COPYRIGHT  ACT , 2014
(Act 5 of 2014)
ARRANGEMENT  OF SECTIONS
Sections
PART I 
 PRELIMINAR Y
1. Short title and commencement
2. Application
3. Interpretation 
PART II
COPYRIGHTS
4. Works protected 
5. Derivative works 
6. Subject matters not protected 
7. Economic rights 
8. Moral rights  
9. Private reproduction for personal purposes 
10. Temporary reproduction 
11. Quotation
12. Reproduction and other utilisation for teaching
13. Reproduction by libraries and archives
14. Reproduction, broadcasting and other communication to public for 
informatory purposes
15. Reproduction and adaptation of computer programs
16. Visually impaired persons
17. Ephemeral recordings
18. Use for public security and for performance or reporting of 
proceedings
19. Duration of copyright
20. Original ownership of economic rights
21. Presumption of authorship, producers of audio-visual works and 
publications
22. Assignment and licensing of economic rights(d) the Registrar of Copyrights appointed under 
the repealed Act shall be deemed to be the 
Registrar for the purposes of this Act, until 
the expiry of his or her term of office or a 
Registrar is appointed under this Act, 
whichever is earlier; and
(e) any penalty, forfeiture or punishment 
incurred in respect of any offence committed 
under the repealed Act shall continue to be 
enforceable as if this Act had not been 
enacted.
I certify that this is a correct copy of the Bill which was 
passed by the National Assembly on 1st April, 2014.
        
  Luisa Waye-Hive
  Deputy Clerk [21st April 2014] Supplement to Official Gazette 43 78 Supplement to Official Gazette [21st April 2014]
PART III
PROTECTION OF  PERFORMERS, PRODUCERS OF  
PHONOGRAMS AND BROADCASTING ORGANISA TIONS
23. Rights of performers
24. Rights of phonograms producers
25. Equitable remuneration for use of phonograms
26. Rights of broadcasting or ganisations
27. Limitations on protection
PART IV
VOLUNT ARY REGISTRA TION OF  COPYRIGHTS
28. Voluntary registration of copyrights
PART V
ENFORCEMENT  OF RIGHTS
29.  Provisional measures
30. Civil remedies
31. Offences and penalties
32. Technological protection measures 
33. Protection of rights management information 
34. Prohibited acts deemed to be infringement of rights 
PART VI
MISCELLANEOUS
35. Scope of application of copyrights 
36. Scope of application of related rights
37. Regulations 
38. Repeal and savingsheadquarters of which are situated in 
Seychelles; and
(b) broadcas ts transmit ted from transmit ters 
situated in Seychelles.
(4) Section 25(3) applies to program-carrying signals 
the originating organisation of which is situated in Seychelles.
(5) The provisions in this Act shall also apply to 
performers, producers of phonograms, broadcasting 
organisations and originating organisations, as defined in 
section 25(3), that are eligible for protection by virtue of and in 
accordance with any international convention, treaty or other 
agreement to which Seychelles is party .
37. The Minister may make regulations for carrying out 
the provisions of this Act, which may include any matter which 
is to be or may be prescribed under this Act.
38.(1) The Copyright Act (Cap 58) is hereby repealed.
(2) Notwithstanding the repeal of the Copyright Act, ––
(a) the copyrights registered under the 
provisions of the repealed Act shall be 
deemed to be the copyrights protected under 
this Act;
(b) the licences or authorisation granted under 
the repealed Act shall continue to operate as 
licences or authorisation, as the case may be, 
for the purposes of this Act, until the 
expiration or revocation of such licence or 
authorisation;
(c) any right, privilege, obligation or liability 
acquired, accrued or incurred under the 
repealed Act shall continue to subsist; Regulations
Repeal and
savings[21st April 2014] Supplement to Official Gazette 77 44 Supplement to Official Gazette [21st April 2014]COPYRIGHT  ACT , 2014
(Act 5 of 2014)
AN ACT  to consolidate and amend the law relating to 
copyrights so as to give effect to the provisions of the World 
Trade Or ganisation's Agreement on Trade-Related Aspects of 
Intellectual Property Rights, 1994 and to repeal and replace the 
Copyright Act and for matters connected therewith or 
incidental thereto.
ENACTED  by the President and the National Assembly .
PART I 
PRELIMINAR Y
1. This Act may be cited as the Copyright Act, 2014 
and shall come into operation on such date as the Minister may, 
by Notice published in the Gazette , appoint. 
 
 
 
Short title and 
commencement(2) The provisions of this Act shall also apply to works 
that are eligible for protection in Seychelles by virtue of and in 
accordance with any international convention, treaty or 
agreement to which Seychelles is party .
36.(1) The provisions of this Act on the protection of 
performers shall apply to ––
(a) performers who are nationals of, or have 
their habitual residence in, Seychelles; and
(b) performers who are not nationals of 
Seychelles but whose performances ––
(i) take place on the territory of 
Seychelles;  
(ii) are incorporated in phonograms that 
are protected under this Act;  or
(iii) have not been fixed in a phonogram but 
are included in broadcasts qualifying 
for protection under this Act.
(2) The provisions of this Act on the protection of 
phonograms shall apply to ––
(a) phonograms the producers of which are 
nationals of, or have their habitual residence 
in, Seychelles;
(b) phonograms first fixed in Seychelles;  and
(c) phonograms first published in Seychelles. 
