IP/N/1/GMB/C/1  
 
29 January 2014  
(14-0526)  Page: 1/79  
Council for Trade-Related Aspects  
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THE GAMBIA 
The present document reproduces the text1 of the Copyright Act, 2004, as notified by the 
Delegation of The Gambia on 16 January 2014 under  Article 63.2 of the Agreement (see document 
IP/N/1/GMB/1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GAMBIE 
Le présent document contient le texte1 de la Loi de 2004 sur le droit d'auteur, notifiée par la 
délégation de la Gambie le 16 janvier 2014 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/GMB/1). 
 
 
Consejo de los Aspectos de los Derechos de  Propiedad Intelectual relacionados 
con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
G
AMBIA 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, de 2004, 
notificada por la delegación de Gambia el 16 de enero de 2014 en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/GMB/1). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/GMB/C/1 
 
- 2 - 
 
   
PP 3-79 - Offset (Pdf file attached) PP 3 à 79 - Offset (fichier Pdf joint) PP 3-79 - Offset (fichero Pdf adjunto) 
 
 
__________  5. 
COPYRIGHT ACT, 2004 
ARRANGEMENT OF SECTIONS 
Section 
CHAPTER I -PRELIMINARY 
1. Short title 
2. 	 Interpretation 
3. 	 Application of this Act 
CHAPTER " - COPYRIGHT 
PART 1-WORKS PROTECTED 
4. 	 Works eligible for copyright 
Copyright by reference to international agreements 
6. 	 Derivative works eligible for copyright 
7. 	
 Ideas, concepts excluded from copyright 
8. 	 Expression of folklore protected 
PART 11-NATURE AND VESTING OF COPYRIGHT 
9. 	 Economic rights 
10. 	Moral rights 
11. 	 Employed authors 
12. 	 Works made by the Government of The Gambia and 
International bodies 
13. 	 Works for public benefit 
14. 	 Programme-carrying signals 
15. 	Original ownership of economic rights 
16. 	Transfer of rights 
17. 	
 Presumption of authorship and of representation 
of author 
18. 	Right of authorship 
19. 	 Right to share in proceeds of sale 
20. 	 Duty of printers and others to keep register 
IP/N/1/GMB/C/1 
          - 3 -PART 111- DURATION OF COPYRIGHT 
21. 	Duration of copynght: general 
22. 	DlIration of copyright in bodies corporate 
23. 	Duration of copyright in audiovisual works 
24. 	Duration of copyright in programme-carrying signals 
25. 	Duration of copyright in photograpt'lic work 
26. 	Duration of copyright in folklore 
PART IV -PERMITTED USE OF COPYRIGH I ANU EPHEMERAL 
RECORDINGS 
27. 	Private reproduction for personal purposes 
28. 	Temporary reproduction 
29. 	Reproduc tion in the form of quotation 
30. 	Reproduction for teaching 
31. 	Reprographic reproduction by libraries and archives 
32. 	Reproduction, broadcasting and other communi cation 
to the public 
33. 	Publication of portrait in events of public interest 
34. 	Reproduction and adoption of computer programmes 
35. 	Importation of personal purpose 
36. 	Display of works 
37. 	Ephemeral recordings 
PART V - PROTECTION OF PERFORMERS, BROADCASTING 
ORGANIZATIONS, SOUND RECORDING PRODUCERS AND 
AUDIOVISUAL PRODUCERS 
38. 	Rights of performers 
39. 	Performers right to enter into contracts 
40. 	Authorisation relating to broadcast 
41 . 	Broadcasting organizations 
42. 	Rights of sound recording producers and audio visual 
producers 
43. 	Limitation of protection 
44. 	Equitable remuneration for producers and performers 
45. 	Obligation of producers 
46. 	Notice of protection of right of producers 
IP/N/1/GMB/C/1 
          - 4 -67. 
PART VI- SUPPLEMENTARY PROVISIONS 
47. 	Royalties 
48. 	Public domain 
49. 	Registration of works 
CHAPTER Ill-INFRINGEMENT AND ENFORCEMENT 
OF COPYRIGHT 
50. 	Infringement of copyright 
51 . 	Conservatory provisions and measures 
52. 	Civil remedies 
53. 	Criminal sanctions 
54. 	Measures, remedies and sanctions against abuses in 
respect of technical services 
55. 	Offences related to folklore 
CHAPTER IV -ADMINISTRATION 
56. 	Centre to administer this Act 
57. 	Functions of the Centre under this Act 
58. 	Copyright Inspectors 
59. 	Anti-piracy devices 
CHAPTER V - LICENSING PROVISIONS 
60. 	Licences required for certain activities 
61 . 	Application for licence 
62. 	Issuance or refusal of licence or permit 
63. 	False declarations or representation 
64. 	Suspension and revocation of licence 
65. 	Appeals to Secretary of State 
CHAPTER VI -COLLECTING SOCIETY OF THE GAMBIA 
PART 1-ESTABLISHMENT OF THE COLLECTING SOCIETY OF THE 
GAMBiA AND iTS BOARD 
66. 	Establishment of the Colle cting Society of The Gambia 
Establishment of the Society Board 
IP/N/1/GMB/C/1 
          - 5 -68. Meetings of the governing Board 
69. Absence of Executive Secretary from meetings 
70. Transaction of business without meeting 
71 . Protection of members 
72. Allowances to members 
PART 11-GENERAL ASSEMBLY OF THE SOCIETY 
73. General Assembly of the Society 
PART 111- FUNCTIONS OF THE SOCIETY 
74. Functions of the Society 
PART IV -MANAGEMENT AND STAFF 
75. Executive Secretary 
76. Other staff of the Society 
PART V - FINANCIAL PROVISIONS 
77. Fund of the Society 
78. Accounts and audit 
79. Annual report 
PART VI -LEGAL PROCEEDINGS 
80. Notice of action 
81. Service 
82. Execution of judgment 
83. Representation 
84. Indemnity of officers 
PART VU- SUPPLEMENTARY PROVISIONS 
85. Application for permission to use authors works 
00. \.:Iram 01 >JtlflTll:S:SIOII 
IP/N/1/GMB/C/1 
          - 6 --- - õ- . . . 
CHAPTER VII -MISCELLANEOUS PROVISIONS 
U I • VIlt::1 u,.;t:tJ uuuy UI iJt:::1 :;Ul Iź 
88. Settlement of disputes 
89. Regulations 
90. Repeal and savings 
IP/N/1/GMB/C/1 
          - 7 -ISSN 0796-0298 
Supplement "C" to The Gambia Gazette No, 12 of 5th May, 2004 
Copyright Act, 2004. 
Short tiUe 
Interpretation NO. 10 OF 2004. 
Assented to by The President, 
this 28th day of April. 2004. 
YAHYA A,},} JAMMEH 
President. 
AN ACT to provide for the protection of copyright in The 
Gambia and for matters connected therewith. 
[28th April, 2004 I 
ENACTED by the President and the National Assembly. 
CHAPTER I· PRELIMINARY 
1, This Act may be cited as the Copyright Act, 2004. 
