Copyright and Neighbouring Rights Act

Section Application of Act Section This Act applies to any work, including work created or published before the commencement of this Act, which has not yet fallen into the public domain where the work is— created by a citizen of Uganda or a person resident in Uganda; first published in Uganda, irrespective of the nationality or residence of the author ; created by a person who is a national of or resident in a country referred to in section 80 ; or first published in a country referred to in section 80 .

Section Interpretation Section 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...

Section Right of co-author Section Where work is created by more than one person and no particular part of the work is identified to have been made by each person, such that the work is indistinguishable, all the authors shall be co-owners of the economic rights and the moral rights relating to that work and the co-owners shall have equal rights in that work.

Section Fine art works to have inalienable right in proceeds of sale Section The author of an applied or fine art work shall have an inalienable right to share in the proceeds of each sale of that work by public auction, through a dealer or by whatever means. The right to share in the proceeds referred to in subsection (1) shall not include auction for fundraising purposes.

Section Author entitled to copyright protection Section The author of any work specified in section 4 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. The protection of the work of the author under subsection (1) shall not be subject to any formality. For the purpose of this section, a work is original if it is the product of the independent efforts of the author .

Section Work eligible for copyright Section The following literary, scientific and artistic works are eligible for copyright— Derivative works such as— articles, books, pamphlets, lectures, addresses, sermons and other works of a similar nature; dramatic, dramatic-musical and musical works; audiovisual works and sound recording , including cinematographic works and other work of a similar nature; choreographic works and pantomimes; computer programmes and electronic data banks and other accompanying materials; works of drawing, painting, photography, typography, mosaic, architecture, sculpture, engraving, lithography and tapestry; works of applied art, whether handicraft or produced on industrial scale, and works of all types of designing; illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science; derivative work which by selection and arrangement of its content, constitute original work; and any other work in the field of literature, traditional folklore and knowledge, science and art in whatever manner delivered, known or to be known in the future. translations, adaptations and other transformations of pre-existing...

Section Ideas not protected Section Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.

Section Public benefit works not protected Section The right to protection of copyrights under this Act shall not extend to the following works— an enactment including an Act, Statute, Decree, statutory instrument or other law made by Parliament or other authorised body; decree, order or other decision by a court of law for the administration of justice and any official translations from them; a report made by a committee or commission of inquiry appointed by Government or any agency of Government; news of the day namely reports of fresh events or current information by the media whether published in a written form, broadcast , internet or communicated to the public by any other means. The Government shall be the trustee for the public benefit of the works specified in subsection (1) .

Section Employed authors and works for government or international bodies Section Where a person creates a work— in the course of employment by another person; on commission by another person or body, Where a person creates work under the direction or control of the Government or a prescribed international body, unless agreed otherwise, the copyright in respect of that work shall vest in the Government or international body. Vesting of copyright referred to in subsections (1) and (2) shall apply only to work created within the stipulated schedule of work of an employee. The moral right in a work made under this section shall always remain with the actual author of the work.

Section Economic rights of author Section The owner of a protected work shall have, in relation to that work, the exclusive right to do or authorise other persons to do the following— to publish, produce or reproduce the work; to distribute or make available to the public the original or copies of the work through sale or other means of transfer of ownership; to perform the work in public; to broadcast the work; to communicate the work to the public by wire or wireless means or through any known means or means to be known in the future, including making the work available to the public through the internet or in such a way that members of the public may access the work from a place and at a time individually chosen by them; where the work is a pre-existing work, to make a derivative work ; to commercially rent or sell the original or copies of the work; in relation to that work, to do any act known or to be known in the future; or to reproduce transcription into braille which is accessible to blind persons.

Section Moral rights of author Section The author of any work protected by copyright shall have a moral right — to claim authorship of that work, except where the work is included incidentally or accidentally in reporting current events by means of media or other means; to have the author ’s name or pseudonym mentioned or acknowledged each time the work is used or whenever any of the acts under section 8 is done in relation to that work, except where its not practicable to do so; and to object to, and seek relief in connection with any distortion, mutilation, alteration or modification of the work. The author of a work has a right to withdraw the work from circulation if it no longer reflects the author ’s convictions or intellectual concepts; and if the author does so, shall indemnify any authorised user of that work who might, in any material way, be affected by the withdrawal. The moral right under subsection (1) is not assignable to any person, except for purposes of its enforcement.