(3) The provisions of this Act on the protection of 
broadcasts shall apply to ––
(a) broadcasts of broadcasting organisations the Scope of
application of
related rights
 
 
 I assent
J. A. Michel
President
15th April, 2014
[21st April 2014] Supplement to Official Gazette 45 76 Supplement to Official Gazette [21st April 2014]
2.(1) The provisions of this Act shall apply to works, 
performances, phonograms and broadcasts created before or 
after the commencement of  this Act, provided that the period 
of protection had not expired under the laws of Seychelles or 
the laws of the country of origin of such works, performances, 
phonograms or broadcasts that are to be protected under an 
international treaty to which the Republic of Seychelles is a 
party .  
(2) The provisions of this Act shall not affect contracts 
on works, performances, phonograms and broadcasts 
concluded before the commencement of this Act.
3. In this Act, unless the context otherwise requires, ––
“audio-visual work” means a work that consists of 
a series of related images which impart the 
impression of motion, with or without 
accompanying sounds, susceptible of being made 
visible, and where accompanied by sounds, 
susceptible of being made audible;
“author” means the natural person who has created 
the work;
“broadcasting” means the communication of a 
work, a performance or a phonogram to the public 
by wireless transmission, including transmission 
by satellite;
“circumvent technological protection measures” 
means to avoid, bypass, remove, deactivate, or 
impair  these measures, including descrambling a 
scrambled work or object of related right or 
decrypting an encrypted work or object of related 
right;
“communication to the public” means the 
transmission by wire or by wireless means of a other subject-matter protected under this Act 
from which electronic rights management 
information has been removed or altered 
without the authorisation of the rights owner ,
when such act will induce, enable, facilitate or conceal an 
infringement of any rights covered by this Act.
(2) Subsection (1) does not prohibit any governmental 
activities for public policy or security authorised by a written 
law.
34. The acts prohibited under section 26(3) and 
sections 32 and 33 shall be deemed to be an infringement of 
rights protected under this Act, for the purposes of sections 29, 
30 and 31.
PART VI
MISCELLANEOUS
35.(1) The provisions of this Act on the protection of 
literary and artistic works shall apply to ––
(a) works of authors who are nationals of, or 
have their habitual residence in, Seychelles;
(b) works first published in Seychelles, and 
works first published in another country and 
also published in Seychelles within thirty 
days, irrespective of the nationality or 
residence of the authors;
(c) audio-visual works, the producer of which 
has his or her headquarters or habitual 
residence in Seychelles;  and
(d) works of architecture erected in Seychelles 
and other artistic works incorporated in a 
building or other structure located in 
Seychelles .Application
InterpretationProhibited acts
deemed to be
an infringement
of rights
Scope of
application of
copyrights[21st April 2014] Supplement to Official Gazette 75 46 Supplement to Official Gazette [21st April 2014]work, a performance, a phonogram or a broadcast in 
such a way that it can be perceived by persons 
outside the normal circle of a family and its closest 
social acquaintances at a place or places so distant 
from the place where the transmission originates 
that, without the transmission, the work, 
performance, phonogram or broadcast would not be 
perceivable, including the making available of the 
work or other protected subject matter in such a way 
that members of the public may access it from a 
place and at a time individually chosen by them;
“computer” means an electronic or similar device 
having information-processing capabilities;
“computer program” is a set of instructions 
expressed in words, codes, schemes or in any other 
form, which is capable, when incorporated in a 
medium that the computer can read, of causing a 
computer to perform or achieve a particular task or 
result; 
“distribution” means putting into public circulation 
the original or a copy of a work, a fixation of a 
performance or a phonogram in tangible form 
through sale or other transfer of ownership, 
including importing for the purpose of such putting 
into circulation and public offering for sale and 
other transfer of ownership;
“fixation” means the embodiment of sounds, 
images or both or of the representations thereof, 
from which they can be perceived, reproduced or 
communicated through a device;
“folklore” means all ancient literary , artistic or 
musical works created in Seychelles, passed from 
generation to generation and constituting a basic 
element of the cultural heritage of Seychelles;(ii) have a limited commercially 
significant purpose or use other than to 
circumvent effective technological 
protection measures; or
(iii)are primarily designed, produced, 
adapted or performed for the purpose of 
enabling or facilitating the 
circumvention of effective technological 
protection measures.
(2) Technological protection measures referred to in 
subsection (1), are “effective” where the use of a work or object 
of related right protected under this Act is controlled by the 
rights holder through application of an access control or 
protection process, such as encryption, scrambling or other 
transformation of the work or other subject-matter , or a copy 
control mechanism which, in the normal course of its 
operation, achieves the protection objective.
(3) Notwithstanding subsection (1), upon the request 
by the beneficiary of an exception or limitation in accordance 
with sections 12, 13, 15, 16, 17 or 18, the Registrar or the court, 
as the case may be, may order that the necessary means be 
made available to the extent required to benefit from it.
(4) The provisions of subsection (3) shall not apply to 
works or other subject matters made available to the public on 
agreed contractual terms in such a way that members of the 
public may access them from a place and at a time individually 
chosen by them. 