2. (1) In this Act, unless the context otherwise requires -
IP/N/1/GMB/C/1 
          - 8 -Copyright Act, 2004 , 7 
"adaptation" means the modification of a pre-existing 
work from one kind of work to another and consists in 
altering work within the same kind to make it suitable 
for different conditions of exploitation, and may also 
involve altering the composition of the work; 
"artistic work" means, irrespective of artistic quality, any 
of the following works ­
(a) painting, 	 drawing, etching, lithograph, wood­
cut, engraving, print, fashion design or wood 
design; 
(b) photograph not comprised in an audio visual 
film; 
(c) map, plan or diagram; 
(d) sculpture; 
(e) work of architecture 	 in the form of building 
or model; or 
(f) work 	of applied art, whether handicraft or 
produced on an industrial scale; 
"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 to being made audible and where 
accompanied by sounds, susceptible of being made 
audible; 
"author" means a (If!r!;on who crf!;:Itf!d !'I work. and 
includes in the case of ­
IP/N/1/GMB/C/1 
          - 9 -(a) 	broadcast transmitted from within a country, 
the person by whom the arrangement s for the 
making of the transmission within that 
country were undertaken; 
(b) 	an audiovisual work, the person by whom the 
arrangements for the making of the work were 
undertaken; 
(c) 	a sound recording ­
(i) 	the person by whom the 
arrangemen ts for the making of 
the sound recording were made, 
or 
(ii) 	of a musical work, the artist in 
whose name the recording was 
made, unless in either case the 
parties to the making of the 
sound recording, provide 
otherwise by contract; 
"Board" means the Board of the Centre; 
"broadcasting" means the communic ation of a 
work, performance or a sound recording to the 
public by wireless transmission, including transmission 
by satellite; 
"broadcasting organization" means an authority 
established under law in The Gambia or 
elsewhere providing broadcasting services for public 
reception. 
IP/N/1/GMB/C/1 
          - 10 -Copyright 
 9 Act, 2004, 
"cable programmes' means visual images, sounds or 
other information sent by means of a 
telecommunication system, otherwise than by wireless 
telegraphy, for reception -
(a) 	at two or more places (whether for 
simultaneous reception or at different 
times) in response to request by different 
users; or 
(b )'for presentation to members of the public; 
·Centre" means the National Centre for Arts and Culture 
established under the National Centre for Arts and 
Culture Act, 2003; 
"choreograph ic work" means a composition of 
movements fo r dancing or any other patterned 
succession of gestures mostly created to 
accompanying music and includes other forms of 
dance, whether 
or not in dramatic form; 
"Collecting Society' means the Collecting Society of The 
Gambia established under section 79; 
"collective licence" means a licence issued by a 
collecting society under which copies of a work can be 
made; 
"communication to the public" means the transmission 
by wire or without wire, of the images or sounds, or 
both, of a work, performance or sound recording or 
broadcast in such a way that the images or 
sounds can be perceived by persons outside the 
normal circle of a family and its closet social 
acquaint ances at a place or places so distant from 
the place where the transmission originates -
IP/N/1/GMB/C/1 
          - 11 -tq
,perform 
result; " 
Act, 2004, 10 
(a) 	 that with out the transmission, the images or 
or sounds wbuld not be perceivable; 
• 
)j "':'" 
(b) 	 irrespectiv e of whether the persons can 
receive the images or sounds at the same 
place; and time, or at different places or 
times; individually chosen by them; 
·computer" means an electronic or similar device 
having information-processing capabilities; 
0'"1 
"computer programme" means a set of instructions 
expressed 'in words, cod es,; schem es or in any 
other form, which is capa ble, when incGrporated in a 
medium that the computer can read, .'of causing a 
,.9pmput �! or achieve a particular task or 
. ; ', . ', 
. "copy" means a reproduction of a work in a written 
form, or inlhe form of a reco rding or film, or in any 
manner or form, but an object shall not be taken to 
be a copy of an architectural work unless the object is a 
building or a model; 
"copyright" means an economic right or moral right 
protected under this Act; 
"directive work" means a work resulting from adaptation, 
translation or other transformation of an original work in 
so far as it constitutes an indepen dent creation; 
"distribution" for the purposes of section 14, means any 
operation by which programme-carrying signals are 
transmitted to the general public or any section of it; 
"distributor" for the purposes of section 14, means 
the person who decides that the distribution should 
takp. nlace: 
IP/N/1/GMB/C/1 
          - 12 -Copyright 
 ACl, 2004, 11 
"exclusive licence" means a licence signed by or on 
behalf of the owner of copyright, authorizing the 
licensee, to the exclusion of all other persons 
(including the person granting the licence), to 
exercise any right which would otherwise be 
exercised exclusively by the copyright owner; 
"expression of folklore" means a group-oriented and 
tradition-based creation of groups or individuals 
reflecting the expectation of the community as an 
adequate expression of its cultural and social 
identity, its standards and values as transmitted 
orally, by imitation or by other means, including ­
(a) folktale, folk poetry and folk riddle; 
(b) folk song and instrumental folk music; 
(c) folk dance and folk play; and 
(d) 	production of folk art, in particular, drawing, 
painting, carving, sculpture, pottery, terra­
cotta, mosaic, woodwork, metal ware, 
jewelry, handicraft, costume and 
indigenous textile; 
"fixation" means the embodiment of sounds, images or 
both of the representations from which the sounds, 
images or images and sounds can be perceived, 
reproduced or communicated through a device; 
"folklore" means the literary, artistic and scientific work 
belonaina to the cultural hf!rit>'l!]A nf ThA r,,,mhi,, whirh 
are created, prp.!lp.rvWj l'In(i 
 c!IO've 1oped by ethnic 
communities of The Gambia or by unidentified Gambian 
authors; 
IP/N/1/GMB/C/1 
          - 13 -Copyright 2004, 
Act, 	 12 
"infringement" means an act that violates a right 
protected under this Act; 
"licence" ,means a lawfully granted licence permitting 
the doing of an act controlled by this Act; 
"literary work" includes irrespective of literacy quality, any 
of the following works or works similar to them ­
(a) 	novels, stories or poetical works; 
(b) 	plays, stage directions, film scenarios or 
broadcasting scripts; 
(c) 	textbooks, treaties, histories, biographies, 
essays or articles; 
(d) choreogra phic works; 
(e) encycloped ias, dictionaries, directories, time 
tables, anthologies, data bases or 
compilation of data or other material, whether 
or not in machine readable form, which by 
reason of the selection or arrangement of 
contents constitutes intellectual creations; 
(f) 	letters, reports or memoranda; 
(g) law reports, excluding court decisions; 
(h) lectures, addresses or sermons; and 
(i) 	computer proQrammes. whatever may be the 
mode or form of expression; 
"moral right" means any of the rights mentioned in 
section 10; 
IP/N/1/GMB/C/1 
          - 14 -Copyright • 
 13 	 Act, 2004 
"musical work" includes any musical work, 
irrespective of its musical quality and words 
composed for musical accompaniment; 
·owner" or owner of copyright means the person to 
whom the copyright in a work belongs and includes the 
heir of an author or an assignee in whole or in part of a 
copyright and where -
(a) 	the economic right is vested in the author, 
it is the author; 
(b) 	the economic right is originally 
vested in an individual, other than the 
author or in a legal entity, it is that person 
or entity; or 
(c) 	 the ownership of the economic right has 
been transferred to an individual or legal 
entity, it is that person or entity; 
"perform ance" mea ns the presentation of a work by 
action, including dancing, playing, reciting, singing, 
delivering, declaiming or projecting, to listeners 01 
-spectators; 
·perform er" means an actor, a dancer, declaimer, 
musician, singer or any other person who performs a 
literary or artistic work and includes the conductor 01 
director of a performance of the artistic or literary work; 
IP/N/1/GMB/C/1 
          - 15 -14 Copyright Act, 2004, 
.... "photographic work" means-
(a) 	a recording of light or other radiation on a 
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 the recording 
i.s.made; or 
(b) 	a still picture extracted from an audiovisual 
work which is considered to be a part of the 
work . concerned; 
"producer " in relation to an audiovisual work or a 
sound ri!bdrding, means the individual or legal entity . that Iundertakes the initiative and responsi bility for the 
making of the audiovisual work or sound recording; 
"programme;.cllrlying . signals' means electronically 
generEftecl carriilrStransmittil'lg live or recorded material 
consisting of images, sounds or both, in their Original 
form or any form recognizable derived from the 
original, in extra-terrestrial space; 
., 	"public display" means -
(a) the showing of the original or a copy of any work.-
0) directly, 
(ii) by means of a film, slide, television image 
or otherwise on screen, or 
(iii) by means of any device or process; or 
(b) in the case of an audiovisual work, the showing 
of individual images non-sequentially, 
IP/N/1/GMB/C/1 
          - 16 -15 Copyr; ght Act. 2004. 
