Works in which copyright subsists 4. (1) Copyright shall subsist in accordance with this Act in: (a) literary, dramatic, musical and artistic works: (i) of an author who is a national of, or is resident in, Malawi; (ii) which are first published in Malawi, irrespective of the nationality or residence of their authors; (b) expressions of folklore developed and maintained in Malawi; (c) performances, if: (i) the performer is a national of Malawi; or (ii) the performance took place in Malawi; or (iii) the performance is fixed in a sound recording qualifying for copyright under paragraph (d); or (iv) the performance, which has not been fixed in a sound recording, is embodied in a broadcast qualifying for protection under paragraph (e); (d) audio-visual work and sound recording, where: (i) the producer of audio-visual work or sound recording is a national of, or is resident in, Malawi; or (ii) the first fixation of the audiovisual work or sound recording was made in Malawi; or (iii) the audio-visual work or sound recording was first published in Malawi; (e) broadcasts, where: (i) the headquarters of the broadcasting organization is situated in Malawi; or (ii) the broadcast was transmitted from a transmitter situated in Malawi; and (f) typographical arrangements of works published in Malawi. 12

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