Section Duration of copyright protection Section The economic rights of an author in relation to a work are protected during the life of the author and for fifty years after the death of the author . Where the work is of joint authorship, the economic rights of the author , are protected during the life of the last surviving author and for fifty years after the death of the last surviving author . Where the economic rights in a work are owned by a corporation or other body, the term of protection shall be fifty years from the date of the first publication of the work. Where the work is published anonymously or under a pseudonym , the economic rights of the author are protected for a term of fifty years from the date of its first publication ; but where, before the expiration of the fifty years the identity of the author is known or is no longer in doubt, the economic rights shall be protected during the life time of the author and for fifty years after the death of that author . In the case of audiovisual work, sound recording or broadcast , the economic rights of the author are protected for fifty years commencing from the date of making the work or from the date the work is made...

Section Assignment of licence or transfer of copyright Section The owner of a copyright may, as if it were movable property— assign his or her economic rights in a copyright to another person; licence another person to use the economic rights in a copyright; transfer to another person or bequeath the economic rights in a copyright in whole or in parts; or transfer to any braille production unit in Uganda the economic rights in the braille translation. The assignment, licence or transfer of the economic rights in whole or in part under subsection (1) shall not include or imply the assignment, licence or transfer of the moral right. An assignment or transfer of the economic right under subsection (1) shall be in writing and signed by the owner of the right or by the agent of the owner and by the person to whom the rights are being assigned or transferred. A licence to do an act falling within a copyright may be oral, written or inferred from conduct or circumstances. An assignment or transfer of the economic right shall be limited to the use, period and country provided in the contract under subsection (3) . Where the ownership of the only copy of one of several copies of a work is a...

Section Fair use of works protected by copyright Section The fair use of a protected work in its original language or in a translation shall not be an infringement of the right of the author and shall not require the consent of the owner of the copyright where— a quotation from a published work is used in another work, including a quotation from a newspaper or periodical in the form of press summary, where— for the purposes of current information, a reproduction in the press, broadcast or communication to the public is made to— subject to conditions prescribed by the Minister , a reproduction of a literary, artistic or scientific work by a public library, a non-commercial documentation centre, a scientific institution or an educational institute if the reproduction and the copies made— In determining whether the use made of a work in any particular case is a fair use, the following factors shall be considered— the production, translation, adaptation, arrangement or other transformation of the work is for private personal use only; the quotation is compatible with fair practice; and the extent of the quotation does not exceed what is justified for the purpose of the work in which th...

Section Ephemeral recording Section A broadcasting company may, for the purpose of its own broadcast and by means of its own facilities, make an ephemeral recording of the broadcast , in one or several copies of any work which it is authorised to broadcast . No copyright shall exist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast . Subject to subsection (4) , all copies of the ephemeral recording shall be destroyed within a period of six months or longer period as may be authorised by the copyright owner. Where a recording under subsection (1) is of exceptional documentary character, a copy of the recording may be preserved for the national archives. The preservation of a copy under subsection (4) does not affect, in any way, the rights of the author in the work that was broadcast. Whether the recording of a broadcast under subsection (1) is of an exceptional documentary character is a question of fact to be determined having regard to all the circumstances and in particular to the need for the enhancement of the historical or social aspect of life in Uganda.

Section Non-exclusive licence Section Aperson who is a citizen of Uganda or who is ordinarily resident in Uganda may apply to the Minister for a non-exclusive licence— The Minister shall not grant a licence under subsection (1)(b) until the following period commencing from the date of first publication of the work in a material form has expired— Where a licence is granted under this section, the licensee shall ensure that the translation or reproduction of the work is correct and the published copies shall include— to make and publish or to cause to make and publish a translation of a work into the English, Swahili or any Ugandan language and to produce or cause to be produced copies from them; or to reproduce or cause to be reproduced a work which is published , and to publish or cause to be published in a material form the work reproduced. An application for translation shall not be issued under subsection (1)(a) until one year has expired from the date of publication of the work in a material form. Where the author of the work has withdrawn all copies of the work from circulation, no licence under subsection (1)(a) shall be granted by the Minister in respect of that work. three...