33.(1) It is prohibited to ––
(a) remove or alter any electronic rights 
management information without the 
consent of the rights holder , or
(b) distribute, import for distribution, broadcast 
or communicate to the public of works or Protection of
rights
management
information[21st April 2014] Supplement to Official Gazette 47 74 Supplement to Official Gazette [21st April 2014]“infringement” means any act that violates any 
rights protected under this Act;
“Minister” means the Minister responsible for 
culture;
“owner of copyright” means ––
(i) where the economic rights are vested in the 
author , the author;
(ii) where the economic rights are originally 
vested in a natural person other than the 
author or in a legal entity , that person or 
entity; or
(iii) where the ownership of the economic rights 
has been transferred to a natural person or 
legal entity , that person or entity;
“performers” means singers, musicians, and other 
persons who sing, deliver , declaim, play in, or 
otherwise perform literary and artistic works or 
traditional cultural expressions or expressions of 
folklore;
“phonogram” means the fixation of the sounds of a 
performance or of other sounds, or of a 
representation of sounds, other than in the form of a 
fixation incorporated in a cinematographic or other 
audio-visual work;
“photographic work” means a recording of light or 
other radiation on any medium on which an image 
is produced or from which an image may be 
produced, irrespective of the technique (chemical, 
electronic or other) by which such recording is 
made;  a still picture extracted from an audio-visual 
work shall not be considered a “photographic 
work” but a part of the audio-visual work 
concerned;of distribution, unless this would be out of proportion to the 
seriousness of the infringement.
31.(1) A person who willfully and on a commercial scale 
infringes any reproduction rights protected under this Act, 
commits an offence and shall on conviction be liable to 
imprisonment for a term not exceeding five years or with a fine 
not exceeding SCR50,000 or with both such imprisonment and 
fine.
 
(2) The court may, in fixing the amount of fine under 
subsection (1),  take into account the profits or loss attributable 
to the infringement.
(3) Where a person is convicted for a second or 
subsequent offence committed within five years of a previous 
conviction under this section, the person shall be liable to 
imprisonment for a term not exceeding ten years or with a fine 
not exceeding SCR100,000 or with both such imprisonment 
and fine. 
(4) The court may apply the measures and remedies 
referred to in section 29(1)(b) and (2) and section 30(5), (6) and 
(7).
32.(1) It is prohibited to ––
(a) circumvent effective technological 
protection measures; or
(b) produce, import, distribute, sell, rent, 
advertise for sale or rental, or possess 
devices, products, components or services 
for commercial purposes, which ––
(i) are promoted, advertised or marketed 
for the purpose of circumventing 
effective technological protection 
measures;Offences and
penalties
Technological
protection
measures[21st April 2014] Supplement to Official Gazette 73 48 Supplement to Official Gazette [21st April 2014]“producer” of an audio-visual work or a phonogram 
means the natural person or legal entity that 
undertakes the initiative and responsibility for the 
making of the audio-visual work or phonogram;
“public performance” means ––
(i) in the case of a work other than an audio-
visual work, the recitation, playing, dancing, 
acting or otherwise performing the work, 
either directly or by means of any device or 
process;
(ii) in the case of an audio-visual work, the 
showing of images in sequence and the 
making of accompanying sounds audible;  or
(iii) in the case of a phonogram, making the 
recorded sounds audible,
at a place or places where persons outside the 
normal circle of the family and its closest 
acquaintances are or can be present;
“publication” and “published” in respect of a work, 
or a phonogram, is the making of tangible copies 
available to the public in a reasonable quantity for 
sale, rental, public lending or for other transfer of 
the ownership or the possession of the copies, 
provided that, in the case of a work, the making 
available to the public took place with the consent 
of the author or other owner of copyright, and in the 
case of a phonogram, a fixation of a performance 
with the consent of the producer of the phonogram 
or his successor in title;
“Registrar” means the Registrar of Copyrights 
appointed under section 28(1);(a) of damages for the prejudice suffered as a 
consequence of the act of infringement; and 
(b) of expenses caused by the infringement, 
which may include legal costs.  
(3) The amount of damages referred to under 
subsection (2)(a) shall be determined taking into account the 
economic and moral prejudice suffered by the owner of the 
rights.  
(4) The court may, while determining damages under 
subsection (2)(a), order the recovery of profits from the 
infringer , even when the infringer did not know or had no 
reasonable grounds to know that he was engaged in infringing 
activity .
(5) Where goods have been found to be infringing 
copies, the court may, taking into account the need for 
proportionality between the seriousness of the infringement 
and the remedy the legitimate interests of third party , order the 
destruction or other reasonable disposition of infringing copies 
and their packaging, without payment of compensation, in 
such a manner as the court considers appropriate, as to avoid 
any harm to the rights owner .
(6) The court may, taking into account the conditions 
set out in sub-section (2), order , without payment of 
compensation of any sort, the destruction or other reasonable 
disposition of materials and implements the predominant use 
of which has been the making of infringing copies, in such 
manner as the court considers appropriate, as to minimise the 
risks of continuing or subsequent infringements.
(7) The court may, if it considers appropriate, order the 
infringer to inform the rights owner of the identity of third 
persons involved in the production and distribution of the 
infringing goods or rendering of services, and of their channels [21st April 2014] Supplement to Official Gazette 49 72 Supplement to Official Gazette [21st April 2014]“rental” means the transfer of the possession of the 
original or a copy of a work or phonogram for a 
limited period of time for profit-making purposes;
“reproduction” means the making of one or more 
copies of a work or phonogram in any manner or 
form, including any permanent or temporary 
storage of the work or phonogram in electronic 
form;
“rights” means legal rights granted with the aim to 
protect the creations of the author or creator of a 
work, performance, phonogram or broadcast;
“rights managemen t informat ion” means any 
information  that identifies the author , the work, the 
performer , the performance of the performer , the 
producer of the phonogram, the phonogram, the 
broadcaster , the broadcast, the owner of any right 
under this Act, or information about the terms and 
conditions of use of the work, the performance, the 
phonogram or the broadcast, and any numbers or 
codes that represent such information, when any of 
these items of information is attached to a copy of a 
work, a fixed performance, a phonogram or a fixed 
broadcast, or appearance in connection with the 
broadcasting, communication to the public or 
making available to the public of a work, a fixed 
performance, a phonogram or a broadcast;
“technological protection measures” means any 
technology , device or component that, in the 
normal course of operation, is designed to prevent 
or restrict acts, in respect of works or objects of 
related rights, which are not authorised by the 
rights holder;
“traditional cultural expressions” or “expressions 
of folklore” means any forms, whether tangibl e or (b) seize and take possession of any relevant 
copies of works or phonograms and their 
packaging; and
(c) where necessary , use reasonable force to 
enter the locality , premises or place.
