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Gambia

Copyright Act, 2004 (Act No. 10 of 2004).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020252004: 20%2005: 20%2006: 20%2007: 20%2008: 20%2009: 20%2010: 20%2011: 20%2012: 20%2013: 20%2014: 20%2015: 20%2016: 20%2017: 20%2018: 20%2019: 20%2020: 20%2021: 20%2022: 20%2023: 20%2024: 20%2025: 20%YearOpenness score (%)

Selected year snapshot

For 2024, the active event in this file is Copyright Act, 2004 (Act No. 10 of 2004).

20%

Current rationale

The Copyright Act 2004 introduced several exceptions relevant to research. The most permissive provision for research purposes is Section 27 (private reproduction for personal purposes). Section 27(1) permits private reproduction of a published work in a single copy by an individual exclusively for his or her own personal purposes. However, Section 27(2) excludes: (a) works of architecture in building form, (b) reprography of the whole or substantial part of a book or musical notation, (c) the whole or substantial part of a database in digital form, and (d) computer programmes. This means full-work reproduction is permitted for some types of works (e.g., articles, shorter works, audiovisual works, artistic works other than architecture) but NOT for whole books (via reprography), musical notation, databases in digital form, computer programmes, or architectural works. This is a classic ORANGE pattern: full-work reproduction is available for at least some types of works but specific categories are excluded. The exception is limited to individuals for personal purposes (which would suggest LIGHT BLUE), but the work-type exclusions are more restrictive, making ORANGE the appropriate classification. Section 29 (quotation) is limited to excerpts compatible with fair practice. Sections 30-36 cover educational, library, and other specific uses but are narrower or equally restrictive. No general fair dealing or fair use clause exists in this Act. No TDM exception exists. The non-commercial restriction inherent in 'personal purposes' is classification-neutral. The single-copy limit is classification-neutral.

Exceptions considered

Section 2720%Private UseMost permissive

Private reproduction of a published work in a single copy by an individual exclusively for personal purposes. Excludes: architecture in building form, reprography of whole/substantial part of a book or musical notation, whole/substantial part of database in digital form, computer programmes.

Section 280%Other

Reproduction of computer programmes โ€” backup copy by lawful possessor, or for purposes essential to use with a computer

Section 290%Quotation

Quotation โ€” reproduction of a short part of a published work in the form of quotation, compatible with fair practice, extent justified by purpose (criticism, review, etc.)

Section 3040%Library Institutional

Reprographic reproduction by libraries and archives โ€” reproduction of a published article or short work for the needs of a person, or for preservation/replacement of a lost/damaged copy

Section 310%Educational

Reproduction, broadcasting, and other communication for teaching โ€” illustration for teaching, compatible with fair practice

Section 320%Other

Reproduction for judicial proceedings or professional advice

Section 330%Other

Ephemeral recordings by broadcasting organisations

Section 3460%Private Use

Importation for personal purposes of single copies

Section 350%Other

Display of works of art in public places

Section 360%Other

Incidental inclusion of a work in a broadcast or other communication

Law changes

Copyright Act, 1965 (inherited from UK Copyright Act 1911 / applicable colonial-era legislation)

Baseline ยท Effective 1990-01-01

?

Dates: Effective 1990-01-01

Why this score

The Gambia gained independence in 1965. Prior to the Copyright Act 2004, the applicable copyright law was inherited colonial-era legislation (the UK Copyright Act 1911 as extended to The Gambia, and possibly the Copyright Act Cap 46 of the Laws of The Gambia). Despite extensive web searching, I was unable to locate the full statutory text of the copyright law actually in force in The Gambia on 1990-01-01. The UK Copyright Act 1911 as extended to colonies contained a fair dealing provision (Section 2(1)(i)) for private study and research, but I cannot verify the exact text as applied in The Gambia or confirm whether any local amendments had been made. Without access to the verified statutory text, the classification must be AMBIGUOUS.

Exceptions considered

Unknown (likely inherited UK Copyright Act 1911, s.2(1)(i))?Fair DealingMost permissive

Presumed fair dealing for purposes of private study, research, criticism, review, or newspaper summary โ€” inherited from UK colonial legislation, but text not verified for The Gambia

Copyright Act, 2004 (Act No. 10 of 2004)