at a place or places where persons outside the normal 
circle of a family and its closest social acquaintances 
are or can be present, irrespective of whether they are 
or can be present at the same place and time or at 
different places or times, and where the work can be 
displayed without communication to the public; 
"public lending" means the transfer of the possession 
of the original or a copy of a work or sound recording 
for a limited period of time for non-profit making 
purposes, by an institution, the services of which are 
available to the public, including a library and an 
archive; 
"public place" means a building, place or convey­
ance to which the public are, for the time being 
entitled or permitted to have access, either without 
any condition or on condition of making any 
payment, and includes theatre, hotel, cinema, 
concert hall, dance hall, bar, club, sports ground, 
holiday resort, circus, restaurants, commercial banking 
and industrial establishments; 
'public performance" means, in the case of ­
(a) 	 a work, other than an audiovisual work, 
ihe recilaiion, piaYlng, dancing, 
acting or otherwise performing the 
work, either directly or by means of 
any device or process; 
(b) 	 an audiovisual work, the showing of 
images in sequence and the making of 
accomoanvinn ͣnllnrlͤ Źllrlihlf;l' :::.nrl 
IP/N/1/GMB/C/1 
          - 17 -(c) 	a sound recording, maKing me recoraea 
sounds audible at a place or at places 
where ­
(i) 	persons ouiside the normai circle 
of a family and its closet 
acquaintances are or can be 
present, Irrespective of 
whether they are or can be ­
present at the same place and 
time, or at different places or 
times, and 
(ii) 	where the performance can be 
perceived without the need for 
broadcasting or communication 
to the public; 
"published" means a work or a sound recording, 
tangible copies of which have been made available to 
the public in a n,,,,,,onablc quantity for s<lI .. , ronlal, publiC 
lenclino o. for other transfer of the ownership or the 
possession of the copies, provided that it was available 
to the public, in the case of ­
(a) 	a work, with the consent of the author or 
other owner of copyright; and 
(b) a sound recording with the consent of the 
producer of the sound recording or his or 
her successor in title; 
"publisher" means ­
(a) person who undertakes the publication of a 
work by the issue of copies to the public 
usually for sale; or 
IP/N/1/GMB/C/1 
          - 18 -17 Copyright Act, 2004 . 
(b) in the case of a sound recording or audio 
visual work, the person who issues 
duplicates of the sound recording or audio 
visual work; 
"re-broadcast" means a simultaneous or subsequent 
broadcast by one broadcasting organization of the 
broadcast of another broadcasting organization; 
"rental" means the transfer of the possession of the 
original or a copy of a work or sound recording for a 
limited period of time for profit-making purposes; 
"reproduct ion" means the making of one or more 
copies of a work or sound recording in any manner or 
form, including a permanent or temporary storage of the 
work or in electric form; 
"right management information" means any information 
(a) which 	identifies the author, the work, the 
performer, the performance of the 
performer, the producer of the sound 
recording, the broadcaster, the 
broadcast, the owner, the owner of any 
right under this Act; or 
(b) 	about the terms and condition of use of the 
work. performance, sound recording or 
broadcast, and any number or code that 
represents the information, when any of 
the items of information is attached to copy 
of a work, a fixed performance. a sound 
recording or appears in connection with 
the broadcasting, communication to the 
public or making available to the public of a 
work, a fixed performance, a sound 
recording or a broadcast; 
IP/N/1/GMB/C/1 
          - 19 -Copyright 18 Act. 2004 . 
"Secretary of State" means the Secretary of State 
responsible for arts and culture; 
·Society" means the Collecting Society of The Gambia 
established under section 79; 
"sound recording" means a work that results from the 
fixation of series of musical, spoken or other sound, but 
does not include sounds accompanying a motion picture 
or other audiovisual work regardless of the nature of the 
material objects in which those sounds are embodied; 
"systematic instructional activities" means the methodical 
presentation of information for educational purposes; 
."technical device" includes audio and visual cassettes, 
compact discs, CD-Rams, VCRs, photocopying 
machines and any other object , equipment and device 
used capable of being used to infringe copyright; 
"work" means any of the works listed sections 4 and 5(1) 
and includes translations, adaptation, new versions or 
arrangements of pre-existing works, and anthologies or 
collection of works which, by reason of the selection and 
arrangement of their content, present an original 
character; 
"work of applied art" means an artistic creation with 
useful functions or incorporated in an useful article, 
whether made by hand or produced on an industrial 
scale; 
"work of joint authorshio" means a work r:rp",t.,rl h,;, twn 
or more authors in collaboration in which the individua! 
contributions are indistinguishable from each other. 
IP/N/1/GMB/C/1 
          - 20 -- ì 19 
I - - - -Copyright Act, 2004, 
(2). The following provisions apply with respect to the 
publication of a work ­
(a) a work is deemed to have been published 
if copies of it have been made available in 
a manner sufficient to render the work 
accessible to the public; 
(b) 	where in the first instance, a part only of a 
work is published, that part shall be treated 
for the purposes of this Act as a separate 
work; and 
(c) 	a publication in any country shall. not be 
treated as being other than the first 
publication by reason only of an earlier 
publication elsewhere if the two 
publications took place within a period of 
not more than thirty days. 
Application of 3.The provisions of this Act shall­
this Act 
(a) apply to works, performances, sound recording, 
and broadcasts existing before the date of the 
coming into effect of this Act, provided that the 
h:ui term of nrnler.tion exnirP.n
I under the. ' - - - - not 
former legislation or under the legislation of the 
_ 
country of origin of the works, performances, 
sound recording or broadcast that are to be 
protected under an international treaty to which 
The Gambia is a party; and 
Ih) not ::lffpr.t ::lnv r.ontr::lr.t or r.nntr::lr.t ,:: nn wnrk,:: 
nprfnrmMnr:AN Nnllnrl rpr.nrrlinnO &nrl hrn::lrlr.::tc:tPí_ î ___ _ . ï._ w_ .ñ. M' __ <. ,_ . _òó_ ' ô. __ ů,;.! _ _ • __ __ _ ._ .ð , __ • __ _ 
concluded before the entering into force of this 
Act. 
IP/N/1/GMB/C/1 
          - 21 -Copyright Act, 2004 , 20 
Vorks eligible 
or copyr ight 
CHAPTER 11 COPYRIGHT -
PART I -WORKS PROTECTED 
4. (1) Subject to this section, an author, co-author or joint 
author of any of the following works is entitled to the 
copyright and protection afforded to that work under this 
Act ­
(a) literary work; 
(b) artistic work; 
(c) musical work; 
(d) sound recordings; 
(e) audio-visual work; 
(f) choreographic work; 
(g) the derivative works specified in section 6; 
and 
(h) programme-carrying signals. 
(2) Notwithsta nding subsection (1), a work is not eligible 
for copyright unless ­
(a) it is original in character; 
(b) 	it has been affixed in a definite medium of 
exoression now known or later to be 
develoըed with the result that the work can 
either directly or with the aid of a machine or 
device be perceived, reproduced or other­
wise communic ated; and 
IP/N/1/GMB/C/1 
          - 22 -21 
(c) it is -Copyright Act, 2004, 
(i) 	created by a citizen of The Gambia 
or a person who is ordinarily resident 
in The Gambia or by a body 
corporate incorporated by or under 
the laws of The Gambia. 
(ii) 	first published in The Gambia. and in 
the case of a work first published 
outside The Gambia. it is 
subsequently published in 
The Gambia within thirty days of its 
publication outside The Gambia, or 
(iii) 	a work in respect of which The 
Gambia has an obligation under an 
international treaty to grant 
protection. 
(3) The eligibility of a work for copyright is not affected 
by Its artistic quality. the purpose of the author in creating 
it or by the manner or form of its expression, 
(4) For the purposes of this section. a work is original if it 
is the product of the independent effort of the author, 
Copyright by 5. (1) A work is also protected if -reference to 
international 
agreements (a) on the date of its first publication at least 
one of the authors is ­
(i) 	a citizen of or domiciled in. or 
(ii) 	a body corporate established by or 
under the laws of. 
