Selected year snapshot
For 2024, the active event in this file is Copyright Act, 2016 (Act No. 26 of 2016).
100%
Current rationale
As of 2025, the Copyright Act, 2016 (Act No. 26 of 2016) remains in force in Malawi. No amendments to the research-relevant exceptions have been identified via web search. Section 31(1)(a) provides a general fair dealing exception for 'research or private study' that covers any dealing (i.e., any exclusive right, not only reproduction) with any type of work, open to any user. 'Research' is listed as a standalone purpose not qualified by 'private' or 'personal.' This is GREEN: it permits reproduction and sharing/communication of full works for research purposes by any user. There is no TDM-specific exception, but the general fair dealing clause would potentially cover TDM activities under 'research.' Additional exceptions remain in force (Sections 32, 33, 34, 37) but none is more permissive than Section 31(1)(a). Classification-neutral factors (the proportionality factors in Section 31(2)) were not used to downgrade the classification.
Exceptions considered
Fair dealing with a work for research or private study
Reproduction for private and personal use
Use for educational purposes, illustration for teaching
Reproduction by libraries and archives for preservation and supply to users
Quotation compatible with fair practice
Law changes
Copyright Act, 1989 (Act No. 9 of 1989)
Baseline · Effective 1989-11-02
60%
Relevant section: Section 10
Dates: Effective 1989-11-02 · Enacted 1989-11-02
Why this score
The most permissive research-relevant exception is Section 10(1)(a), which permits 'the reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user's own personal and private use.' This covers all types of works and all types of uses (reproduction, adaptation, translation, etc.), but is restricted to 'personal and private use' — meaning it is limited to individuals acting privately and does not authorize sharing or institutional use. Section 10(1)(g) provides an institutional exception for Government, public libraries, non-commercial documentation centres, and scientific institutions, but only where 'the reproduction is in the public interest and no revenue is derived therefrom' — this is limited to reproduction only and to specific institutions (PURPLE individually). Section 10(1)(b) is a quotation exception limited to excerpts (RED individually). Section 10(1)(c) is an educational exception for teaching illustration, not directly for research. There is no general fair dealing or fair use clause, no unqualified research exception, and no TDM exception. The most permissive exception for a researcher is Section 10(1)(a), which covers full works and multiple uses but is restricted to personal and private use, yielding LIGHT BLUE. The non-commercial restriction in 10(1)(g) and the 'no revenue' requirement are classification-neutral factors and were not used to determine the color.
Exceptions considered
Reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user's own personal and private use
Quotations from a work in another work, compatible with fair practice, extent justified by purpose
Utilization of a work by way of illustration for teaching, compatible with fair practice
Reproduction by Government, public libraries, non-commercial documentation centres and scientific institutions, where in the public interest and no revenue derived
Importation of a copy of a work by a natural person for his own personal purposes
Original text
10.—(1) Notwithstanding the provisions of section 8, the following acts shall be permitted without the consent of the author or other owner of copyright and without payment of remuneration— (a) the reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user's own personal and private use; (b) the inclusion, subject to mention of the source and the name of the author, of quotations from a work in another work, provided that such quotations are compatible with fair practice and their extent does not exceed that justified by the purpose; (c) the utilization of a work by way of illustration in publications, broadcasts or sound or visual recordings for teaching, to the extent justified by the purpose, or the communication for teaching purposes of the work broadcast for use in schools, education, universities and professional training, provided that such utilization is compatible with fair practice and that the source and the name of the author are mentioned in the publication, broadcast or recording; (d) the reproduction by the press, the broadcasting or the communication to the public by wire of articles on current economic, political or religious topics and of broadcast works of the same character in cases in which the reproduction, broadcasting or such communication thereof is not expressly reserved, provided that the source is clearly indicated; (e) the reproduction by the press, the broadcasting or the communication to the public of lectures, addresses, sermons and other works of a similar nature delivered in public, to the extent justified by the purpose of providing current information; (f) the reproduction or making available to the public by the press, broadcasting or communication to the public of political speeches and speeches delivered during legal proceedings; (g) the reproduction of a work by or under the direction or control of the Government, or by such public libraries, non-commercial documentation centres and scientific institutions as may be prescribed by regulations, where the reproduction is in the public interest and no revenue is derived therefrom; (h) the reproduction of a work of art in a film or a television broadcast or transmission by wire to the public, or the communication to the public of a work of art, where the work of art is permanently located in a place where it can be viewed by the public; (i) the importation of a copy of a work by a natural person for his own personal purposes.
