PART V
EXPRESSIONS OF FOLKLORE
Copyright in expressions of folklore to vest in Government
24. Subject to the provisions of this Part, copyright in expressions of folklore
shall vest in perpetuity in the Government on behalf and for the benefit of the
people of Malawi.
Certain uses of expressions of folklore to be subject to authorization
25. Subject to the provisions of section 26, the following uses of the
expressions of folklore shall be subject to prior written authorization by the
Minister when they are made for gainful purposes or outside their traditional
and customary context:
(a) any publication, reproduction and any distribution of copies of
expressions of folklore; or
(b) any communication to the public, including recitation,
performance, broadcasting or distribution by cable, of expressions of
folklore.
Free uses of expressions of folklore
26. The provisions of section 25 shall not apply to any use of the
expressions of folklore in the following cases:
(a) for the purposes of education;
(b) by way of illustration in an original work of an author provided
that the extent of such use is compatible with fair practice;
(c) using expressions of folklore for creating an original work by an
author inspired by folklore; and
(d) incidental use of expressions of folklore, including, in particular:
(i) that which can be seen or heard in the course of a current
event by means of photography, broadcasting or audiovisual work or sound recording, provided that the extent of
such use is justified by the informative purposes thereof,
and
(ii) use of objects containing the expressions of folklore
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