(4) Where authorised by a warrant issued by the court, 
the police officer or any other officer as well as any person 
required to assist him or her, may —
(a) seize any of the copies of works or 
phonograms and their packaging in custody 
or possession of any person;
(b) with a view to seize the works or phonograms 
and their packaging —
(i) break open any building or room of the 
premises or place where the copies of 
works or phonograms and their 
packaging is believed to be found; and
(ii) take poss ession of the copies of works 
or phonograms and their packaging 
found in the building, room or 
receptacle.
30.(1) Where an act has been found to be an infringement 
of any rights protected under this Act, the court may, on an 
application made by the rights owner , order the infringer to 
desist from such act.
(2) The owner of any rights protected under this Act 
shall be entitled to payment, by the infringer who has 
knowingly or with reasonable grounds to know infringed his 
rights, ––Civil
remedies[21st April 2014] Supplement to Official Gazette 71 50 Supplement to Official Gazette [21st April 2014]intangible, in which traditional culture and 
knowledge are expressed, appear or are manifested, 
and comprise the following forms of expressions or 
combinations thereof ––
(i) verbal expressions, such as stories, epics, 
legends, poetry , riddles and other narratives;  
words, signs, names, and symbols;
(ii) musical expressions, such as songs and 
instrumental music;
(iii) expressions by action, such as dances, plays, 
ceremonies, rituals and other performances, 
whether or not reduced to a material form; or
(iv) tangible expressions, such as productions of 
art, in particular, drawings, designs, 
paintings (including body-painting), 
carvings, sculptures, pottery, terracotta, 
mosaic, woodwork, metalware, jewelry, 
baskets, needlework, textiles, glassware, 
carpets, costumes, handicrafts, musical 
instruments,  and architectural forms, which 
are ––
(a) the products of creative intellectual 
activity, including individual and 
communal creativity;
(b) characteristic of a community's cultural 
and social identity and cultural 
heritage;  or
(c) maintained, used or developed by such 
community , or by individuals having 
the right or responsibility to do so in 
accordance with the customary law and 
practices of that community;PART V
ENFORCEMENT  OF RIGHTS
29.(1) On an application made by the rights owner , the 
court may, on such terms as it may deem reasonable ––
(a) grant preliminary injunctions to prohibit the 
committing, or continuation of committing, 
of infringement of any rights protected under 
this Act;
(b) order the preliminary impounding of copies 
of works or phonograms and their packaging 
suspected of being made or imported without 
the authorisation of the owner of any rights 
protected under this Act where the making or 
importation of copies is subject to such 
authorisation, as well as the impounding of 
materials and implements suspected of 
having been predominantly used for the 
making of such copies; or
(c) order prompt and effective provisional 
measures to preserve relevant evidence in 
regard to an alleged infringement.
(2) Notwithstanding any other written law, the court 
may issue a search warrant where there is reason to believe that 
copies of works or phonograms and their packaging suspected 
of being made or imported without the authorisation of the 
owner of any rights protected under this Act, is concealed in any 
premises or place.
(3) The warrant under subsection (2) may authorise any 
police officer or any other officer as well as any person required 
to assist him or her, to —
(a) enter and search any premises or place;Provisional
measures[21st April 2014] Supplement to Official Gazette 51 70 Supplement to Official Gazette [21st April 2014]“work” means any literary or artistic work under 
sections 4(1) and 5(1), but does not include 
folklore;
“work of applied art” means an artistic creation 
with utilitarian functions or incorporated in a useful 
article, whether made by hand or produced on an 
industrial scale;
“work of joint authorship” means a work to the 
creation of which two or more authors have 
contributed.
PART II
COPYRIGHTS
4.(1) Literary and artistic works (hereinafter referred to 
as “works”) are original intellectual creations in the literary 
and artistic domain, including in particular ––
(a) books, pamphlets, articles and other 
writings;
(b) speeches, lectures, addresses, sermons and 
other oral works;
(c) dramatic, dramatico-musical works, 
pantomimes, choreographic works and other 
works created for stage productions;
(d) musical works, with or without 
accompanying words;
(e) audio-visual works;
(f) works of architecture;
(g) works of drawing, painting, sculpture, 
engraving, lithography , tapestry and other 
works of fine art;(d) cases where, under Part II, a work can be 
used without the authorisation of the author 
or other owner of copyright.
PART IV
VOLUNT ARY REGISTRA TION OF  COPYRIGHTS
28.(1) The President may, by notice in the Gazette, 
appoint a Registrar of Copyrights who shall cause a Copyrights 
Register to be established and maintained.
(2) The owner of the copyright in a work may apply to 
the Registrar for registration of the copyright in such manner 
and with such fee and other documentation or information as 
may be prescribed by regulation.