Section Scope and condition of non-exclusive licence Section A licence issued under section 16 shall— The Minister shall not issue a licence under section 16 unless— A licence issued under section 16 shall terminate— be limited to a non-exclusive right to translate the work into the language in respect of which it is granted; be limited to a non-exclusive right to reproduce the work as provided in the licence; be for the purpose of teaching, scholarship or research only; not be transferable by the licensee; and not extend to the export of copies of the work translated under the licence. the Minister is satisfied that no translation of that work into the language in question has ever been published in a material form by, or under the authority of the owner of the right of translation or that all previous editions in that language are out of print; there has never been a sale or other distribution, authorised by the owner or the agent of the owner of the reproduction right, of copies of the particular edition in Uganda to the public or in connection with systematic instructional activities, or that there has been no sale or other distribution during the immediately preceding six mont...

Section Translation for broadcasting Section A broadcasting company may apply to the Minister for a non­exclusive licence to translate published work or text of an audiovisual fixation where— the translation is to be made from a copy lawfully acquired; the translation is for a broadcast intended for teaching or for dissemination of the results of specialised technical or scientific research to experts in a particular profession by broadcast ; or the broadcast under paragraph (a) or (b) is lawfully made and is intended for reception in Uganda only. A translation under this section may be exchanged only between the departments or divisions of that licensed company. A translation made under this section shall not be used for any commercial purpose.

Section Records of copyright centres Section The Registrar shall keep up-to-date records of the copyright information centres for ease of reference or contact by the interested persons under sections 16 , 17 , 18 or other circumstance.

Section Neighbouring rights and persons entitled Section Neighbouring rights are rights attached to the auxiliary role played by performers, producers of sound recording and audiovisual and broadcasting companies through— the fulfilment of literary or artistic works; the provision of destiny and permanence in works; and the diminishing of distance in the publication of works, The neighbouring rights attached to the auxiliary role of a performer or a producer or broadcasting company does not in any way affect the copyright in a literary, scientific or artistic work from which it arose.

Section Rights of performer Section A performer shall have the right to authorise— the broadcasting or communication to the public of his or her unfixed performance except where— the fixation of his or her live performance not previously fixed on a physical medium; it is made from a previously authorised fixation ; the transmission has been authorised by a broadcasting company that transmitted the first performer ; the direct or indirect reproduction of a fixation of his or her performance in manner or form; the distribution or making available to the public of the original or copies of the fixation of his or her performance through sale or other transfer of ownership. A performer has the right to enter into contract on terms and conditions that the performer may wish for the use of the performance or fixation by another person. A performer shall have the right to authorise the commercial rental to the public of the original or copies of the fixation of his or her performance even after the distribution or making available to the public of the original or copies of the fixation by the performer . A performer shall have the right to authorise the making available to the public of th...

Section Moral rights of performer Section A performer has a right— to be identified as the performer ; to have his or her name mentioned each time the performance or the broadcast or communication of the fixation is used or whenever any of the acts referred to in section 23 is done in relation to a performance, except where it is not practicable to do so; and to object to and seek relief in connection with any distortion, mutilation, alteration or modification of his or her performance . The moral right under subsection (1) shall not be assignable to any person, except for the purpose of its enforcement.

Section Action not authorised without specific provision in contract Section Unless it is specifically provided in a contract, the authorisation to broadcast or communicate a performance does not imply— a licence to other broadcasting or companies to transmit the performance ; authorisation to make a fixation of the performance ; authorisation to reproduce the fixation where the authorisation granted is to broadcast and communicate a fixation of the performance ; authorisation to broadcast or communicate the performance from the fixation where the authorisation granted is to make a fixation .

Section Authorisation in co-performance Section Where two or more persons take part in the same performance as a group, authorisation for the use, broadcast or communication of the performance shall be given by the leader of the group or the legal representative of the group if any.

Section Duration of protection of performer Section The right of a performer under this Act shall be protected for fifty years from the date of the performance .

Section Rights of director Section A director of a performance , sound recording or audiovisual fixation has a right— to be identified as the director; to have his or her name mentioned each time a performance , sound recording or audiovisual fixation is used or whenever any acts referred to in section 23 is done in relation to the work except where it is not practicable to do so.