IP/N/1/GMB/C/1 
          - 23 -Copyright 
treaty 
Act, 2004, 22 
a country that is a party to an obligation in a 
or other international agreement to 
which The Gambia is a party; or 
(b) the work is first published ­
(i) 	in a country which is a party to an 
obligation in a treaty or other 
intemational agreement to which 
The Gambia is party, 
(ii ) 	by the United Nations or any of its 
specialised agencies, or 
(Hi) 	by the African Union, or 
(iv) 	by the Economic Community of 
. West African States, 
(2) Where the question arises as to whether a country is 
a party to an oP!igation in a treaty or other international 
. agreement to,. '\\Yhich . The Gambia is also a party, a'· 	.certificate from the Centre to that effect shall be 
conclusive proof of that fact 
Derivative 6, 	(1) The following derivative works are also protected works eligible 
for copyright by copyright ­
(a) any 	translation, adaptation, arrangement 
and other transformatio n or modification of 
a work; and 
(b) collection of works, collection of mere data 
(data bases) , whether in machine ­
readable or other form, and collections of 
expressions of folklore if the, collection is 
original by reason of the selection or 
....... r ..................................... f +h,..ir ....... " • ..."n.Ů 
IP/N/1/GMB/C/1 
          - 24 -23 Copyright Act, 2004. 
Ideas, 
concepts 
excluded from 
copyright 
Expression of 
folklore 
protected (2) The protecti on of a work referred to in subsection (1) 
is without prejudice to any protection of a pre-existing 
expression of folklore incorporated in or in 
or utilized for the making of the work. 
7. Notwithstanding the provisions of sections 5 and 6, no 
protection shall extend under this Act to ­
(a) 	any idea, procedure, system. method of 
operation, concept, principle, discovery or 
mere data. even if expressed, described, 
explained, illustrated or embodied in a 
work; or 
(b) any official text of a legislative, administrative 
or legal natur e or any of its of ficial 
translation. 
8. (1) Expression of folklore is protected by copyright 
under this Act against ­
(a) 	reproduction; 
(b) 	communication to the public by 
performance, broadcasting. distribution 
bv cable or other means; and 
(c) 	adaptation. translation and other 
transformation, 
when the expression is made either for commercial 
purposes or outside a traditional or customary context. 
(2) The protection conferred in subsection (1) does not 
include the right to control ­
IP/N/1/GMB/C/1 
          - 25 -Copyright Act, 2004 , 24 
(a) 	the doing of any of the acts by way of fair 
dealing for private and domestic use, 
subject to the condition that, if the use Is 
public, it shall be accompanied by an 
acknowledgement of the title of the work 
and its source; 
(b) the uiilisation for purposes of education, 
utilisation by way of illustration in an 
original work of an author, provided that the 
extent of such utilisation is compatible with 
fair practice; 
(c) 	the borrowing of expression of folklore for 
creating an original work of an author, 
provided that the extent of such utilisation 
is compatible with fair practice; or 
(d ) the incidental utilisation of expressions of 
folklore. 
(3) The source of an identifiable expression of folklore 
shall be indicated in all printed publications, and in 
connection with any communications to the public, in an 
appropriate manner, and in conformity with fair practice, 
by mentioning the communi ty or place from where the 
expression utilised was derived. 
(4) The right to authorise an act referred to in subsection 
(1) shall vest in the Secretary of State on behalf of and in 
trust for the people of The Gambia. 
PART 11 NATURE AND VESTING OF COPYRIGHT -
:conomlc 	 :;. (1) SlJujeCi to HiiS Act, tile a!Jiilor or Olilt:r owner ot 
ights 	 copyright has the exclusive economic right in respect of 
the work to do or authorise the doing of any of the 
following ­
IP/N/1/GMB/C/1 
          - 26 -25 Copyright Act, 2004, 
(a) 	the reproduction of the work; 
(b) the translation, adaptation, arrangement or 
any other transformation of the work; 
(c) the 	communi cation to the public by 
performance , broadcasting or any other 
means; 
(d) 	the distribution to the public by sale, rental, 
public lending or otherwise of the original or 
a copy of the work that has not already been 
subject to sale or other transfer of 
ownership authorised by the owner of 
copyright; 
(e) 	rental or public lending of the original or a 
copy of an audiovisual work, a work 
embodied in sound recording, a computer 
programme, a database or a musical work in 
the form of notation, irrespective of the 
ownership of the original or copy concerned; 
(f) 	importation of copies of the work; 
(g) public display of the original or a coPY of the 
work; 
(h) 	public performance of the work; 
(i) 	broadcasting of the work; and 
(j) 	any other communication to the public of the 
work, 
IP/N/1/GMB/C/1 
          - 27 -Copyright 2004, 
Act. 26 
(2) The right of rental or lending under subsection (1 )(e) 
does not apply to rental or lending of a computer 
programme where the programme itself is not the 
essential object of the rental or lending. 
loral rights 	 10. (1) In addition to the economic rights referred to in 
section 9, the author of a copyright work has the sole 
moral right, independent of his or her economic rights ­
(a) 	to claim authorship of his or her work and 
in particular to demand that his or her 
name or pseudonym be indicated 
prominently on the copies and in 
connection with any public use of his or her 
work, as far as practicable; 
(b) 	not to have his or her name or pseudonym 
indicated on the copies and in connection 
with any public use of his or her work, as 
far as practicable; 
(c) 	to object to and seek relief in connection 
with 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 honour or 
reputation; and 
(d) 	to alter the work at any time. 
(2) None of the rights mentioned in subsection (1) shall 
be transmissible during the life of the author, but the right 
to exercise any of the rights shall be transmissible by 
testamentary diSpOSition or Dy operation or law TOllowlng 
the death of the author. 
IP/N/1/GMB/C/1 
          - 28 -" , 27 
 Copyright Act. 2004 • 
(3) The author may waive any of the moral rights 
mentioned in subsection (1), provided that­
(a) the waiver is in writing and clearly specifies 
the right waived and the circumstances in 
which the waiver applies; and 
(b) a waiver of the right under subsection (1)( c) 
specifies the nature and extent of the 
modification or other action in respect of 
which the right is waived. 
(4) Following the death of the author, the individual or 
legal entity on whom or which the moral rights have 
devolved has the right to waive those rights. 
Employed 11. The copyright of a work shall vest in an employer or 
authors a person who commissioned the work if the employed 
author created the work ­
(a) in the 	course of his or her employment by the 
employer or person; 
(b) under a contract of service; or 
(c) 	on commission by the person who commissioned 
the work, in the absence of any enactment or 
contract to the contrary. 
Works made 12. The copyright in a work, shall vest in ­
by the 
Government of 
The Gambia, (a) the President on behalf of and in trust for 
the people of The Gambia; or 
(b) an international body. 
if the work is made by or under the direction or control of 
the Government of The Gambia or of a soecified 
and 
"n ...... ' .... , ......... 
IP/N/1/GMB/C/1 
          - 29 -.... +h .... ....... i" ........................... ; ... 
 ................... VVl'vlv 
Copyright Act, 2004, 28 
lVorks for 
.ublic benefit 
)rogramme­
:arryi ng 
,ignals international body. 
13. (1) The rights referred to in sections 9 and 10 shall 
not vest in any person in respect of the following works ­
(a) 	an enactment; 
(b) a 	decision made by a court or tribunal 
established under an enactment for the 
administration of justice in The Gambia; 
(c) 	a report made by a commission of enquiry 
appointed by the Government or any agency 
of the Government and published by the 
Government; and 
(d) news, 	namely, a report of fresh event or 
current information made by the media, 
whether published in written form, by 
broadcast or communicated to the public by 
any other means, except where the news is 
disseminated by the private media. 