(3) If the Registrar is satisfied that the applicant is the 
owner of the copyright in the work  the Registrar shall register 
him or her in the Copyright Register as the registered owner of 
that registered copyright.
(4) Where a person claims that he or she and not the 
registered owner is the owner of a registered copyright, he may 
apply to the Supreme Court to be registered as owner in the 
Copyright Register in place of the then registered owner .
(5) Without prejudice to this section or to any question 
or action about whether copyright subsists in the work, only the 
registered owner is deemed for the purposes of this Act to be 
the owner of a registered copyright.
(6) The registered owner of a registered copyright may 
register in the Copyright Register any agreement, contract, 
assignment, licence or document relating to or dealing with the 
registered copyright.
(7) An agreement, contract, assignment, licence or 
document relating to or dealing with a registered copyright is 
admissible in evidence in a criminal trial or proceeding, 
notwithstanding that it is not registered under subsection (1).Works
protectedVoluntary
registration of
copyrights[21st April 2014] Supplement to Official Gazette 69 52 Supplement to Official Gazette [21st April 2014](h) photographic works;
(i) works of applied art;
(j) computer programs; and
(k) illustrations, maps, plans, sketches and three-
dimensional works relative to geography , 
topography , architecture or science.
(2) Works shall be protected, when they are fixed or 
otherwise reduced to material form, irrespective of their mode 
or form of expression or their content, quality or purpose.
5.(1) The following shall also be protected as works ––
(a) translations, adaptations, arrangements and 
other transformations or modifications of 
works or traditional cultural expressions or 
expressions of folklore; and
(b) collections of works, collections of data 
(databases), whether in machine readable or 
other form, and collections of traditional 
cultural expressions or expressions of 
folklore, provided that such collections are 
original by reason of the selection or 
arrangement of their contents.
(2)The protection of a work referred to in 
subsection (1) shall be without prejudice to the protection 
of a pre-existing work or traditional cultural expression or 
expression of folklore incorporated in or utilised for the 
making of such work.
6. Notwithstanding the provisions of sections 4 and 5, 
no protection shall extend under this Act to ––
(a) any idea, procedure, system, method of 
operation, concept, principle, discovery or 26.(1) A broadcasting organisation shall have the 
exclusive right to carry out or to authorise any of the following 
acts ––
(a) the rebroadcasting of its broadcast;
(b) the communication to the public of its 
broadcast;
(c) the fixation of its broadcast; or
(d) the reproduction of a fixation of its 
broadcast.
(2) The rights under this section shall be protected 
from the moment when the broadcasting takes place until the 
end of the fiftieth calendar year following the year in which the 
broadcast takes place.
(3) Any program-carrying signals transmitted by 
satellite which are not intended for direct reception by the 
public, but for simultaneous or subsequent broadcasting or 
cable distribution by an authorised receiving organisation, 
may not be broadcast or communicated to the public by any 
person without authorisation of the person or legal entity that 
decided what program the emitted signal would carry .
27. Sections 23, 24, 25 and 26 shall not apply where, 
without commercial advantage, the acts referred to in those 
sections are related to ––
(a) using short excerpts for reporting current 
events to the extent justified by the purpose 
of providing current information;
(b) reproduction solely for scientific research;
(c) reproduction solely for the purpose of face-
to-face or distance teaching activities, except 
for performances and phonograms which 
have been published as teaching or 
instructional materials; orDerivative
works
Subject
matters not
protectedRights of
broadcasting
organisations
Limitations
on protection[21st April 2014] Supplement to Official Gazette 53 68 Supplement to Official Gazette [21st April 2014]mere data, even if expressed, described, 
explained, illustrated or embodied in a work;
(b) news of the day or miscellaneous facts 
having the character of mere items of press 
information; or
(c) political speeches and speeches delivered in 
the course of legal proceedings.
7.(1) The author or other owner of the copyright shall 
have the exclusive right to undertake or to authorise the 
following acts in relation to the work ––
(a) reproduction of the work;
(b) translation of the work;
(c) adaptation, arrangement or other 
transformation of the work;
(d) distribution of the original or a copy of the 
work to the public;
(e) rental of the original or a copy of an audio-
visual work, a work embodied in a 
phonogram or a computer program;
(f) public performance of the work;
(g) broadcasting of the work; or
(h) other communication to the public of the 
work.
(2) The right of distribution under  subsection (1)(d) 
does not apply to the original or a copy of the work that has 
already been subject to a sale or other transfer or ownership, in 
any country or territory , authorised by the owner of copyright.has already been subject to a sale or other transfer of ownership 
in a country or territory , other than Seychelles, authorised by 
the producer . 
(3) The rights under subsection (1) shall be protected 
from the publication of the phonogram until the end of the 
fiftieth calendar year following the year of publication or, if the 
phonogram has not been published from the fixation of the 
phonogram until the end of the fiftieth calendar year, following 
the year of fixation.
25.(1) If a phonogram published for commercial purposes, 
or a reproduction of such phonogram, is used directly for 
broadcasting or other communication to the public, or is 
publicly performed, a single equitable remuneration for the 
performer or performers and the producer of the phonogram 
shall be paid by the user to the producer .
(2) Unless otherwise agreed between the performers 
and the producer , half of the amount re ceived by the producer 
under subsection (1) shall be paid by the producer to the 
performer or performers.
(3) The right to an equitable remuneration under this 
section shall subsist from the date of fixation of the 
performance until the end of the fiftieth calendar year 
following the year of fixation of the performance, provided that 
the phonogram is still protected under section 24(3).