Section Rights of producer Section A producer of a sound recording or audiovisual fixation shall have a right to authorise the reproduction of that sound recording or audiovisual fixation . A producer of a sound recording or audiovisual fixation shall have the right to authorise the distribution or making available to the public of the original or copies of the fixation through sale or other transfer of ownership. A producer of a sound recording or audiovisual fixation shall have the right to authorise the commercial rental to the public of the original or copies of the fixation even after the distribution or making available to the public of the original or copies of the fixation by the producer . A producer of a sound recording or audiovisual fixation shall have the right to authorise making available to the public of the fixation , by wire or wireless means, in such a way that members of the public may access the fixation from a place and at a time individually chosen by them. No person shall reproduce, distribute or make available to the public a sound recording or audiovisual fixation without the authorisation of the producer under this section. For the purposes of this sectio...

Section Duty to indicate moral right information Section The producer or publisher has a duty to indicate on the book, cable of the disc or tape or the container— the name of the author and those of the main performer or performers, if any; the title of the work; the year of the cutting of the original matrix or of first publication of the book; the name, whether individual or body corporate, or distinguishing mark of the producer or publisher; and that the rights of the producer or publisher are reserved. For the purposes of subsection (1)(a) , a choir, orchestra, theatre company or author shall be referred to by the proper name and by the name of the leader, if any. The producer may indicate on the cable of the disc or tape or the container any information about the terms and conditions of use of fixation .

Section Notice of protection of producer’s rights Section Where copies of a sound recording or audiovisual fixation are made for commercial purposes, there shall be printed on the copies a notice consisting of— Where the copies of sound recording , audiovisual fixation or their containers do not identify— the symbol “©”; and the year of first publication of the sound recording or audiovisual fixation placed in a manner that gives reasonable notice of claim of protection of the rights of the producer . the producer ; the producer ’s licence in relation to that sound recording or fixation ; or the description or trademark of the producer , Where the copies of a sound recording , audiovisual fixation or their containers do not identify the principal performers, the notice shall include the name of the person who owns the rights of the performers. The coming into force of this Act shall not affect the right of any person to use, in accordance with the provisions of this Act, any fixation or reproduction made in good faith before the coming into force of this Act.

Section Remuneration for broadcasting Section Where a sound recording or audiovisual fixation published for commercial advertisement purposes, or a reproduction of that sound advertisement recording or audiovisual fixation is used directly or indirectly for broadcasting or other communication to the public , or is publicly performed, unless otherwise agreed, a single equitable remuneration for the performer or performers and the producer of the sound recording or audiovisual fixation shall be paid by the user to the producer . Unless otherwise agreed between the performers and the producer , half of the amount received by the producer under subsection (1) shall be paid to the performer or performers. Sound recording or audio visual fixation published for commercial advertisement and made available to the public by internet, wire or wireless means in such a way that members of the public may access it from a place and at a time individually chosen by them shall, for the purposes of this section, be subject to subsection (1) .

Section Rights of broadcasting company Section A broadcasting company shall have the right to authorise or prohibit— the reproduction of a fixation of its broadcasts except where— the broadcasting of its broadcast ; the fixation of its broadcasts; or the fixation used to make the broadcast is made without authorisation; or the broadcast is initially fixed in accordance with the provisions of this Act but the reproduction is made for purposes other than those specified. The rights of a broadcasting company under this section shall be protected for fifty years from the date the first broadcast takes place.

Section Producers of programme carrying signals Section A producer of a programme carrying signals transmitted through the point to point communication intellects shall have the right to authorise further transmission of the signal in Uganda or from its territory which right shall exist for fifty years from the date of publication of the programme.

Section Limitation on neighbouring rights Section The provisions of sections 23 , 26 , 27 , 28 , 29 and 32 shall not apply where the acts done are for— private use; the reporting of a current event, except that no more than short excerpts of a performance , sound recording or audiovisual performance fixation or broadcast are used; teaching science; or quotations in the form of short excerpts of a performance , sound recording , audiovisual fixation or fixation or broadcast , which are compatible with fair use and are justified by the informative purpose of the quotations.

Section Contracts to be in writing Section A contract relating to the exploitation of the rights of the author or the rights of the performer shall be in writing and signed or marked by the parties to the contract.

Section Publishing contracts Section A publishing contract made under this section may specify— Subject to section 39 , the author, his or her successor in title or agent, shall, in a publishing contract, transfer to the publisher against payment of a remuneration, the right to publish his or her work in a material form and distribute that work to the public. the period, the territory and the language for which the right is transferred; the exclusive or non-exclusive nature of the right transferred; the period within which the work of the contract is to be published which period shall not exceed eighteen months from the date of the making of the contract; the amount of the author ’s remuneration and mode of payment.