(2) The President is the trustee for the public of the 
works specified in subsection (1) of this section except 
+h.... " ......... 1 .... +......
pUlr.;;y lo;J'CH.\;':; LV LlIC ..... IYCUv .,.CUIQ. 
14. Copyright in programme-car rying signals is the 
exclusive right to prevent the distribution in The Gambia 
or from The Gambia of any signals by any distributor for 
whom those signals were not intended by their author, 
but it is not an infringement of the right of the author, 
.................. "' ..... _ ......... ... ŭ ......... ... : ___ 1 ; ..... .... 1 •• __ 
.... .......... ... ...................... ë" 
 "'" .... :::;!I., .................... .... 
IP/N/1/GMB/C/1 
          - 30 -29 
 Copyright Act. 2004, 
(a) 	 the reproduction in any material form, the 
communication to the public or the 
broadcast ing of the whole signal or a 
substantial part of it, either in its original form 
or in any form recognisably derived from the 
original by way of fair deaUng for the. purpose 
of scientific research, private use, criticism or 
review or the reporting of current events; 
(b) 	 the broadcast of the signal if, the broadcast is 
intended to be used for -purposes of 
systematic instructional activities; 
(c) 	 the reproduction of a broadcast and the use of 
the reproduction in an educational institution 
or for the systematic instructional activities in 
any educational institution; or 
(d) 	 its use for the purpose of a judicial proceeding 
or for any report of the proceeding. 
Original 15. (1) Subject to the provisions of subsection (2), the ownership of 
econo mic original owner of the economic rights is the author who 
rlghts. created the work. 
' (2) In the case of-
(a) a work of joint 	authorship, the co-authors shall 
be the original owners of the economic rights but 
if a work of joint authorship consists of parts that 
can be used separately and the author of each 
part can be identified, the author or each part 
shall be the original economic
 owner of the 
rights in the part that he or she has created; 
IP/N/1/GMB/C/1 
          - 31 -included in or adapted for the making Copyright 2004. Act. 30 
(b) a collective work, the natural person or legal 
entity at whose initiative and under whose 
direction the work has been created shall be the 
original owner of the economic rights; 
(c) a work created by 	an author, employed by an 
individual or a legal entity, in the course of his or 
her employment , the employer shall, unless 
provided otherwise in a contract, be the original 
owner of the economic rights; and 
(d) an 	audiovisual work the producer shall, unless 
provided otherwise in a contract, be the original 
owner of the economic rights . 
. (3)Ttie CO-author s of audiovisual work and the author of 
a pre;exisiin'g:wbrk 
of the audiovisual woi'k Shall maintain their economic 
rights in their contributions or pre-existing works, 
respectively, tathe extent that those contributions or pre­
existing works cim bathe subject of acts covered by their 
economic rights separately from the audiovisual work. 
·ransler 01 
Jhts 	16. (1) The owner of copyright may transfer the 
economic rights in section 9 to a third party either in 
whole or in part but the transfer whether in whole or in 
part shall not include the moral rights referred to in 
section 10. 
(2) 	A contract that requires the transfer of the rights 
referred to in section 1o shall be limited in scope to the 
useprovidetl for in the contract. 
(3) Copyright may be transferred by assignment , 
licence,testamentary disposition or operation of law. 
IP/N/1/GMB/C/1 
          - 32 -Copyright 31 Act, 2004, 
Presumption 
of authorship 
and of 
repre sentation 
of the author (4) 
An assignment of copyright shall be in writing and 
signed by the owner of the copyright or by the person 
authorised by him or her for the purpose, 
(5) A licence to do an act that falls within copyright may 
be oral, written or inferred from conduct. 
(6) In the case of joint authorship of a work, an 
assignment or a licence for the work shall be subject to 
the authorisation of the joint authors. 
(7) Where a work is of joint authorship and one of the 
joint authors withholds his or her consent to an 
assignment or the granting of a licence, the matter shall 
be referred to the Centre to determine whether or not 
consent should be granted in respect of the assignment 
or licence and upon what conditions, 
17. (1) An individual 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 
pseudonym, of the work notwithsta nding that the name is 
a pseudonym if the pseudonym leaves no doubt as to the 
identity of the author, 
(2) In the case of an anonymous work of pseudonymous 
work whose author is not identified, the publisher whose 
name 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 economic rights and moral rights of the 
author but this presumption shall cease to apply when 
me author reveals his or her identity. 
IP/N/1/GMB/C/1 
          - 33 -Copynght 2004, 
Act, 32 
',ighllo claim 18, (1) The owner of a copyright has the right to ­
ulhors hip. 
:ighl 10 share 
I proceeds of 
ale. (a) claim authorship of his 	or her work, in 
particular that his or her authorship be 
indicated in connection with any of the 
acts referred to in section 9 except when 
the work is included incidentally or 
accidentally when reporting current events 
by means of broadcasting; 
(b) object and seek relief in connection with 
any distortion, mutilation or other 
modification of, and any other derogatory 
action in relation to his or her work, where 
tile action would be or is prejudicial to his 
or her honour or reputation. 
(2) The rights referred to in subsect:on (1 ) are perpetual, 
inalienable and imprescriptible. 
(3) For the purpose of this section, "author" includes his 
or her heirs and successor s-in-title. 
19. (1) Notwithstanding an assignment or a sale of the 
original work, the author of a graphic work, three­
dimem;ionfll work or mBnl)script has an inalienable right 
to share in the proceeds of a sale of that work or 
manuscript by public auction or through a dealer, 
whatever the method used by the latter to carry out the 
operation. 
(2) The right conferred by this section shall apply to 
nrinin'!!" nf thp wnrk 
(3) The conditions for the exercise of the right conferred 
by this section shall be determined by regulations to be 
made by the Centre. 
IP/N/1/GMB/C/1 
          - 34 -Copyri ght Act, 2004, 33 
Duty of printer 
and others to 
keep register. 
Juration of 
;opyright: 
leneral (4) The provisions of subsections (1) to (3) shall not 
apply to architectural work or applied art. 
(5) In this section, "author" includes heirs and 
successors-in-ti tle. 
20. Publishers, printers, producers, manufacturers of 
works in which copyright subsists shall keep a register of 
all works produced by them showing the following ­
(a) the name of the author; 
(b) the title; 
(c) year of production; and 
(d) the quantity of work produced. 
PART III -DURATION OF COPYRIGHT 
21. (1) Subject to the provisions of subsection (2), the 
economic right and moral right of an author shall be 
protected during the life of the author and for fifty years 
after his or her death. 
(2) The economic right or moral right are protected in the 
case ot ­
(a) 	a work of joint authorship, during the life of 
the last surviving author and for fifty years 
after his or her death; 
(b) 	a collective work, other than a work of 
. -app"ea an., 
 elFlU HI III <A:I:; UI dll 
audiovisuai work, tOI fifty years from the 
date on which the work was either made, 
first made available to the public or first 
published, whichever date is the latest; 
IP/N/1/GMB/C/1 
          - 35 -Copyright 2004, 
Act, 34 
(c) 	a work published anonymously or under a 
pseudonym, for fifty years from the date on 
which the work was made, first made 
available to the public or first published, 
whichever date is the latest, provided that 
where the author's identity is revealed or is 
no longer in doubt before the expiration of 
provIsions of the said period, the 
subsection (1) shall apply, as the case may 
be; 
(d) 	a work of applied art, for twenty-five years 
from the making of the work, 
(3) Every period provided for under this Part shall run to 
the end of the calendar year in Which it would otherwise 
expire. 
"alion of 22. 	Where the copyright in a work is owned by a public 
Ipyrighl in corporation or other body corporate, the term of,dies 
Irporate protection shall be fifty years from the date on which the 
work was made public. 
23. In the case of an audiovisual work, a soundJralion of 
pyrighl in recording or broadcast, the rights are protected until the 
Idi<rvisuaJ expiration of fifty years from the date of the making of the 
nk!:i work, or where the work is made available to the public 
during that period with the consent of the author, until the 
expiration of fifty years from the date of its 
communication to the public, 
.ration of 24. 	In the case of programme-carrying signals, the rights 
pyright in are protected until the expiration of fifty years from the nnr;!mmAŬ 
rrying elate ot the making ot the signal. 
jnais 
IP/N/1/GMB/C/1 
          - 36 -Copyright , 
 35 
DuraHonof 
copyright in 
photographic 
work 
Duration of 
copyright in 
folklore 
Private 
reproduction 
for personsi· 
purposes Act, 2004 
25, In the case of a photographic work, the rights of tt 
author referred to in section 9 are protected until tt 
expiration of fifty years from the date of the making of tt 
work, 
26, The rights vested in the Secretary of State on behc 
of and in trust for the people of The Gambia in respect ( 
expression of folklore under section 8 exist in perpetuity. 
PART IV -PERMITIED USE OF COPYRIGHT, AND .. 
EPHEMERAL RECORDINGS 
27. (1) Notwithstanding the provisions of section 9 (1 )(s 
and SL,lbject to the provisions of subsection (2), It 
private reproduction of a published work in a single coɡ 
is permitted without the authorisation of the author { 
other owner of copyright, where the reproduction is mac 
by an individual exclusively for his or her own person. 
purposes. 
(2) The permission under subsection (1) does not exten 
to reproduction ­
(a) of 	a work of architecture in the form of 
building or any other construction; 
(b) 	in the form of reprography of the whole or ( 
a substantial part of a book or of a music; 
work in the form of notation; 
(c) of the whole 	or of a substantial part of 
database in digital form; 
(d) of 	a computer programme, except a 
provided in section 28; and 
IP/N/1/GMB/C/1 
          - 37 -36 
Temporary 
repr oduction. 
Reproduction 
·In the form of 
quotation. Copyright Act, 2004. 
(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. 
28. Notwithstanding the provisions of section 9(1)(a), the 
temporary reproduction of a work shall be permitted if the 
reproduction ­
(a) is 	made in the process of a digital 
transmission of the work or making a 
digitally stored work perceptible; 
(b) is caused by a person or entity that, by way 
of authorisation by the owner of copyright of 
operation of law, is entitled to make the 
transmission or the digitally stored work 
perceptible; and 
(cl is an accessory to the transmission or the 
making perceptib le, that occurs during the 
normal operation of the equipment used 
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). 
29. (1) Notwithsta nding the provisions of section 9(1 )(a), 
the reproduction, in the form of quotation, of a short part 
of a published work shall be permitted without 
authorisation of the author or other owner of copyright, if 
the reproduction is compatible with fair practice and does 
not exceed the extent justified by the purpose. 
(2) An indication of the source and the name of the 
author or other owner of copyright, if his or her name 
appears in the work from which the quotation is taken, 
shall accompany the quotation. 
IP/N/1/GMB/C/1 
          - 38 -37 Copyright Act, 2004_ 
Repr oducti on 
for teaching. 
 30. (1) Notwithstanding the 
 provIsions of section 
9(1 )(a), the following acts are permitted without 
authorisation of the author or other owner of 
copyright -
(a) the 	reproduction of a short part of a 
published work for teaching purposes by 
way of illustration, in writing or sound or 
visual recording, provided that the 
reproduction is compatible with fair 
practice and does not exceed the extent 
justified by the purpose; 
(b) the reprographic reproduction, for face-to­
face teaching in educational institutions 
whose activities 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 act of reproduction is an 
isolated one occurring, if repea ted, 
on separate and unrelated 
occasion, and 
(ii) there is no collective licence offered 
by a Collecting Society of which the 
educational institution is or should 
be aware, under which the 
reproduction can be made. 
(2) The source of the work reproduced and the name of 
the author siJall be indicated as far as practicable on all 
copies made under subsection (1). 
IP/N/1/GMB/C/1 
          - 39 -Copyright Act, 2004 , 38 
31. Notwithsta nding the provisions of section 9(1 )(a), a 
library or an archive whose activities do not .serve direct 
or indirect gain may, without the authorisation of the 
»prog rap¼ic 
production 
rllbraries 
Id arc½ives 
author or other owner of copyright, make a single copy of 
the work by reprographic reproduction where ­
(a) 	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 an individual if ­
(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 act of reproduction is an isolated 
case occurring if repeated, on 
separate and unrelated occasions, and 
(iii) 	there is no collective licence offered by 
a Collecting Society of which the 
library or archive is or should be 
aware, under which the copy can be 
made; or 
(b) the copy is made in order to preserve and, if 
necessary, 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 ­
(i) 	it is impossible to obtain the 
under reasonable conditions, and 
coov 
IP/N/1/GMB/C/1 
          - 40 -39 
. Reproduct ion, Copyright Act, 2004 . 
(ii) the act of reprographic reproduction is 
an isolated case occurring, if repeated, . 
on separate and unrelated occasions . 
broadcasting 
and other 
communica­
tion to the 
public 32. (1) Notwithsta nding the provisions of section 9 (1)(a), 
(i) and 0), 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 or other owner as 
far as practicable­
(a) 	subject to subsection (2), the reproduction in a 
newspaper or periodical, the broadcast or 
other communic ation to the public, of an article 
published in a newspaper or periodical on 
current economic, political or religious topics or 
a broadcast work of the same character; 
(b) 	for the purpose of reporting current events, 
the reproduction, broadcast or other 
comm unication 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; and 
(c) the reproduction in 	a newspaper or periodicai, 
the broadcast or other communication to the 
public of a political speech, a lecture, an 
address, a sermon or any other work of a similar 
nature delivered in public, or a speech 
delivered during legal proceedings, to the 
extent justified by the purpose of providing 
curre fll lfllurtl lcHlUII. 
IP/N/1/GMB/C/1 
          - 41 -interest Copyright 
ublication of 
ortr ait in 
vents of 
!production 
Id adoption 
computer 
>grammes 
(2) The permission granted under subsection (1)(a) does 
not apply wh.ere the right to authorise reproduct ion, 
broadcast or other communic ation to the public is 
expressly reserved by the author or other owner of 
copyright. 
'. 
33 Notwithsta nding the provisions of section (9)(1), the 
publication of the portrait of the author or other owner of 
. 	copyright is permitted without his or her authorisation if 
publication is related to scientific, educational or cultural 
purposes in general or to facts or events of public 
interest that have occurred in public. ubl ic 
34. (1) Notwithst anding the provisions of section 9(1 )(a) 
and (c), the reproduction, in a single copy, or the 
adaptation of a computer programme by the lawful owner 
of a copy of that computer programme is permitted 
without the authorisation of the author or other owner of 
copyright, if the copy or adaptation is necessary for ­
(a) 	use of the computer programme with a· 
computer for the purpose and extent for which 
the computer programme has been obtained; 
(b) 	for archival purposes and for the replacement 
of the lawfully owned copy of the computer 
programme in the event that the copy of the 
computer programme is lost, destroyed or 
rendered unusable. 
(2) No copy or adaptation of a computer programme 
shall be used for any purpose other than those specified 
in subsection (1), and the copy or adaptation shall be 
u"""., uyt:u ii Li H:) conIlnuea possesston ot the copy of the 
computer programme becomes unlawfUl. 
40 Act, 2004 , 
IP/N/1/GMB/C/1 
          - 42 -41 Copyright Act, 2004 , 
Importation for 
personal 
purposes 
Display of 
works 
Ephemeral 
recordings 35. NotWithsta nding the provisions of section 9(1 )(f), the 
importation of a copy of a work by an individual for his or 
her own personal purposes is permitted without the 
authorisation of the author or other owner of copyright. 
36. Notwithstanding the provisions of section 9(1 )(g), the 
public display of the original or copy of a work is 
permitted without the authorisation of the author or other 
owner of copyright provided that ­
(a) the display is made other than by means of a 
film, slide, television image or otherwise on 
screen or by means of any other device or 
process; and 
(b) 	the work has been published or the original 
or the copy displayed has been sold, given 
away or otherwise tran sferred to another 
person by the author or his or her successor 
in title. 
