without authorization; or
(ii) the broadcast is initially fixed in accordance with the
provisions of this Act, but the reproduction is made for
purposes other than those authorized.
(2) The protection under this section shall subsist for twenty years computed
from the end of the year in which the broadcast took place.
Exceptions to certain provisions under this Part
39. The provisions of sections 33, 34, 35, 36 and 37 shall not apply where
the acts referred to therein are concerned with
(a) private use;
(b) the reporting of current events, except that no more than short
excerpts of a performance, sound recording or broadcast are used;
(c) teaching or research;
(d) quotations in the form of short excerpts of a performance, sound
recording or broadcast, which are compatible with fair practice and
are justified by the informative purpose of those quotations.
PART VII
PUBLIC DOMAIN
Works in the public domain
40. (1) The following works shall belong to the public domain:
(a) works whose terms of protection have expired;
(b) works in respect of which authors have renounced their rights;
and
(c) foreign works that do not enjoy protection in Malawi.
(2) For the purpose of paragraph (b), renunciation by an author or his
successor in title of his rights referred to in section 9 shall be in writing and
made public but any such renunciation shall not be contrary to any previous
contractual obligation relating to the work.
(3) Subject to the payment of such fee as may be determined by the Minister
in relation thereto, a work that has fallen into the public domain may be used
without any restriction.
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