Selected year snapshot
For 2024, the active event in this file is Copyright and Neighbouring Rights Protection Act, 1994 (Act 6 of 1994), as amended by Business and Intellectual Property Authority Act, 2016 (Act 8 of 2016).
60%
Current rationale
As of 2025, the Copyright and Neighbouring Rights Protection Act 6 of 1994 remains in force, as amended by the Business and Intellectual Property Authority Act 8 of 2016. The 2016 amendment substituted 'Board' for 'Minister' throughout the Act (except in ss.1, 61, 63, 69) — an administrative change that did not alter any exception or limitation provisions. The substantive exceptions for research remain identical to those that commenced in 1996. The fair dealing provisions in ss.15(1)(a), 16(1)(a), 18(1)(a), and 19(1)(a) continue to permit fair dealing for research or private study 'by, or the personal or private use of, the person using the work.' This qualifier restricts the beneficiary to the individual user, making the classification LIGHT BLUE rather than GREEN. The term 'fair dealing' covers any exclusive right (not just reproduction), but the personal/private qualifier limits the user class. The library exception (s.15(5)) remains available for non-profit library reproduction under prescribed conditions (PURPLE individually). No TDM exception has been enacted. No other amendments to the exceptions provisions have been identified. Classification-neutral factors were not considered in the color assignment.
Exceptions considered
Fair dealing with literary or musical work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with artistic work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with cinematograph film for purposes of research or private study by, or personal or private use of, the person using the film
Fair dealing with sound recording for purposes of research or private study by, or personal or private use of, the person using the recording
Reproduction of literary or musical work by librarian of a non-profit library under prescribed conditions
Use of literary or musical work by way of illustration in publication, broadcast or recording for teaching, compatible with fair practice
Quotation from literary or musical work compatible with fair practice, extent justified by purpose
Law changes
Baseline
Baseline · Effective 1990-01-01
?
Dates: Effective 1990-01-01
Why this score
As of 1990-01-01, Namibia had just achieved de facto independence (21 March 1990 is the formal date, but the transitional period was underway). Prior to independence, the South African Copyright Act 98 of 1978 applied in the territory of South West Africa/Namibia. However, I was unable to retrieve and verify the full text of the South African Copyright Act 1978 as it applied in Namibia on 1990-01-01 via web search. The South African Act contained a fair dealing provision for research or private study (section 12(1)), but I cannot verify the exact text in force in Namibia at that date. Namibia's own Copyright and Neighbouring Rights Protection Act 6 of 1994 was not yet enacted. Because I cannot verify the actual statutory text in force on 1990-01-01, this baseline is marked AMBIGUOUS and the earliest verifiable event is the commencement of the 1994 Act.
Copyright and Neighbouring Rights Protection Act, 1994 (Act 6 of 1994)
Relevant update · Effective 1996-03-15
60%
Relevant section: Sections 15, 16, 17, 18, 19
Dates: Effective 1996-03-15 · Enacted 1994-04-14
Why this score
The Copyright and Neighbouring Rights Protection Act 6 of 1994 provides fair dealing exceptions for research or private study across literary/musical works (s.15(1)(a)), artistic works (s.16(1)(a)), cinematograph films (s.18(1)(a)), and sound recordings (s.19(1)(a)). However, each of these provisions qualifies the fair dealing as being 'for the purposes of research or private study by, or the personal or private use of, the person using the work.' The phrase 'by... the person using the work' and 'personal or private use' restricts the beneficiary to the individual user. The term 'fair dealing' would normally cover any exclusive right (not just reproduction), but the qualifier 'by... the person using the work' and 'personal or private use' restricts this to individual/private use. This is not an unqualified fair dealing for research open to any user — it is qualified by the personal/private use restriction. The library exception in s.15(5) permits reproduction by librarians of non-profit libraries under prescribed conditions, but this is narrower (institutional, reproduction only). The teaching exception in s.15(2) covers illustration for teaching but is not primarily a research exception. No TDM exception exists. The most permissive exception for research is the fair dealing provision, but it is qualified as private/personal, yielding LIGHT BLUE. Classification-neutral factors (non-commercial restriction, lawful access) were not factored into the color decision.