37. (1) Where a work is broadcast, the broadcaster may 
use his or her own facilities to make a recording of the 
broadcast and may produce copies of the recording for 
his or her own use. 
(2) Subject to subsection (3), the broadcaster shall 
destroy copies of the recording within six months after 
the date on which the recording was made. 
(3) An authorised recording under subsection (1) of an 
exceptional documentary character may be preserved for 
presentation to the Niltionill Arrhill"''' 
(4) The preservation of an authorised recording for 
presentation to the Archives does not affect the rights of 
the author in the work that was broadcast. 
IP/N/1/GMB/C/1 
          - 43 -I 
Copyright Act, 2004 , 42 
(5) Whether a recording of a broadcast is of exceptional 
documentary character is a question of fact to be 
determined by the broadcaster after taking into 
consideration the circumstances of the case and in 
particular the need for the enhancement of the historical 
and cultural aspects of life in the country. 
PART V - PROTECTION OF PERFORMERS, 
BROADCASTING ORGANIZATIONS, SOUND 
RECORDING PRODUCERS AND AUDIO VISUAL 
PRODUCERS 
ght of 38. (1) A performer has the economic right and moral ,rformers right to a live aural performance and to a performance 
fixed in a sound recording and has the exclusive right to 
authorise ­
(a) 	the broadcast or other communic ation to the 
public of his or her performance, except where 
the broadcast or the other communication ­
(i) 	is made from a fixation of the 
performance, other than a fixation made 
under the terms of section 42 or 
otherwise made without the 
(ii) 	is a re-broadcast made or authorised by 
the organization initially broadcast the 
performance; 
(b) the fixation of his or her unfixed performance; 
his or her performance, in any manner or form; 
IP/N/1/GMB/C/1 
          - 44 -Copyright Act, 2004, 43 
(d) the distribution 	 to the public by sale or other 
transfer of ownership, of a fixation of his or her 
performance, or copies thereof, that have not 
already been subject to a distribution authorised 
by the performer; 
(e) rental to the public or public lending of a fixation or 
copies of the fixation of his or her performance 
irrespective of the ownership of the copy rented 
or lent; 
(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) A person shall not ­
(a) broadcast or communicate the performance of 
a performer directly or indirectly to the public 
except ­
(i) 	where the performance is made for a 
previously authorised fixation; or 
(ii) 	where the transmission is one that has 
been authorised by the broadcasting 
organization that transmits the first 
performance; 
(b) arrange the fixation of a performance not 
I'"' ...... ,,:"' ....... . .r. .. _...l __ __ ..... . _' _ _ • 
.-. _ ........ _..... J .u........... """ .... t-" 'l.,;;JI\.f'C;1I 111c:.UIUI II. 
(c) provide 	the first public distribution of the 
original or a copy of a fixation of a 
performance; 
IP/N/1/GMB/C/1 
          - 45 -Copyright 
 44 Act, 2004 , 
(d) 	provide or obtain a rental of the original or a 
copy of the performance for the purpose of 
direct or indirect commercial advantage 
irrespective of the ownership of the original or 
copy rented; or 
(e) 	make available to the public a fixed 
performance by wire or wireless means, in a 
way that members of the public may access it 
from a place and at a time individually chosen 
by them, without the authorisation of the 
performer. 
(3) A person shall not reproduce a fixation of 
performance where ­
(a) the performance 	 is initially fixed without the 
authorisation of the performer; 
(b) the reproduction is made for a purpose other 
than that for which the performer gave the 
authorisatio n; or 
(c) 	the performance is initially fixed in 
accordance with this Act but the reproduction 
is 	 made for purposes other than those 
specified. 
(4) Where two or more performers take part in the same • 
performance as a group, authorisation may be given by 
the legal representative of the group or by the leader of 
the group. 
{5) Onc"" th"" performer has authorised the incorporation 
of his or her performance in an audiovisual fixation, the 
provisions of subsection (1) shall have no further 
application. 
a 
IP/N/1/GMB/C/1 
          - 46 -Copyright Act, 2004, 45 
Performers 
right to enter 
into contracts 
Authorisation 
relating to 
broadcast (6) The performer shall, independentl y of his or hE 
economic rights and even after the transfer of thos 
rights as regards his or her live aural performance s an 
performances fixed in sound recording, have the 
right to ­
(a) claim to be identified as the performer of his 
or her performances, except wher 
omission is dictated by the manner of th 
use of the performance, and 
(b) object to any distortion, mutilation 	or othE 
modification of his or her performances thɢ 
would be prejudicial to his or her reputation 
(7) The provisions of section 10 (2) and (3) apply mutati 
mutandis to the rights granted under subsection (5); 
39. No provision in this Act shall preclude the right of 
performer to enter into a contract with any person 0 
such terms and conditions as he or she thinks fit for th 
use of his or her performance by another person. 
40. In the absence of any law or contract to the contral') 
.the provisions of section 38 shall not imply a consent to . 
(a) 	license other broadcasters to transmit th 
performance; 
(b) make a fixation of the performance; 
(c) reproduce the fixation if the authorisation grante, 
is to broadcast and make a fixation of th, 
performance; or 
IP/N/1/GMB/C/1 
          - 47 -46 . Copyright Act, 2004, -
.. -. '(d) broadcast the performance from a previous.. fixation or from the reproduction of the fixation 
where,-i'jnitial permission was given solely to 
enable the broadcasting of the performance. 
Broadcasting 41.' A broadcasting organization has the exclusive right 
organ izations . to authorise or prohibit ­
(a) the re-broadcasting of its broadcast; 
(b) the fixation of its broadcast; or 
(c )the reproduction of a fixation of its broadcast 
where ­
(i) the 	fixation used to make the 
reproduction is made without 
authorisation. or 
(ii) the broadcast is initially fixed in 
accordanc e with the provisions of 
this Act. but the reproduction is 
made for purposes other than those 
specified. 
Rights of 42. (1) The producer of a sound recording or audio visual 
sound work may authorise or prohibit ­recording 
producers and 
audiovisual . (a) the direct or indirect reproduction of that sound 
producers recording or audio visual work; 
(b) importation of copies of the sound recording; 
IP/N/1/GMB/C/1 
          - 48 -47 	 Copyright Act, 2004, 
(c) the distribution to the public by sale or other 
, transfer of ownership of the original or copies 
of the sound recording that has not already 
been subject to a distribution authorised by 
the producer; 
(d) rental to 	the public or public lending of a copy 
of the sound recording, irrespective of the 
ownership of the copy rented or lent; 
(e) 	the making available to the public of the sound 
recording, by 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 rights under subsection (1) shall be protected 
from the date of publication of the sound recording until 
the end of the fiftieth calendar year following the year of 
publication or, if the sound recording has not been 
published, from the fixation of the sound recording until 
the end of the fiftieth calendar year following the year of 
fixation. 
(3) The producer of a sound recording or audiovisual 
work may make available to the public a sound recording 
or audio visual work by wire or wireless means in such a 
way that members of the public may access it from a 
place and at a time individually chosen by them. 
(4) A copy of a sound recording or audiovisual work is 
unlawful if with or without imitatino the outward 
characteristic of the original work it incorporates all or 
part of the producer's sound recording or audiovisual 
work without his authorisation. 
IP/N/1/GMB/C/1 
          - 49 -Copyright 2004, 
{ 
Act, 48 
mltation on 
·otection 
quilable 
lmuneration 
r producers 
,d 
erformers 43. The provisions of sections 38, 40, 41and 42 shall not 
apply where the acts referred to are concerned with ­
(a) private use; 
(b) the reporting of current events, but only short 
excerpts of a performance, sound recording, 
audiovisual work or broadcast may be used; 
(c) teaching or scientific research; and 
quotation in the form of short excerpts of a performance, 
sound recording, audio visual work or broadcast, which 
are compatible with fair practice and are justified by 'the 
informative purpose of those quotations 
44. (1) The user of a sound recording or audio visual 
work shall pay the producer and the performers 
reasonable remuneration for ­
(a) 	a sound repording or audio visual work 
published for commercial purposes; 
(b) 	a production of a sound recording or audio 
visual work, if the sound recording or audio 
visual work is used for broadcasting or in any 
other from of communication to the public; 
and 
. (c) 	for the public performance of a sound 
recording. 