(4) For the purposes of this section, phonograms that 
have been made available to the public by wire or wireless 
means in such a way that members of the public may access 
them from a place and at a time individually chosen by them 
shall be considered as if they have been published for 
commercial purposes.
(5) Subsection (1) does not apply to the extent that the 
use of the phonogram is covered by an exclusive right under 
section 23(1)(f) or section 24(1)(d).Economic
rights Equitable
remuneration
for use of
phonograms[21st April 2014] Supplement to Official Gazette 67 54 Supplement to Official Gazette [21st April 2014](3) The right of rental under subsection (1)(e) does not 
apply to rental of computer programs where the program itself 
is not the essential object of the rental.
8.(1) The author of a work shall, independently of his or 
her economic rights, and even where he or she is no longer the 
owner of the said rights, have the following moral rights ––
(a) to have his or her name indicated 
prominently on the copies and in connection 
with any public use of his work, as far as 
practicable; 
(b) to not have his or her name indicated on the 
copies and in connection with any public use 
of his or her work or the right;
(c) to use a pseudonym; and
(d) to object to any distortion, mutilation or other 
modification of, or other derogatory action in 
relation to his or her work which would be 
prejudicial to his or her honor or reputation.
(2) The rights mentioned in subsection (1) shall not be 
transferable during the life of the author , but the right to 
exercise any of such rights may be transferred by testamentary 
disposition or by operation of law following the death of the 
author .
(3) The author may waive any of the moral rights 
mentioned in subsection (1), provided that such a waiver is in 
writing and clearly specifies the right or rights waived and the 
circumstances in which the waiver applies.
(4) The author , while exercising the waiver of the right 
under subsection (1)(c), shall specify the nature and extent of 
the modification or other action in respect of which the right is 
waived.  (4) The performer shall, independently of his or her 
economic rights and even after the transfer of those rights, have 
the right to claim to be identified as the performer of his or her 
performances, except where omission is dictated by the 
manner of the use of the performance, and to object to any 
distortion, mutilation or other modification of his or her 
performances that would be prejudicial to his or her reputation. 
(5) Any modifications consistent with the normal 
exploitation of a performance in the course of a use authorised 
by the performer shall not be considered prejudicial to the 
performer's reputation and the provisions of section 8 (2) and 
(3) shall apply , mutatis mutandis , to the rights under this 
subsection.
(6) The rights under this section shall be protected until 
the end of the fiftieth calendar year following the year in which 
the performance took place.
24.(1) A producer of a phonogram shall have the exclusive 
right to carry out or to authorise any of the following acts ––
(a) the direct or indirect reproduction of the 
phonogram, in any manner or form;
(b) the distribution of the original or copies of 
the phonogram to the public;
(c) the rental of a copy of the phonogram to the 
public; or
(d) the making available to the public of the 
phonogram, by wire or wireless means, in 
such a way that members of the public may 
access it from a place or at a time individually 
chosen by them.
(2) The right of distribution under subsection (1)(b) 
shall not apply to the original or the copy of the phonogram that Moral rights
Rights of
phonogram
producers[21st April 2014] Supplement to Official Gazette 55 66 Supplement to Official Gazette [21st April 2014](5) Upon the death of the author , the natural person or 
legal entity upon whom or which the moral rights have 
devolved shall have the right to waive the said rights.
9.(1) Subject to the provisions of subsection (2), the 
private reproduction of a published work in a single copy shall 
be permitted without the authorisation of the author or other 
owner of copyright, where the reproduction is made by a 
natural person exclusively for his or her own personal 
purposes.
(2) The provisions of subsection (1) shall not extend to 
reproduction ––
(a) of a work of architecture in the form of 
building or other construction;
(b) in the form of reprography of the whole or of 
a substantial part of a book or of a musical 
work in the form of notation;
(c) of the whole or of a substantial part of a 
database in digital form;
(d) of a computer program, except as provided in 
section 15;  and
(e) of any work in cases where reproduction 
would conflict with a normal exploitation of 
the work or would otherwise unreasonably 
prejudice the legitimate interests of the 
author or other owner of the copyright.
10. The temporary reproduction of a work shall be 
permitted if all the following conditions are met ––
(a) the reproduction is made in the process of a 
digital transmission of the work or an act of 
making a digitally stored work perceptible;(ii) is a rebroadcasting made or authorised 
by the organisation initially 
broadcasting the performance;
(b) the fixation of his or her unfixed 
performance;
(c) the direct or indirect reproduction of a 
fixation of his or her performance, in any 
manner or form;
(d) the distribution of a fixation of his or her 
performance, or of copies thereof, to the 
public;
(e) the rental to the public of a fixation of his or 
her performance, or copies thereof; or
(f) the making available to the public of his or 
her fixed performance, by wire or wireless 
means, in such a way that members of the 
public may access them from a place or at a 
time individually chosen by them.
(2) Once the performer has authorised the 
incorporation of his or her performance in an audio-visual 
fixation, he or she shall, in the absence of contractual 
provisions to the contrary , be deemed to have assigned his or 
her exclusive economic rights with respect to that fixation to its 
producer and the provisions of subsection (1) shall cease to 
apply . 
