d) The right to authorize acts referred to in subsection (a) of this section shall vest in the Intellectual
Property Office.
e) The Intellectual Property Office shall ensure that any benefits accruing from the commercial
exploitation of traditional cultural expression are realized by the relevant community from where it
originated and where the community cannot be clearly identified or the work cuts across more than
one community, the benefits shall be administered by the Intellectual Property Office for the
promotion of cultural activities in Liberia.
§9.35. Levy on Copyright Material
a) There shall be paid a levy on any material used or capable of being used to infringe copyright in a
work.
b) The levy payable under subsection (a) of this Section shall be as may be determined by the
Minister from time to time and published and different levies may be imposed on different
categories of materials.
c) The levy shall be paid into the funds of the Intellectual Property Office and the Office shall have
power to disburse the funds amongst approved collective management organizations in accordance
with regulations made by the Office.
d) In this section, “material” includes any object, equipment, machine, contrivances or any other
device used or capable of being used to infringe copyright in a work.
§9.36. Royalties
a) In the absence of an agreement to the contrary, no person may broadcast, cause the transmission of
or play a sound recording without payment of a royalty to the owner of the relevant copyright.
b) The amount of a royalty contemplated in subsection (a) of this Section shall be determined by an
agreement between the user of the sound recording, the performer and the owner of the copyright,
or between their representative collecting societies.
c) In the absence of an agreement, the user, performer or owner may refer the matter to the courts or
they may agree to refer the matter for disputes resolution in the form of mediation or arbitration.
d) The owner of the copyright who receives payment of a royalty in terms of this section shall share
such royalty with any performer whose performance is featured on the sound recording and who
would have been entitled to receive a royalty in that regard under this Section.
e) The performer‟s share of the royalty shall be determined by an agreement between the performer
and the owner of the copyright.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents