66
Copyright
No. 26
(c) distribute copies of such recording, or cause or permit
copies of such recording to the distributed, to the public, by way
of commercial hire or rental, or offer or expose copies of such
recording for such distribution;
(d) communicate such recording to the public in such manner
that members of the public may access it from a place and at a
time individually chosen by them, or permit or cause a sound
recording to be thus communicated to the public without payment
of equitable remunaration;
(e) import, or permit or cause to be imported, into Malawi
copies of such sound recording or audiovisual fixation which
have been made abroad in such circumstances that if the copies
had been made in Malawi, the reproduction would have been in
contravention of this Act, provided that the importation is made
for the purpose of making the recording available to the public;
or
(f) distribute to the public, or directly or indirectly use for
public performance, broadcast or other communication to the
public, copies of a such sound recording or audiovisual fixation
or cause or permit that copies of such recording are thus
distributed or used, if__
(i) the copies were made without the producer’s consent; or
(ii) the copies have been imported into Malawi in
contravention of paragraph (e).
Infringement
by parallel
imports
91. Any person who, without the consent of the producer,
imports into Malawi copies of audiovisual works or sound
recordings with the intention of making them available to the public
for gain, or causes or permits such imports, commits an
infringement of the rights of the producer, except when copies of the
same production are not being offered or promoted to the public in
Malawi with the consent of the producer.
Infringement
of broadcasting
organizations’
rights
92. An infringement of a broadcasting organization’s rights
occurs where, without valid transfer, licence or authorization under
this Act, a person, in respect of a broadcast protected under this Act,
does, permits or causes another person to__
(a) make a fixation of such broadcast, or permit or cause a
fixation of such broadcast to be made;
(b) reproduce, fix, duplicate or extract a fixation of such
broadcast, or permit or cause such fixation to be reproduced,
fixed, duplicated or extracted;
(c) rebroadcast such broadcast, or retransmit it by cable, or