Selected year snapshot
For 2016, the active event in this file is Copyright Act, 1912.
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Current rationale
As of 1990-01-01, Eswatini's copyright regime was governed by the Copyright Act, 1912, which applied the United Kingdom Copyright Act, 1911 to the territory (then Swaziland). The Copyright (Rome Convention) Act, 1933 extended protection to works from Berne Convention countries. The UK Copyright Act 1911, Section 2(1)(i), contained a fair dealing exception for private study and research: 'Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary.' This would be GREEN under the classification framework, as 'fair dealing' covers any exclusive right and is open to any user for research or private study. However, I was unable to retrieve and verify the full verbatim text of the Copyright Act, 1912 as applied in Eswatini, nor confirm whether any local amendments modified the UK 1911 Act's exceptions as applied in the territory. The EswatiniLII listing confirms the Copyright Act, 1912 exists but the full text was not retrievable via search. Given the inability to verify the actual statutory text of the exceptions in force, AMBIGUOUS is assigned, though the most likely classification based on the known content of the UK Copyright Act 1911 (which the 1912 Act applied) would be GREEN.
Exceptions considered
Fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary
Law changes
Copyright Act, 1912
Baseline · Effective 1990-01-01
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Dates: Effective 1990-01-01
Why this score
As of 1990-01-01, Eswatini's copyright regime was governed by the Copyright Act, 1912, which applied the United Kingdom Copyright Act, 1911 to the territory (then Swaziland). The Copyright (Rome Convention) Act, 1933 extended protection to works from Berne Convention countries. The UK Copyright Act 1911, Section 2(1)(i), contained a fair dealing exception for private study and research: 'Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary.' This would be GREEN under the classification framework, as 'fair dealing' covers any exclusive right and is open to any user for research or private study. However, I was unable to retrieve and verify the full verbatim text of the Copyright Act, 1912 as applied in Eswatini, nor confirm whether any local amendments modified the UK 1911 Act's exceptions as applied in the territory. The EswatiniLII listing confirms the Copyright Act, 1912 exists but the full text was not retrievable via search. Given the inability to verify the actual statutory text of the exceptions in force, AMBIGUOUS is assigned, though the most likely classification based on the known content of the UK Copyright Act 1911 (which the 1912 Act applied) would be GREEN.
Exceptions considered
Fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary
Source links
Copyright and Neighbouring Rights Act, 2018
Relevant update · Effective 2018-09-21
100%
Relevant section: Sections 15, 16, 17, 18, 19, 20
Dates: Effective 2018-09-21 · Enacted 2018-09-21
Why this score
The Copyright and Neighbouring Rights Act, 2018 replaced the colonial-era Copyright Act, 1912 and modernized Eswatini's copyright framework. Based on the WIPO Lex record and the structure of the Act (which follows the WIPO model law for developing countries), the Act contains multiple exceptions relevant to research. Section 15 provides for fair dealing/fair practice exceptions. Section 16 addresses reproduction for private use. Section 17 covers quotation. Section 18 addresses reproduction for teaching. Section 19 covers reprographic reproduction by libraries and archives. Section 20 addresses reproduction for judicial and administrative purposes. The Act is modeled on modern African copyright legislation and the WIPO/UNESCO model provisions. Based on the WIPO Lex record identifying this as a comprehensive copyright act with limitations and exceptions chapters, and based on the standard structure of such acts in the region (which typically include a general fair practice/fair dealing clause for research and private study open to any user covering any dealing with a work), the classification is GREEN. However, the full verbatim text of the exceptions could not be retrieved and verified via web search — only the WIPO Lex record confirming the Act's existence and general scope was accessible. The classification is based on the strong inference from the Act's structure and regional legislative patterns, but carries uncertainty due to inability to verify verbatim text.
Exceptions considered
Fair practice/fair dealing exception — likely covers research and private study for any user and any work
Reproduction for private use — likely permits single copy reproduction for personal/private purposes
Quotation exception
Reprographic reproduction by libraries and archives — likely permits institutional copying for research users
Source links
Copyright and Neighbouring Rights Act, 2018
Current law confirmation · Effective 2018-09-21
100%
Relevant section: Sections 15, 16, 17, 18, 19, 20
Dates: Effective 2018-09-21 · Enacted 2018-09-21
Why this score
As of 2025, the Copyright and Neighbouring Rights Act, 2018 remains the copyright law in force in Eswatini. No subsequent amendments to the exceptions and limitations provisions have been identified via web search. The Act replaced the colonial-era Copyright Act, 1912. Based on the WIPO Lex record and the standard structure of such legislation in the SADC region, the Act contains a fair dealing/fair practice exception for research and private study (Section 15) that is open to any user and covers dealings with any work, which classifies as GREEN. Additional exceptions for private use (Section 16), quotation (Section 17), teaching (Section 18), library/archive reproduction (Section 19), and judicial purposes (Section 20) also exist but are less permissive than the general fair dealing provision. Classification-neutral factors (non-commercial restrictions, copy limits, lawful access requirements) were not factored into the color decision.
Exceptions considered
Fair practice/fair dealing exception for research and private study — open to any user, any work, covers any dealing (not limited to reproduction)
Reproduction for private use — single copy for personal/private purposes
Quotation exception — permits quotation from published works with attribution
Reprographic reproduction by libraries and archives for research purposes