Relevant update ยท Effective 2004-05-05

20%

Relevant section: Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, 36

Dates: Effective 2004-05-05 ยท Enacted 2004-04-28

Why this score

The Copyright Act 2004 introduced several exceptions relevant to research. The most permissive provision for research purposes is Section 27 (private reproduction for personal purposes). Section 27(1) permits private reproduction of a published work in a single copy by an individual exclusively for his or her own personal purposes. However, Section 27(2) excludes: (a) works of architecture in building form, (b) reprography of the whole or substantial part of a book or musical notation, (c) the whole or substantial part of a database in digital form, and (d) computer programmes. This means full-work reproduction is permitted for some types of works (e.g., articles, shorter works, audiovisual works, artistic works other than architecture) but NOT for whole books (via reprography), musical notation, databases in digital form, computer programmes, or architectural works. This is a classic ORANGE pattern: full-work reproduction is available for at least some types of works but specific categories are excluded. The exception is limited to individuals for personal purposes (which would suggest LIGHT BLUE), but the work-type exclusions are more restrictive, making ORANGE the appropriate classification. Section 29 (quotation) is limited to excerpts compatible with fair practice. Sections 30-36 cover educational, library, and other specific uses but are narrower or equally restrictive. No general fair dealing or fair use clause exists in this Act. No TDM exception exists. The non-commercial restriction inherent in 'personal purposes' is classification-neutral. The single-copy limit is classification-neutral.

Exceptions considered

Section 2720%Private UseMost permissive

Private reproduction of a published work in a single copy by an individual exclusively for personal purposes. Excludes: architecture in building form, reprography of whole/substantial part of a book or musical notation, whole/substantial part of database in digital form, computer programmes.

Section 280%Other

Reproduction of computer programmes โ€” backup copy by lawful possessor, or for purposes essential to use with a computer

Section 290%Quotation

Quotation โ€” reproduction of a short part of a published work in the form of quotation, compatible with fair practice, extent justified by purpose (criticism, review, etc.)

Section 3040%Library Institutional

Reprographic reproduction by libraries and archives โ€” reproduction of a published article or short work for the needs of a person, or for preservation/replacement of a lost/damaged copy

Section 310%Educational

Reproduction, broadcasting, and other communication for teaching โ€” illustration for teaching, compatible with fair practice

Section 320%Other

Reproduction for judicial proceedings or professional advice

Section 330%Other

Ephemeral recordings by broadcasting organisations

Section 3460%Private Use

Importation for personal purposes of single copies

Section 350%Other

Display of works of art in public places

Section 360%Other

Incidental inclusion of a work in a broadcast or other communication

Original text

Source links

Copyright Act, 2004 (Act No. 10 of 2004)

Current law confirmation ยท Effective 2025-01-01

20%

Relevant section: Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, 36

Dates: Effective 2025-01-01

Why this score

As of 2025, the Copyright Act 2004 (Act No. 10 of 2004) remains the copyright law in force in The Gambia. No amending legislation affecting copyright exceptions and limitations was found via web search. The most permissive exception for research purposes remains Section 27 (private reproduction for personal purposes), which permits reproduction of a published work in a single copy by an individual for personal purposes, but excludes: architecture in building form, reprography of whole/substantial part of books or musical notation, whole/substantial part of databases in digital form, and computer programmes. This permits full-work reproduction for some categories of works (e.g., individual articles, artistic works other than architecture, audiovisual works, sound recordings) but not for others, yielding ORANGE. Uses: reproduction only (no sharing/communication). Works: most works but with specific exclusions. Users: individuals only (personal purposes). The work-type exclusions are the most restrictive dimension, determining the ORANGE classification. There is no fair dealing, fair use, general research exception, three-step-test enabling clause, or TDM exception in this Act. The single-copy limit and personal-purposes restriction are classification-neutral factors that do not affect the color.

Exceptions considered

Section 2720%Private UseMost permissive

Private reproduction of a published work in a single copy by an individual exclusively for personal purposes. Excludes: architecture in building form, reprography of whole/substantial part of a book or musical notation, whole/substantial part of database in digital form, computer programmes.

Section 280%Other

Reproduction of computer programmes โ€” backup copy by lawful possessor, or for purposes essential to use with a computer

Section 290%Quotation

Quotation โ€” reproduction of a short part of a published work in the form of quotation, compatible with fair practice, extent justified by purpose

Section 3040%Library Institutional

Reprographic reproduction by libraries and archives โ€” reproduction of a published article or short work for the needs of a person, or for preservation/replacement

Section 310%Educational

Reproduction, broadcasting, and other communication for teaching โ€” illustration for teaching, compatible with fair practice

Section 320%Other

Reproduction for judicial proceedings or professional advice

Section 330%Other

Ephemeral recordings by broadcasting organisations

Section 3460%Private Use

Importation for personal purposes of single copies

Section 350%Other

Display of works of art in public places

Section 360%Other

Incidental inclusion of a work in a broadcast or other communication

Original text

Source links