(3) The right of distribution under subsection (1)(d) 
shall not apply to a copy of a fixation of his or her performance 
that has already been subject to a sale or other transfer of 
ownership in a country or territory , other than Seychelles, 
authorised by the performer .Private
reproduction
for personal
purposes
Temporary
reproduction[21st April 2014] Supplement to Official Gazette 65 56 Supplement to Official Gazette [21st April 2014](b) it is caused by a person or entity that, by way 
of authorisation by the owner of copyright or 
of operation of law, is entitled to make that 
transmission or making perceptible of the 
work;  and
(c) it is an accessory to that transmission or 
making perceptible, that occurs during the 
normal operation o f the equipment us ed and 
entails the automatic deletion of the copy 
without enabling the retrieval of the work for 
any other purpose than those, referred to in 
paragraphs (a) and (b).
11.(1) The quotation from a work that has lawfully been 
made available to the public shall be permitted without 
authorisation of the author or other owner of copyright, 
provided that the quotation is compatible with fair practice and 
does not exceed the extent justified by the purpose.  
(2) The quotation shall be accompanied by an 
indication of source and the name of the author , if the name 
appears in the source from which the quotation is taken.
12.(1) The following acts shall be permitted without 
authorisation of the author , or other owner of copyright ––
(a) the utilisation by way of illustration for the 
purposes of teaching or scientific research of 
a work that has lawfully been made available 
to the public, in publications, broadcasting or 
sound or visual recordings, provided that 
such utilisation is compatible with fair 
practice and does not exceed the extent 
justified by the purpose;
(b) the utilisation by way of making available of 
such works in computer networks, provided 
that access to the works is only available to 
enrolled pupils or students and their teachers;appears on the work shall, in the absence of proof to the 
contrary , be presumed to represent the author and, in this 
capacity , shall be entitled to exercise and enforce the moral and 
economic rights of the author .  
(5 The presumption under subsection (4) shall cease to 
apply when the author reveals his or her identity . 
22.(1) The economic rights in a work shall be assignable 
in whole or in part.
(2) An assignment of an economic right, and any 
exclusive licence to do an act subject to authorisation by the 
author or other owner of copyright, shall be in writing signed 
by the assignor and the assignee, or by the licensor and the 
licensee.
(3) An assignment in whole or in part of any economic 
right, or a licence to do an act subject to authorisation by the 
author or other owner of copyright, shall not include or be 
deemed to include the assignment or license of any other rights 
not explicitly referred to therein.
PART III
PROTECTION OF  PERFORMERS, PRODUCERS OF  
PHONOGRAMS AND BROADCASTING 
ORGANISA TIONS
23.(1)  A performer shall have the exclusive right to carry 
out or to authorise any of the following acts ––
(a) the broadcasting or other communication to 
the public of his or her performance, except 
where the broadcasting or the other 
communication ––
(i) is made from a fixation of the 
performance which the performer has 
authorised to be made; orQuotation
Reproduction
and other
utilisation for 
teachingAssignment
and licensing
of economic
rights
Rights of
performers[21st April 2014] Supplement to Official Gazette 57 64 Supplement to Official Gazette [21st April 2014](c) the reprographic reproduction, for face-to-
face teaching in educational institutions the 
activities of which do not serve direct or 
indirect commercial gain, of published 
articles, other short works or short extracts of 
works, to the extent justified by the purpose, 
provided that ––
(i) the reproduction of any particular work 
is an isolated act occurring, if repeated, 
on separate and unrelated occasions; 
(ii) not more than a single copy for each 
pupil or student and the teacher is 
made; and
(iii) there is no collective licence available 
(that is, offered by a collective 
administration organisation of which 
the educational institution is or should 
be aware) under which such 
reproduction can be made.
(2) The source of the work and the name of the author 
shall be indicated as far as practicable on all copies made under 
subsection (1) or otherwise in reasonable connection with the 
work.
13. A library or archive whose activities do not serve 
direct or indirect gain may, without the authorisation of the 
author or other owner of copyright, make a single copy of a 
work ––
(a)by reprographic reproduction where the work 
reproduced is a published article, other short 
work or short extract of a work, and where the 
purpose of the reproduction is to satisfy the 
request of a person, provided that ––(2) In respect of a work of joint authorship, the co-
authors shall be the original owners of the economic rights.  
(3) In case a work of joint authorship consists of parts 
that can be used separately and the author of each part can be 
identified, the author of each part shall be the original owner of 
the economic rights in the part that he or she has created.
(4) In respect of a work created by an author , employed 
by a natural person or legal entity , in the course of his or her 
employment, the original owner of the economic rights shall 
be, unless provided otherwise in a contract, the employer .
(5) In respect of an audio-visual work, the original 
owner of the economic rights shall be the producer , unless 
provided otherwise in a contract.  
(6) The co-authors of the audio-visual work and the 
authors of the pre-existing works included in or adapted for the 
making of the audio-visual work shall, continue to hold 
economic rights in their contributions or pre-existing works, 
respectively , to the extent that those contributions or pre-
existing works can be subject of acts covered by their economic 
rights separately from the audio-visual work.
21.(1) The natural person whose name is indicated as the 
author on a work in the usual manner shall, in the absence of 
proof to the contrary , be presumed to be the author of the work.  
(2) The provision of subsection (1) shall apply even if  
the name is a pseudonym, where the pseudonym leaves no 
doubt as to the identity of the author .
(3) The person whose name appears on an audio-visual 
work in the usual manner shall, in the absence of proof to the 
contrary , be presumed to be the producer of the work.
