selling or hiring" (in respect of Moyo) and possession (in respect of Tshaba) infringed copies of DVDs and CDs, in contravention of section 59 of the Copyright ...
The accused persons were selling or displaying, for sale, copied compact discs and so called DVDs, resulting in their arrest and prosecution for "selling or hiring" (in respect of Moyo) and possession (in respect of Tshaba) infringed copies of DVDs and CDs, in contravention of section 59 of the Copyright and Neighbouring Rights Act [Chapter 26:05].
This is a novel prosecution in this region for the protection of the creations of the human mind. This is a welcome development in our jurisdiction where copyright infringement is very rife but enforcement is extremely low.,. Intellectual property rights infringement has to be curbed with zeal and determination. Having said so, I should hasten to say that such battle has to be within the confines of our procedural law.
This then brings me to the procedural flaws in these two cases. In order to enhance the appreciation of the offences the accused persons were facing, I propose to cite section 59 of the Copyright and Neighbouring Rights Act [Chapter 26:05] which creates the offences. Section 59 of the Copyright and Neighbouring Rights Act [Chapter 26:05] provides:
"(1) Any person shall be guilty of an offence, at a time when copyright subsists in a work, he does any of the following things in Zimbabwe without authority of the owner of the copyright in the work-
(a) In relation to an article which is an infringing copy and which the person knows or has reason to believe is an infringing copy-
(i) He makes it; or
(ii) Otherwise than for his personal and private use, imports it into Zimbabwe or exports it from Zimbabwe; or
(iii) In the course of business, he possesses it or exhibits it in public or distributes it; or
(iv) He sells it or lets it for hire or offers or exposes it for sale or hire; or
(v) Otherwise than in the course of business, he distributes it to such an extent that the owner of the copyright is prejudicially affected;
(b) In relation to an article which is specifically designed or adopted for making copies of the work and which the person knows or has reason to believe is to be used for that purpose-
(i) He makes it; or
(ii) He imports it into Zimbabwe or exports it from Zimbabwe; or
(iii) He possesses it in the course of business; or
(iv) He sells it or lets it for hire or offers or exposes it for sale or hire.
(2) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and the performances constitute an infringement of the copyright, shall be guilty of an offence.
(3).,.
(4).,.
(5) A person guilty of an offence under this section shall be liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or both such fine and such imprisonment in respect of each article to which this offence relates."