Section Public performance contracts Section A performance contract made under this section may specify— Subject to section 39 , the author, performer, successor in title or agent shall, in a public performance contract, transfer to a person or body, the right to perform in public his or her literary, dramatic, dramatic-musical or musical work against payment of remuneration. the exclusive or non-exclusive nature of the rights transferred; the period for which the right is transferred or the number of performances to be effected; the period within which the performance or performances are to be effected, which shall not exceed two years from the date of the making of the contract; the territory for which the right is transferred; the type of performance ; and the amount of the author ’s remuneration and mode of payment.

Section Broadcasting contracts Section A broadcasting contract made under this section may specify— Subject to section 39 , the author, performer, successor in title or agent shall, in a broadcasting contract, transfer to a company involved in radio or, television broadcasting or the supplier of audiovisual communication services or other form of broadcast, the right to broadcast his or her literary, dramatic, dramatic-musical or musical work against payment of remuneration. the exclusive or non-exclusive nature of the right transferred; the period for which the right is transferred or the number of times the work shall be broadcast ; the language in which the work is to be broadcast ; the territory in which the work is to be broadcast ; and the amount of the author ’s remuneration and mode of payment.

Section Voidable contracts Section A contract made under this Part which does not include any item specified in respect of the respective contract or any contract which contravenes a relevant provision of this Part is voidable.

Section Remuneration payable to author Section The remuneration to be paid to an author under this Part shall be that agreed upon by the parties in respect of— proceeds from the exploitation of the work of the authors, where practicable; or a reasonable lump sum to offset the expenses incurred by the creation of the work, plus a reasonable profit.

Section Registrar of Copyright and other officers Section The Minister may, on the recommendation of the Board of Directors of the Uganda Registration Services Bureau appoint a Registrar of Copyright. The Board of Directors of the Uganda Registration Services Bureau may appoint such number of assistant registrars, copyright inspectors and other officers as may be necessary for the efficient discharge of the duties and functions of the Registrar under this Act. The assistant registrars, copyright inspectors and other officers shall report and be subject to the direction of the Registrar .

Section Functions of Registrar Section The Registrar shall— process applications for licences to be issued by the Minister under section 16 ; register works and productions to be registered under this Act; register collecting societies; give guidance to and discipline collecting societies; register assignments, licences and transfers of copyrights; register copyright contracts relating to exploitation of rights; provide copyright and neighbouring rights information service to the public and users of copyright works; in collaboration with the collecting societies, advise Government on matters relating to copyright and neighbouring rights ; and perform any other duty or function relating to copyrights, neighbouring rights and collecting societies as may be necessary for the better functioning of this Act or as the Minister may by regulation prescribe. The Registrar ’s office shall be the National Copyright Information Centre.

Section Registration of rights Section The owner of a copyright or a neighbouring right may register the right with the Registrar for the purpose of— A holder of an assignment, licence or transfer of a copyright or neighbouring right may register the assignment, licence or transfer with the Registrar for the purpose of— keeping evidence of ownership of the right; identification of works and authors; and maintenance of record of the rights. keeping evidence of the assignment, licence or transfer of the copyright; maintenance of record of the rights; and publication of the assignment, licence or transfer. A person entering into a copyright or neighbouring right contract may register the rights in the contract. A piece of work which is creating the right shall be reduced in a material form before the owner of the right can register the right. A copy of the work or contract which is creating the right for registration shall be deposited with the Registrar for registration. On registration, the Registrar shall issue a certificate as proof of registration and one certificate may include rights in more than one piece of work. A certificate of registration of a piece of work may be receive...

Section Users of work to apply for licence Section A person who wishes to use or perform another person’s work or who causes work to be performed in public for gain shall apply to the owner or the owner’s agent for a licence to do so. The owner or agent may grant a licence and shall, in respect of any grant, charge such royalties as the owner or owner’s agent may determine to be appropriate. A licence granted under this section shall be in force for one year but may be renewed each time it expires. A person who, after the expiration of a licence continues to use, perform or cause to be performed in public for gain any work, without renewing the licence commits an offence and is liable, in addition to any other punishment under this Act, to pay not less than fifty percent of the royalties charged in respect of that work in addition to the royalties due for that particular use. The form of application and licence under this section shall be as prescribed by the Minister . A licence by an agent shall not affect the rights of the owner of the work under section 8 but where a person is licensed by an agent, the owner shall not impose extra conditions and similarly where the owner exerci...

