Selected year snapshot
For 1999, the active event in this file is Copyright and Performance Rights Act, 1994.
100%
Current rationale
Section 21(1)(a) provides a fair dealing exception for 'private study or research' covering literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, and cable programmes. The term 'fair dealing' in Commonwealth copyright tradition covers any exclusive right (not only reproduction), meaning it encompasses reproduction, communication, and other uses. It is open to any user (not restricted to institutions or individuals acting privately — 'private study or research' lists two independent purposes: private study AND research). The exception applies to all major categories of works except computer programs (Section 21(2)). The exclusion of computer programs from the fair dealing exception is a work-type restriction, but since fair dealing still covers literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, and cable programmes — i.e., the vast majority of work types — this is not sufficient to downgrade from GREEN. The computer program exclusion is narrow and does not prevent full-work reproduction of other work types for research. Additionally, Section 24 provides personal and private use reproduction (with exclusions for architecture, reprographic reproduction of whole books/musical notation, and databases in digital form), and Section 22 provides library/archive reproduction. However, Section 21 is the most permissive exception. Classification-neutral factors (non-commercial restriction, copy limits, lawful access) were not factored into the color decision. The fair dealing clause for research is open to any user, covers dealing (any exclusive right) with full works, and applies to nearly all work types, warranting GREEN.
Exceptions considered
Fair dealing with literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, cable programmes for purposes of private study or research. Does not apply to computer programs (s.21(2)).
Reproduction by librarian or archivist of non-profit library or archival institution, where reproduction is isolated and on separate/unrelated occasions, subject to ministerial conditions.
Reproduction for personal and private use of the person making the reproduction. Excludes architecture, reprographic reproduction of whole books or musical notation, and whole/substantial part of database in digital form.
Inclusion of not more than two short passages from a work in a collection designed for educational institutions.
Law changes
Copyright Act (Chapter 406, pre-1994 version)
Baseline · Effective 1990-01-01
?
Dates: Effective 1990-01-01
Why this score
The Copyright Act in force in Zambia on 1990-01-01 was the pre-1994 Copyright Act (Chapter 406). This Act was repealed and replaced by the Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994). I was unable to locate or verify the full statutory text of the pre-1994 Copyright Act via web search. No digitised version of the earlier Act was found on ZambiaLII, WIPO Lex, or the Zambian Parliament website. Therefore, the specific exceptions and limitations for research or private study in the pre-1994 law cannot be verified, and the classification is AMBIGUOUS due to inability to access the statutory text.
Copyright and Performance Rights Act, 1994
Relevant update · Effective 1994-12-31
100%
Relevant section: Section 21, Section 22, Section 23, Section 24, Section 25
Dates: Effective 1994-12-31 · Enacted 1994-12-31
Why this score
Section 21(1)(a) provides a fair dealing exception for 'private study or research' covering literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, and cable programmes. The term 'fair dealing' in Commonwealth copyright tradition covers any exclusive right (not only reproduction), meaning it encompasses reproduction, communication, and other uses. It is open to any user (not restricted to institutions or individuals acting privately — 'private study or research' lists two independent purposes: private study AND research). The exception applies to all major categories of works except computer programs (Section 21(2)). The exclusion of computer programs from the fair dealing exception is a work-type restriction, but since fair dealing still covers literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, and cable programmes — i.e., the vast majority of work types — this is not sufficient to downgrade from GREEN. The computer program exclusion is narrow and does not prevent full-work reproduction of other work types for research. Additionally, Section 24 provides personal and private use reproduction (with exclusions for architecture, reprographic reproduction of whole books/musical notation, and databases in digital form), and Section 22 provides library/archive reproduction. However, Section 21 is the most permissive exception. Classification-neutral factors (non-commercial restriction, copy limits, lawful access) were not factored into the color decision. The fair dealing clause for research is open to any user, covers dealing (any exclusive right) with full works, and applies to nearly all work types, warranting GREEN.
Exceptions considered
Fair dealing with literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, cable programmes for purposes of private study or research. Does not apply to computer programs (s.21(2)).
Reproduction by librarian or archivist of non-profit library or archival institution, where reproduction is isolated and on separate/unrelated occasions, subject to ministerial conditions.
Reproduction for personal and private use of the person making the reproduction. Excludes architecture, reprographic reproduction of whole books or musical notation, and whole/substantial part of database in digital form.
Inclusion of not more than two short passages from a work in a collection designed for educational institutions.
Original text
21. (1) Fair dealing with a literary, musical or artistic work, an audiovisual work, a sound recording, a broadcast or a cable programme for the purposes of— (a) private study or research; (b) criticism or review of that work or of another work; or (c) the reporting of current events— (i) in a newspaper, magazine or similar periodical; or (ii) by means of a broadcast or a cable programme; shall not constitute an infringement of copyright in the work. (2) The provisions of subsection (1) shall not apply in relation to a computer program. 22. (1) The copyright in a literary, musical or artistic work, an audiovisual work or a sound recording shall not be infringed by the reproduction of the work— (a) by a librarian or archivist of a non-profit library or non-profit archival institution; and (b) where the reproduction is an isolated reproduction of the work made on separate and unrelated occasions; if the reproduction is made in accordance with the conditions prescribed by the Minister by statutory instrument. 23. The copyright in a literary, musical or artistic work shall not be infringed by the reproduction of the work for the purposes of any judicial proceedings or for the purposes of a report of judicial proceedings. 24. (1) The copyright in a literary, musical or artistic work shall not be infringed by the reproduction of the work for the personal and private use of the person making the reproduction. (2) The provisions of subsection (1) shall not apply in relation to— (a) a work of architecture in the form of a building or other structure; (b) a reprographic reproduction of the whole or a substantial part of a book or of a musical work in the form of notation; or (c) the whole or a substantial part of a database in a digital form. 25. The copyright in a literary, musical or artistic work shall not be infringed by the inclusion of not more than two short passages from the work in a collection of literary, musical or artistic works which— (a) is designed for use in educational institutions and is so described in its title and in any advertisement issued by or on behalf of the publisher; and (b) consists mainly of material in which no copyright subsists.
