(1) Section 26 describes the nature of copyright in literary, audio-visual and musical or artistic works. It provides for the exclusive right of copyright holder to control reproduction and distribution of their works to the public; (2) Section 35 defines and describes what constitutes copyright infringement and imposes criminal liability for distribution or making available to the public protected works without a license; (3) Section 38 lists the offences and penalties for copyright infringement including the making and distribution of protected works without a license. (4) Neither the Copyright Act nor other legislation imposes specific penalties on service providers for failing to block or remove infringing content. However, the continued existence of copyright material on a website, can be construed as a continuing...
Intermediary Liability in Africa Research Papers No. 2 Independent research commissioned by the Association for Progressive Communications and supported by the Open Society Foundation and Google Africa