(4) In the case of an anonymous or pseudonymous 
work, subject to subsection (2), the publisher whose name Reproduction
by libraries
and archivesPresumption of
authorship,
producers of
audio-visual
works and
publishers[21st April 2014] Supplement to Official Gazette 63 58 Supplement to Official Gazette [21st April 2014](i) the library or archive is satisfied that 
the copy will be used solely for the 
purposes of study, scholarship or 
private research;
(ii)the reproduction of any particular work 
is an isolated act occurring, if repeated, 
on separate and unrelated occasions; and
(iii)there is no collective license available 
offered by a collective copyright 
management organisation under which 
such copies can be made;  or for part of a 
work that is to say one volume of work;
(b) where the copy is made in order to preserve 
and, if necessary , replace a copy , or to replace 
a copy which has been lost, destroyed, or 
rendered unusable in the permanent 
collection of another similar library or 
archive, provided that it is impossible to 
obtain such a copy under reasonable 
conditions, and the reproduction of such 
particular work is an isolated act occurring, if 
repeated, on separate and unrelated 
occasions.
14. The following acts shall be permitted in respect of a 
work without the authorisation of the author or other owner of 
copyright, subject to the obligation to indicate the source and 
the name of the author as far as practicable ––
(a) the reproduction in a newspaper or 
periodical, the broadcasting or other 
communication to the public, of an article 
published in a newspaper or periodical on 
curre nt econo mic, political or religious 
topics or a broadcast work of the same 
character;  this permission shall not apply 
where the right to authorize reproduction, 18. A work may be used for the purposes of public 
security and to ensure the proper performance or reporting of 
administrative, parliamentary or judicial proceedings.
19.(1) The economic and moral rights shall be protected 
during the life of the author and for fifty years after his or her 
death.
(2) In the case of a work of joint authorship, the 
economic and moral rights shall be protected during the life of 
the last surviving author and for fifty years after his or her 
death.
(3) In the case of an audio-visual work, the economic 
and moral rights shall be protected for fifty years from the date 
on which the work was made or first made available to the 
public by publication or by any other means, whichever date is 
the latest.
(4) In the case of a work published anonymously or 
under a pseudonym, the economic and moral rights shall be 
protected for fifty years from the date on which the work was 
made or first made available to the public, by publication or by 
any other means whichever date is the latest, provided that 
where the identity of the author is revealed or is no longer in 
doubt before the expiration of the said period, the provisions of 
subsection (1) or subsection (2), as the case may be, shall apply .
(5) In the case of a work of applied art, the economic 
and moral rights shall be protected for twenty-five years from 
the making of the work.
(6) The period provided for under subsections (1) to (5) 
shall run to the end of the calendar year in which it would 
otherwise expire.
20.(1) Subject to the provisions of subsections (2) to (6), 
the original owner of economic rights in respect of a work is the 
author who has created the work.Reproduction,
broadcasting and
other
communication
to public for
informatory
purposesUse for public
security and for
performance or
reporting of
proceedings
Duration of
copyright
Original
ownership of
economic
rights[21st April 2014] Supplement to Official Gazette 59 62 Supplement to Official Gazette [21st April 2014]broadcasting or other communication to the 
public is expressly reserved on the copies by 
the author or other owner of copyright, or in 
connection with broadcasting or other 
communication to the public of the work;
(b) for the purpose of reporting current events, 
the reproduction and the broadcasting or 
other communication to the public of short 
excerpts of a work seen or heard in the course 
of such events, to the extent justified by the 
purpose; or
(c) the reproduction in a newspaper or 
periodical, the broadcasting or other 
communication to the public of a lecture, 
address, sermon or other work of a similar 
nature delivered in public, to the extent 
justified by the purpose of providing current 
information.
15.(1) The reproduction, in a single copy , or the adaptation 
of a computer program by the lawful owner of a copy of that 
computer program shall be permitted without the authorisation 
of the author or other owner of copyright, provided that the 
copy or adaptation is necessary ––
(a) for use of the computer program with a 
computer for the purpose and extent for 
which the computer program has been 
obtained; or
(b) for archival purposes and for the replacement 
of the lawfully owned copy of the computer 
program in the event that the said copy of the 
computer program is lost, destroyed or 
rendered unusable.(2) No copy or adaptation of a computer program shall 
be used for any purpose other than those specified in subsection 
(1), and any such copy or adaptation shall be destroyed in the 
event that continued possession of the copy of the computer 
program ceases to be lawful.
16.(1) It shall be permitted without the authorisation of the 
author or other owner of copyright to reproduce a published 
work for visually impaired persons in an alternative manner or 
form which enables their perception of the work, and to 
distribute the copies exclusively to such persons, provided that 
the work is not reasonably available in an identical or largely 
equivalent form enabling its perception by the visually 
impaired and the reproduction and distribution are made on a 
non-profit basis.
(2) The distribution of work referred to in subsection 
(1) is also permitted in case the copies of such work have been 
made abroad and the conditions mentioned in that subsection 
have been fulfilled.
(3) The provisions in subsections (1) and (2) are 
subject to the obligation to indicate the source and the name of 
the author .
17.(1) A broadcasting organisation may make, without the 
authorisation of the author or other owner of copyright, for the 
purpose of its own broadcasts and by means of its own 
facilities, an ephemeral recording of any work which it is 
authorised to broadcast.  
(2) All copies referred to in subsection (1) shall be 
destroyed within six months of the making or within any longer 
term agreed to by the author . 
(3) Where the recording of a work referred to in 
subsection (1) has an exceptional documentary character , one 
copy of such recording may be preserved in official archives.Reproduction
and
adaptation of
computer
programsVisually
impaired
persons
Ephemeral
recordings[21st April 2014] Supplement to Official Gazette 61 60 Supplement to Official Gazette [21st April 2014]