Exceptions considered
Fair dealing with literary or musical work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with artistic work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with cinematograph film for purposes of research or private study by, or personal or private use of, the person using the film
Fair dealing with sound recording for purposes of research or private study by, or personal or private use of, the person using the recording
Reproduction of literary or musical work by librarian of a non-profit library under prescribed conditions
Use of literary or musical work by way of illustration in publication, broadcast or recording for teaching, compatible with fair practice
Quotation from literary or musical work compatible with fair practice, extent justified by purpose
Original text
15. General exceptions from protection of literary and musical works (1) The copyright in a literary or musical work shall not be infringed by any fair dealing with such work - (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purpose of reporting current events - (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film: Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work. (2) The copyright in a literary or musical work shall not be infringed by using such work, to the extent justified by the purpose, by way of illustration in any publication, broadcast or sound or visual record for teaching: Provided that such use shall be compatible with fair practice and that the source shall be mentioned, as well as the name of the author if it appears on the work. (3) The copyright in a literary or musical work shall not be infringed by any quotation therefrom, including any quotation from articles in the form of press summaries: Provided that the quotation shall be compatible with fair practice, that the extent thereof shall not exceed the extent justified by the purpose and that the source shall be mentioned, as well as the name of the author if it appears on the work. (4) The copyright in a literary or musical work shall not be infringed by the reproduction of such work by or under the direction or control of the head of a department of the Government, a provincial administration or a local authority for use by or in the administration of such department, administration or authority, as the case may be, in the course and for the purpose of the administration of justice. (5) The copyright in a literary or musical work shall not be infringed by the reproduction of such work, if such reproduction is made by the librarian of a library, not being a library conducted for profit, or by a person acting under the direction of such librarian, and if the conditions prescribed by regulation are complied with. 16. General exceptions from protection of artistic works (1) The copyright in an artistic work shall not be infringed by any fair dealing with such work for the purposes of - (a) research or private study by, or the personal or private use of, the person using the work; (b) criticism or review of that work or of another work; or (c) reporting current events in a newspaper, magazine or similar periodical, or by means of broadcasting or in a cinematograph film: Provided that, in the case of paragraphs (b) and (c), the source shall be mentioned, as well as the name of the author if it appears on the work. 17. General exceptions in respect of reproduction of works (1) In addition to reproductions permitted in terms of this Act, any reproduction of a work shall be permitted which is made by or under the direction or control of the head of a department of the Government, a provincial administration or a local authority for use by or in the administration of such department, administration or authority, as the case may be, in the course and for the purpose of the administration of justice. 18. General exceptions from protection of cinematograph films (1) The copyright in a cinematograph film shall not be infringed by any fair dealing with such film for the purposes of - (a) research or private study by, or the personal or private use of, the person using the film; (b) criticism or review of that film or of another film; or (c) reporting current events in a newspaper, magazine or similar periodical, or by means of broadcasting or in another cinematograph film. 19. General exceptions from protection of sound recordings (1) The copyright in a sound recording shall not be infringed by any fair dealing with such recording for the purposes of - (a) research or private study by, or the personal or private use of, the person using the recording; (b) criticism or review of that recording or of another recording; or (c) reporting current events in a newspaper, magazine or similar periodical, or by means of broadcasting or in a cinematograph film.
English rendering
15. General exceptions from protection of literary and musical works (1) The copyright in a literary or musical work shall not be infringed by any fair dealing with such work - (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purpose of reporting current events - (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film: Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work. 16(1)(a) ...fair dealing with such work for the purposes of research or private study by, or the personal or private use of, the person using the work; 18(1)(a) ...fair dealing with such film for the purposes of research or private study by, or the personal or private use of, the person using the film; 19(1)(a) ...fair dealing with such recording for the purposes of research or private study by, or the personal or private use of, the person using the recording.
Source links
Copyright and Neighbouring Rights Protection Act, 1994 (Act 6 of 1994), as amended by Business and Intellectual Property Authority Act, 2016 (Act 8 of 2016)
Current law confirmation · Effective 2017-01-16
60%
Relevant section: Sections 15(1)(a), 16(1)(a), 18(1)(a), 19(1)(a), 15(5)
Dates: Effective 2017-01-16 · Enacted 2016-08-12
Why this score
As of 2025, the Copyright and Neighbouring Rights Protection Act 6 of 1994 remains in force, as amended by the Business and Intellectual Property Authority Act 8 of 2016. The 2016 amendment substituted 'Board' for 'Minister' throughout the Act (except in ss.1, 61, 63, 69) — an administrative change that did not alter any exception or limitation provisions. The substantive exceptions for research remain identical to those that commenced in 1996. The fair dealing provisions in ss.15(1)(a), 16(1)(a), 18(1)(a), and 19(1)(a) continue to permit fair dealing for research or private study 'by, or the personal or private use of, the person using the work.' This qualifier restricts the beneficiary to the individual user, making the classification LIGHT BLUE rather than GREEN. The term 'fair dealing' covers any exclusive right (not just reproduction), but the personal/private qualifier limits the user class. The library exception (s.15(5)) remains available for non-profit library reproduction under prescribed conditions (PURPLE individually). No TDM exception has been enacted. No other amendments to the exceptions provisions have been identified. Classification-neutral factors were not considered in the color assignment.
Exceptions considered
Fair dealing with literary or musical work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with artistic work for purposes of research or private study by, or personal or private use of, the person using the work
Fair dealing with cinematograph film for purposes of research or private study by, or personal or private use of, the person using the film
Fair dealing with sound recording for purposes of research or private study by, or personal or private use of, the person using the recording
Reproduction of literary or musical work by librarian of a non-profit library under prescribed conditions
Use of literary or musical work by way of illustration in publication, broadcast or recording for teaching, compatible with fair practice
Quotation from literary or musical work compatible with fair practice, extent justified by purpose
Original text
15. General exceptions from protection of literary and musical works (1) The copyright in a literary or musical work shall not be infringed by any fair dealing with such work - (a) for the purposes of research or private study by, or the personal or private use of, the person using the work;