Source links
Copyright Act, 2016 (Act No. 26 of 2016)
Relevant update · Effective 2016-09-01
100%
Relevant section: Section 31
Dates: Effective 2016-09-01 · Enacted 2016-09-01
Why this score
The 2016 Copyright Act replaced the 1989 Act and introduced a general fair dealing clause in Section 31(1)(a) covering 'research or private study.' The term 'fair dealing with a work' covers any exclusive right (not only reproduction) — 'dealing' encompasses reproduction, communication, adaptation, etc. The exception applies to all types of works (no work-type exclusion), is open to any user (no restriction to individuals or institutions — 'research' is not qualified by 'private' or 'personal'), and covers both reproduction and sharing/communication. The fair dealing factors in Section 31(2) are proportionality qualifiers that define how the exception is applied, not whether it covers full works or sharing — these are classification-neutral. Additionally, the Act retains other exceptions: Section 32 provides for private and personal use; Section 37 provides for library/archive reproduction; Section 33 provides for educational use. But the most permissive exception is Section 31(1)(a) — fair dealing for research or private study — which is GREEN. 'Research' and 'private study' are listed as separate purposes joined by 'or', so 'private' modifies only 'study', not 'research'. The exception is open to any user conducting research.
Exceptions considered
Fair dealing with a work for research or private study
Reproduction for private and personal use
Use for educational purposes, illustration for teaching
Reproduction by libraries and archives for preservation and supply to users
Quotation compatible with fair practice
Original text
31.—(1) Fair dealing with a work for the following purposes does not infringe copyright in the work— (a) research or private study; (b) criticism or review of that work or of another work; (c) reporting current events— (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film; (d) the giving of professional advice by a legal practitioner, patent attorney or trade mark agent. (2) In determining whether the dealing with a work in any particular case is fair dealing, the court shall take account of— (a) the nature of the work in question; (b) the extent of the dealing; (c) the purpose of the dealing; (d) the alternatives to the dealing; (e) the effect of the dealing on the potential market for, or the value of, the work in question; and (f) whether the work was published or unpublished.
Source links
Copyright Act, 2016 (Act No. 26 of 2016)
Current law confirmation · Effective 2016-09-01
100%
Relevant section: Section 31
Dates: Effective 2016-09-01 · Enacted 2016-09-01
Why this score
As of 2025, the Copyright Act, 2016 (Act No. 26 of 2016) remains in force in Malawi. No amendments to the research-relevant exceptions have been identified via web search. Section 31(1)(a) provides a general fair dealing exception for 'research or private study' that covers any dealing (i.e., any exclusive right, not only reproduction) with any type of work, open to any user. 'Research' is listed as a standalone purpose not qualified by 'private' or 'personal.' This is GREEN: it permits reproduction and sharing/communication of full works for research purposes by any user. There is no TDM-specific exception, but the general fair dealing clause would potentially cover TDM activities under 'research.' Additional exceptions remain in force (Sections 32, 33, 34, 37) but none is more permissive than Section 31(1)(a). Classification-neutral factors (the proportionality factors in Section 31(2)) were not used to downgrade the classification.
Exceptions considered
Fair dealing with a work for research or private study
Reproduction for private and personal use
Use for educational purposes, illustration for teaching
Reproduction by libraries and archives for preservation and supply to users
Quotation compatible with fair practice
Original text
31.—(1) Fair dealing with a work for the following purposes does not infringe copyright in the work— (a) research or private study; (b) criticism or review of that work or of another work; (c) reporting current events— (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film; (d) the giving of professional advice by a legal practitioner, patent attorney or trade mark agent. (2) In determining whether the dealing with a work in any particular case is fair dealing, the court shall take account of— (a) the nature of the work in question; (b) the extent of the dealing; (c) the purpose of the dealing; (d) the alternatives to the dealing; (e) the effect of the dealing on the potential market for, or the value of, the work in question; and (f) whether the work was published or unpublished.