Section Civil remedies Section A person whose rights under this Act are in imminent danger of being infringed or are being infringed may institute civil proceedings in the Commercial Court for an injunction to prevent the infringement or to prohibit the continuation of the infringement. Upon an ex parte application by a right owner, the court may in chambers make an order for the inspection of or removal from the infringing person’s premises, of the copyright infringing materials which constitute evidence of infringement by that person. The grant of an injunction under subsection (1) shall not affect the author’s claim for damages in respect of loss sustained by him or her as a result of the infringement of the rights under this Act. A person who sustains any damage because of the infringement of his or her rights under this Act may claim damages against the person responsible for the infringement whether or not that person has been successfully prosecuted. An infringement is not actionable unless the infringement involves the whole piece of work or a substantial part of the work.

Section Infringements of copyright Section Infringement of copyright or neighbouring right occurs where, without a valid transfer, licence, assignment or other authorisation under this Act a person deals with any work or performance contrary to the permitted free use and in particular where that person does or causes or permits another person to— reproduce, fix, duplicate, extract, imitate or import into Uganda otherwise than for his or her own private use; distribute in Uganda by way of sale, hire, rental or like manner; or exhibit to the public for commercial purposes by way of broadcast , public performance or otherwise. The use of a piece of work in a manner prejudicial to the honour or reputation of the author shall be deemed an infringement of the right of the owner of the right.

Section Offences and penalties Section Any person who, without the authorisation of or licence from the rights owner or his or her agent— A person who does any act to make other people believe that he or she is the author or performer of a piece of work, whether that act is— Any person commits an offence who, having reasonable grounds to know or suspect that the act will induce, enable, facilitate or conceal an infringement of a copyright or a neighbouring right, does the following— publishes, distributes or reproduces the work; performs the work in public; broadcasts the work; communicates the work to the public; or imports any work and uses it in a manner which, were it work made in Uganda, would constitute an infringement of copyright, Any person who contravenes the rights of a producer of a sound recording or audiovisual fixation , a broadcasting company or a producer of programme carrying signals commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or to imprisonment for a term not exceeding one year, or both. Where a work is communicated to the public on the premises of an occupier or by the operation of any apparatus which is p...

Section Infringement of neighbouring right Section Any person who infringes a neighbouring right of another person under this Act commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding four years, or both. The provisions of sections 44 and 46(2) to (6) shall apply to the owner of a neighbouring right.

Section Offences by body of persons Section Where an offence is committed by a body of persons— in the case of a body corporate, every director and the secretary of the body shall be deemed to have committed the offence; and in the case of a partnership or other body not being a body corporate, every partner or member shall be deemed to have committed the offence. A person shall not be taken to have committed an offence under subsection (1) if he or she proves to the satisfaction of the court that the offence for which he or she is charged was committed by some person other than himself or herself and was without his or her consent or connivance and that he or she exercised all due diligence to prevent the commission of the offence as he or she ought to have exercised in the circumstances.

Section Penalties and compensation Section In addition to any other punishment that may be imposed by the court under this Act, the court may order— A person convicted of an offence under this Act, for which no other punishment is provided, is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both. that all sums of money arising out of the offence and received by the offender be accounted for by the offender and paid to the person entitled to the economic rights under this Act; and that all reproductions, duplication, translation, extracts, imitations and all other materials involved in the infringement be forfeited and disposed of as the court may direct.

Section Proof of facts Section An affidavit, affirmation or other oath made before a magistrate, commissioner for oaths or other person authorised to administer an oath or affirmation under the law of the country where the oath was made, which— states all or any of the following— purports to have been made by or on behalf of the owner of the copyright or successor in title; and that at the time of the affidavit, oath or affirmation the rights of the owner of the copyright work subsisted; the nationality of the work of the copyright; the place where the work was first made; the date and place for first publication of the work and the date of publication in Uganda, if such publication was not the first publication ; that the person named in affidavit, oath or affirmation is the owner of the copyright or successor in title; that a copy of the work exhibited to the affidavit, oath or affirmation is a true copy of the work,