Copyright (Prohibited Importation) Act

Jurisdiction
Eswatini
Citation
Act 35 of 1918
Date
1 December 1998
Language
English
Type
Legislation
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eSwatini

Copyright (Prohibited Importation) Act

Act 35 of 1918

  • Commenced on 20 September 1918
  • [This is the version of this document at 1 December 1998.]
An Act to make provision for the operation within Swaziland of section 14 of the Copyright Act, 1911, of the United Kingdom.

1. Short title

This Act may be cited as the Copyright (Prohibited Importation) Act.

2. Giving of notice

(1)The notice prescribed by section 14(1) of the Copyright Act, 1911 of the United Kingdom shall be given to the Prime Minister:Provided that such notice may instead of being so given be given to the Commissioners of Customs and Excise of the United Kingdom and if so given and communicated by the said Commissioners to the Prime Minister shall be deemed to have been given to the Prime Minister.
(2)The Minister for Commerce, Industry and Mines may in respect of any copies imported into Swaziland in contravention of section 14 of the said Act exercise all the powers conferred on the Commissioners of Customs and Excise under subsection (2) of that section.

3. Publication of notices

(1)The Minister for Commerce, Industry and Mines shall in the month of January of every year publish in the Gazette and otherwise as may be prescribed by Regulation a list of all works in respect of which notice has been received by him as is herein provided and shall from time to time throughout the year notify in the Gazette any additions to the list in force for the time being since its publication.
(2)Such lists and notices shall also show the date when the copyright of the respective works named therein will expire.

4. Form of notice

(1)The notices under section 2(1) shall be in the form prescribed in the Schedule or as near thereto as circumstances permit and the facts stated therein shall be verified by the oath or affirmation of the person giving such notice.
(2)The forms prescribed may be altered from time to time by Regulation.
(3)In addition to any facts stated in the notice the Minister for Commerce, Industry and Mines may require further information to be given and verified by oath or affirmation by the person giving the notice before making any order for the detention of the copies.

5. Regulations

(1)The power to make Regulations conferred on the Commissioners of Customs and Excise under section 14 of the said Act shall as regards the operation of the section in Swaziland be exercised by the Minister for Commerce, Industry and Mines.
(2)On publication in the Gazette such Regulations shall have force and effect as if they were part of this Act.

Schedule

Form No. 1 - Notice relating to copyright books and other printed works

To the Minister for Commerce, Industry and Mines.I, ______________________ of ____________________ hereby give you notice that copyright in the original work1 ______________________ mentioned in the schedule hereto now subsists under the Copyright Act, 1911 of the United Kingdom, and that2 ____________________ the owner of the copyright in the said work1 ____________________ and that3 ____________________ desirous that copies of the said work1 ____________________ printed or reprinted out of Swaziland shall not be imported into Swaziland.1Or works.2If notice is given by the owner, insert “I am”; if given by an agent insert name of owner and the word “is”.3“I am” or “he is”.Dated this ________ day of ______________ 19 ____________.Signature4 __________________4If an agent insert “agent of owner”.

Schedule

Title of book55The notice may apply to a number of books or printed works, in which case the particulars in the schedule must be given as respects each book or printed work.Description of printed work, if not a bookFull name of author or authorsWhether author or authors alive; if not, date of deathWhen and where6 book or printed work first published6It is sufficient to state the country of first publication.Note. — Where advantage has been taken of the provisions of the Copyright Act, 1911, as to simultaneous publication, the date and place stated should be those which entitle the work to copyright in Swaziland.

Form No. 2 - Notice relating to copyright works other than books or other printed works

To the Minister for Commerce, Industry and Mines.I, ____________________ of ______________________ hereby give you notice that copyright in the original work mentioned in the schedule hereto now subsists under the Copyright Act, 1911 of the United Kingdom, and that7 ____________________ the owner of the copyright in the said work, and that8 ____________________ desirous that copies of the said work made out of Swaziland shall not be imported into Swaziland.7If notice is given by the owner insert “I am”; if given by an agent insert name of owner and the word “is”.8“I am” or “he is”.Dated the ______ day of ____________ 19 __________.Signature9 __________________9If an agent insert “agent of owner”.

Schedule

Title of work (if any)Full description of workInitials or marks (if any) usually placed on copies of workFull name of author or authorsWhether author or authors alive; if not, date of deathWhen and where10 work first published.10It is sufficient to state the country of first publication.Note. — Where advantage has been taken of the provisions of the Copyright Act, 1911 as to simultaneous publication, the date and place stated should be those which entitled the work to copyright in Swaziland.If work not published:Whether author British subject or not.If not a British subject, name of country in which author was resident or domiciled at date of the making of the work.In the case of photographs, phonographic records, and music rolls, date of making the original negative or original plate.

Form No. 3 - Notice relating to a particular importation

To the Minister for Commerce, Industry and Mines.I, __________________ of, ______________________ hereby give you notice that I am the owner11 ____________________ of the copyright in a certain original work as to which copyright now subsists under the Copyright Act, 1911 of the United Kingdom, and that the undermentioned goods, that is to say,12 __________________ are about to be imported into Swaziland through the port of ________________ on or about the __________ day of ______________ next in the13 ______________ from ________________.11Or agent for the owner.12Describe the goods, number of packages, marks used, and any other particulars necessary for their identification.13Describe the ship and give name or indication.That such goods are liable to detention and forfeiture as being1414State if the goods are copies of the original work made out of Swaziland or how otherwise the goods are liable to detention and forfeiture.And I request that the said goods may be detained and dealt with accordingly, and I hereby undertake to reimburse the Government of Swaziland all expenses and damages to be incurred in respect of the detention and of any proceedings for forfeiture which may be subsequently taken.Dated this ________ day of __________ 19 ________.Signature15 __________________15If an agent insert “agent of owner”.
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History of this document

01 December 1998 this version
Consolidation
20 September 1918
Commenced