Zimbabwe Government Gazette dated 1994-02-04 number 6

ZIMBABWEAN

GOVERNMENT GAZETTE
Published by Authority

Vol. LXXII, No. 6 4th FEBRUARY,1994 Price $3,00

General Notice 55 of 1994. photo-graphy, plan or chart referred to in section 2 or any portion
thereof shall make an aplication, in writing, to the Surveyor-
COPYRIGHT ACT [CHAPTER 200} General, who maygrantin writing or refuse permission for such
Copyright (Government Maps, Aerial Photographs, Plans and reproduction to be made or vary the conditions laid down
Charts) Notice, 1994 hereunderas heseesfit.
(2) If permission is granted in terms of subsection (1), the
IT is hereby notified for public information, that the following Surveyor-Generalwill notify the applicant that such permission has
provisions apply in respect to the reproduction of maps, aerial been granted and reproduction may not be putin hand until such time
photographs, plans and charts copyright in which subsists in the as the letter conveying such permission has been received by the
Government of Zimbabwe. applicant.
Title (3) Permission,if granted in terms of subsection (1), shall be
1.~ This notice maybe cited as the Copyright (Government Maps, subject to such conditions as the Surveyor-General may impose and
Aerial Photographs, Plans and Charts) Notice, 1994. these conditions shall be set outin the letter conveying the permis-
= sion.
Government copyright
2. By virtue of section 49 of the Copyright Act [Chapter 200], ~ (4) Permission will not normally be granted where a reproduc-
and the rights assigned to Governmentby the Liquidating Agency tion is to be made for any purpose for which the maps, aerial
constituted by the Federation of Rhodesia and Nyasaland (Dissolu- photographs,plansor charts referred to in section 2 of this notice are
tion) Order in Council, 1963, copyright vests in the President in all _ suitable.
maps, aerial photographs, plans and charts— . (5) Permission granted in terms of subsection (1) for the
(a) producedorpublished by the Surveyor--Generalpriorto the reproduction of any map, aerial photograph, plan or chart shall
assignment of the copyright in such maps, aerial photo- specify the form, quantity and limits permitted, and if any person
graphs, plans.and charts to the Government of the former wishes to reprint any reproduction, a further application shall be
Federation of Rhodesia and Nyasaland for the unexpired made.
periodof 50 years from the endof the calendar year in which (6) It shall not be necessary for any person to obtain permis-
the map,aerial photograph, plan or chart was made; sion to reproduce a map,aerial photograph,plan orchart referred to
(b) depicting Zimbabwe,either wholly or in part, prepared or in section 2 or anyportion thereof where reproduction will be at a
published by the Director of Trigonometrical and Topo- scale or 1:3 000 000 or smaller.
graphical Surveysin the former Governmentofthe Federation (7) In the event of the Surveyor-General entering into an
of Rhodesia and Nyasaland, for the unexpired period of 50 agreementwith a person or company, concerning thejoint copyright
years from the end of the calendar year in which the map, of maps, aerial photographs,plansor charts, it will be necessary for
aerial photograph, plan or chart was made; the applicant to seek permission from both parties in order to
(c) produced or published by the Surveyor-General after the 1st reproduce any maps, aerial photographs, plansor charts ofthe joint
January, 1964, for a period of 50 years from the end of the copyright agreement.
calendar year in which the map, aerial photograph, plan or
chart was made. Acknowledgement
5. (1) Subject to subsection (2), every authorized reproduction
Infringement ofcopyright
shall bear an acknowledgementin the form “Reproduced with the
3. Subjectto the provisions ofthis notice, Government copyright permission of the Surveyor-General of Zimbabwe, Copyright re-
will be deemed to have been infringed by any personwho, without served”. :
the written consentof the Surveyor-General, reproduces orstores in
aretrieval system or transmits in any form or by any means, whether (2) Departures from the form of acknowledgementset out in
electronic, mechanical, photo copying, recording or otherwise, or subsection (1) shall only be by written permission of the Surveyor-
translates into another language any copyofor from any map,aerial General.
photograph, plan or chart referred to in section 2, whether the Royalties
copying is direct or through a fresh drawing, in whole orin part, or
from any map or documentbased on such map,aerial photograph, 6.(1) Permission to reproduce any map,aerial photograph, plan
plan or chart. or chart referred to in section 2 will normally be subject to the
paymentofa royalty fee which will be assessed in accordance with
Permission to reproduce maps, aerial photographs, the scale ofroyalties specified in Part I of the Scheduleto this notice,
plansor charts taking into accountthe category of copying as defined in section 7,
4. (1) Subject to subsection (6) any person wishing to repro- the numberofcopies required and the areaofthe original document
duce any map,aerial photograph or mapping derived from aerial to be copied.