Page:Copyright Act 1978 from Government Gazette.djvu/4

GOVERNMENT GAZETTE, 30 JUNE 1978

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programme-carrying signals, means any operation by which a distributor transmits derived signals to the general public or any section thereof; (xliv)

“distributor”, in relation to programme-carrying signals, means the person who decides that the transmission of the derived signal to the general public or any section thereof shall take place; (xliii)

“dramatic work” includes a choreographic work or entertainment in dumb show, if reduced to the material form in which the work or entertainment is to be presented, but does not include a cinematograph film as distinct from a scenario or script for a cinematograph film; (vii)

“drawing” includes any diagram, map, chart or plan; (xxxvii)

“emitted signal” means a programme-carrying signal which goes to or passes through a satellite; (xxxix)

“engraving” includes any etching, lithograph, woodcut, print or similar work, but does not include a photograph; (xi)

“exclusive license” means a licence authorizing a licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would, apart from the licence, be exercisable exclusively by the owner of the copyright; and “exclusive licensee” shall be construed accordingly; (xlii)

“infringing copy”, in relation to—

a literary, musical or artistic work, means a reproduction thereof;

a sound recording or a substantial part thereof, means a record embodying that recording;

a cinematograph film, means a copy of the film; and

a broadcast, means a cinematograph film of it or a copy of a cinematograph film of it or a sound recording of it or a record embodying a sound recording of it or a still photograph or an individual image or a copy of a still photograph,

being in any such case an article the making of which constituted an infringement of the copyright in the work, recording, cinematograph film or broadcast or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in the Republic; (xxxv)

“judicial proceedings” means proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath; (x)

“licence” means a licence granted by or on behalf of the owner or prospective owner of the copyright in a literary, musical or artistic work or in a sound recording or a broadcast, being—

in the case of a literary or musical work, a licence to publish the work in a material form or to perform the work or an adaptation thereof in public or to broadcast it or to record it or to cause it to be transmitted in a diffusion service;

in the case of an artistic work, a licence to include it or an adaptation thereof in a cinematograph film or in a prerecorded or live television broadcast or to cause the work or an adaptation thereof to be transmitted in a diffusion service;

in the case of a sound recording, a licence to make a record embodying it; and

in the case of a broadcast, a licence to rebroadcast it, to record it or to cause it to be transmitted in a diffusion service; (xix)

“licence scheme”, in relation to licences of any description, means a scheme prepared by one or more licensing bodies, setting out the classes of cases in which they are willing or the person on whose behalf