English rendering
21. (1) Fair dealing with a literary, musical or artistic work, an audiovisual work, a sound recording, a broadcast or a cable programme for the purposes of— (a) private study or research; (b) criticism or review of that work or of another work; or (c) the reporting of current events— (i) in a newspaper, magazine or similar periodical; or (ii) by means of a broadcast or a cable programme; shall not constitute an infringement of copyright in the work. (2) The provisions of subsection (1) shall not apply in relation to a computer program. 22. (1) The copyright in a literary, musical or artistic work, an audiovisual work or a sound recording shall not be infringed by the reproduction of the work— (a) by a librarian or archivist of a non-profit library or non-profit archival institution; and (b) where the reproduction is an isolated reproduction of the work made on separate and unrelated occasions; if the reproduction is made in accordance with the conditions prescribed by the Minister by statutory instrument. 24. (1) The copyright in a literary, musical or artistic work shall not be infringed by the reproduction of the work for the personal and private use of the person making the reproduction. (2) The provisions of subsection (1) shall not apply in relation to— (a) a work of architecture in the form of a building or other structure; (b) a reprographic reproduction of the whole or a substantial part of a book or of a musical work in the form of notation; or (c) the whole or a substantial part of a database in a digital form.
Source links
Copyright and Performance Rights (Amendment) Act, 2010
Relevant update · Effective 2010-08-16
100%
Relevant section: Section 21, Section 22, Section 24 (as amended or confirmed in force)
Dates: Effective 2010-08-16 · Enacted 2010-08-14
Why this score
The Copyright and Performance Rights (Amendment) Act, 2010 (Act 25 of 2010) came into force on 16 August 2010. From the available text of the amendment (visible on ICT Policy Africa), the 2010 amendment primarily strengthened enforcement provisions, adding new offences including unlawful re-transmission/re-broadcasting, unlawful access to television signals, synchronisation of music and visual works without consent, and increased penalties. The amendment also added provisions on infringing computer programs and musical/visual compilations. The fair dealing exception in Section 21(1)(a) for private study or research, the library exception in Section 22, and the personal/private use exception in Section 24 appear to remain unchanged in the consolidated text on ZambiaLII (which incorporates the 2010 amendments). The overall classification remains GREEN based on the continuing availability of the Section 21 fair dealing exception for research, which covers dealing (any exclusive right) with nearly all work types by any user.
Exceptions considered
Fair dealing for private study or research — unchanged by 2010 amendment. Covers literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, cable programmes. Excludes computer programs.
Library/archive reproduction — unchanged by 2010 amendment.
Personal and private use reproduction — unchanged by 2010 amendment. Excludes architecture, reprographic reproduction of whole books/musical notation, databases in digital form.
Source links
Copyright and Performance Rights Act, 1994 (Chapter 406, as amended through Act 25 of 2010)
Current law confirmation · Effective 2010-08-16
100%
Relevant section: Section 21(1)(a), Section 22, Section 24
Dates: Effective 2010-08-16
Why this score
As of 2025, the Copyright and Performance Rights Act, 1994 (Chapter 406), as amended by Act 25 of 2010, remains the copyright law in force in Zambia. No further amendments to the Act have been identified via web search. The most permissive research-relevant exception is Section 21(1)(a), which provides fair dealing for 'private study or research.' Analysis of the three dimensions: (1) Uses: 'Fair dealing' covers any exclusive right — reproduction, communication, distribution, etc. — not only reproduction. This is the standard Commonwealth interpretation of 'dealing.' (2) Works: The exception covers literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, and cable programmes — essentially all major categories of copyrighted works except computer programs (excluded by Section 21(2)). The exclusion of computer programs is narrow and does not prevent the exception from covering the vast majority of works. (3) Users: The exception is open to any user. 'Private study or research' lists two purposes; 'private' modifies 'study' but 'research' stands as an independent purpose open to any person. There is no restriction to individuals, institutions, or non-commercial use in the text. The exception permits full-work dealing for research across nearly all work types by any user, warranting GREEN. Classification-neutral factors (non-commercial restrictions, copy limits, remuneration, lawful access) were not factored into the decision. No TDM-specific exception exists in Zambian law as of 2025.
Exceptions considered
Fair dealing with literary, musical, artistic works, audiovisual works, sound recordings, broadcasts, cable programmes for purposes of private study or research. Excludes computer programs (s.21(2)). Open to any user, covers any exclusive right ('dealing').
Reproduction by librarian or archivist of non-profit library or archival institution, isolated reproduction on separate/unrelated occasions, subject to ministerial conditions.
Reproduction for personal and private use. Excludes: (a) architecture in form of building/structure; (b) reprographic reproduction of whole or substantial part of book or musical notation; (c) whole or substantial part of database in digital form.
Inclusion of not more than two short passages from a work in a collection designed for educational institutions.
Original text
21. (1) Fair dealing with a literary, musical or artistic work, an audiovisual work, a sound recording, a broadcast or a cable programme for the purposes of— (a) private study or research; (b) criticism or review of that work or of another work; or (c) the reporting of current events— (i) in a newspaper, magazine or similar periodical; or (ii) by means of a broadcast or a cable programme; shall not constitute an infringement of copyright in the work. (2) The provisions of subsection (1) shall not apply in relation to a computer program.