(2) The right to an equitable remuneration under this 
section shaJf subsist from the date of Dublication of the 
sound recording until the end of the fiftieth calendar year 
following the year of publication or, if the sound recording l 
IP/N/1/GMB/C/1 
          - 50 -46, (1) A 
noticp. shFlII hp. nrintAfi on I'o!,;"" r.f 
Ÿ"" nrl 
49 Copyright Act, 2004, 
Obligation of 
producers 
Notice of 
prol6Cuon OT 
͡;͢hts oJf 
producers has not been published, from the date of fixation of the 
sound recording until the end of the fiftieth calendar year 
following the year of fixation, 
(3) For the purposes of this section, a sound recording 
that has been made available to the public by wire or 
wireless means in such a way that members of the public 
may access it from a place and at a time individually 
chosen by them shall be considered as if it has been 
published for commercial purposes, 
45, (1) The producer of a sound recording or audio visual 
work shall state on the label of the sound recording or 
audio visual work or on its container ­
(a) the name of the author and those of the main 
performers; 
(b) the title of the work; 
(c) the year the original matrix was cut; 
(d) the 	individual or corporate name or the 
distinguishing mark of the producer; and 
(e) that the rights accruing to the producer under 
this Act are reserved, 
(2 ) ChOirs, orchestras and composers shall be referred 
to by their proper names or by the name of the leader for 
the purpose of paragraph (a) of subsection (1)(a), 
recording or 	 w,.,rə. made for 
purposes which shall include ­ccmmerC!2! Rl Jrlin viæIJfll 
IP/N/1/GMB/C/1 
          - 51 -Copyr; ght 50 Act, 2004 , 
(a) the symbols © and (p); and 
(b) the year of first publication of the sound 
recording or audiovisual work. 
(2) The notice shall be placed in such a manner as to 
give reasonable notice of claim of protection of the rights 
of the producer. 
(3) If the notice on the copies of the sound recording, 
audio visual work or their container s does not identify the 
producer or his or her licence by his or her name, 
description or trade mark, it shall indicate the name of 
the person who owns the rights of the producer. 
(4) Non-compliance with the provisions of this section by 
a producer does not deprive the producer of protection of 
this Act if made in accordance with its provisions. 
(5) A person may use fixations or reproductions made in 
good faith before the commencement of this Act if made 
in accordance with its provisions. 
PART VI -SUPPLEM ENTARY PROVISIONS 
47. Tiltl authur, fJerfurmer and producer of sound 
recordings and other copyright work is entitled to 
royalties under this Act when sound recording discs or. 
other devices are used in a public performance or in a 
public place or where they are used in broadcasting or 
audiovisual work. 
(a) a work with expired terms of protection; 
I 
IP/N/1/GMB/C/1 
          - 52 -Copyright 51 
(2) For the purposes of 
by an author or his or her 
to the wdrk. 
(3) 
Registration of 
works Act. 2004, 
(b) a work by an author who has renounced his 
or her rights; and 
(c) a foreign work that does not enjoy protection 
in The Gambia. 
subsection (1) (b), renunciation 
successor in title of his or her 
rights provided under sections 9 and 10 shall be in 
writing and made public, but the renunciation shall not 
conflict with any previous contractual obligation relating . 
For the purposes of this section, ·public domain" 
means copyright works which do not enjoy protection 
because of the expiration of the term of protection or in 
the case of foreign works , those which lack international 
conventions and treaties to ensure protection . 
(4) Subject to the payment of such fee as may be 
specified by the Centre, a work that has fallen into the 
public domain may be used without any restriction. 
49. (1) The Centre shall open and maintain registers in 
which shall be registered works, productions and 
associations of authors. 
(2) The purposes of registration are to-
(a) maintain a record of works; 
(b) publicise the rights of the owners; and 
(c) 	provide evidence of the ownership and 
authentication of intellectual property. 
IP/N/1/GMB/C/1 
          - 53 -". Copyright Act. 2004. 	 52 
nfringemenl of 
Xlpyrig hl (3) The publisher or executive producer of a work in The 
Gambia shall submit it for registration by the Centre not 
later than one month before its publication and two 
copies of the best · edition shall be deposited at the 
Centre. 
(4) A publisher or executive producer who fails to submit 
a work for registration in accordance with subsection (3) 
commits an offence and is liable on summary conviction 
to a fine not exceeding one hundred thousand dalasis . 
(5) In this section, "executive producer" means a person 
who financ es the production of a work from its beginning 
to the end. 
CHAPTER III • INF RINGEMENT AND 
ENF ORC EMENT OF COPYRIGHT 
50. (1) Subject to this Act, a person who, without the 
licence or authorisation of the author or other owner of 
the copyri ght ­
(a) reproduces, 	duplicates, extracts, imitates or 
imports into the country, except for his or her 
private use, any work; 
(b) 	causes to be reproduced, duplicated, extracted, 
imitated or imported into the country except for 
his or her private use any work; 
(cl 	distributes or permits or causes to be distributed 
in the country by way of sale or otherwise any 
work; 
(d) 	sells, offers for sale exhibits or permits or 
causes to be exhibited in public any work; 
IP/N/1/GMB/C/1 
          - 54 -Copyright 
 53 Act. 2004 . 
(e) effects the public performance of any work; 
Conservatory 
prov isions and 
measures (f) removes or alters any electronic information; 
(g) distributes, imports for distribution, broadcasts , 
communic ates or makes available to the public, 
work, performances, copies of fixed 
performances or sound recordings knowing that 
electronic information has been removed or 
altered without authority; or 
(h) rents or lends to the public any work, 
infringes the right of the author or other owner of the 
copyright and is liable to be dealt with under this 
Chapter 
(2) For the purposes of this section, the exploitation of a 
work in a manner pre judicial to the honour or reputation 
of the author is an infringement of the rights of the 
author. 
51. (1) The High Court shall have jurisdiction to hear 
cases under this Act and shall have the authority, 
subject to the relevant provisions of rules of civil and 
cfirnillcti fl1u!;euure Clnd UII ::;ul,;h terms as ii may deem 
reasonable to -
(a) grant injunctions to prevent the infringement or 
prohibit the continuation of the infringement; 
(b) order the impounding of ­
IP/N/1/GMB/C/1 
          - 55 -Copyright 2004, 
Act, 54 
(i) copies 	of works or sound recording 
suspected of being made or imported 
without the authorisation of the owner of 
any right protected under this Act where 
the making or importation of copies is 
subject to such authorisation, or 
(ii) the 	packaging of the implements that 
could be used for the making of, and the 
documents, accounts or business papers 
referring to such copies. 
(2) The provisions of the Civil and Criminal Procedure 
Codes dealing with search and seizure shall apply to 
infringements of rights under this Act. 
Cap. 86: 01 	(3) The provisions of the Customs Act dealing with 
suspension of the release of suspected illegal goods 
shall apply to articles and implements protected under 
this Act. 
ºivil remedies . 52. (1) The owner of a right protected under this Act 
whose right has been infringed is entitled to payment, by 
the defendant, of ­
(a) 	damages for the prejudice suffered as a 
consequenc e of the act of infringement, and 
(b) 	expenses caused by the infringement, 
including legal costs. 
(2) The amount of damages shall be fixed in accordance 
with the relevant provisions of the rules of civil 
proceedinqs, takinq into account the importance of ­
(a) 	the material and moral prejudice suffered by 
the owner of the right; 
IP/N/1/GMB/C/1 
          - 56 -Copyright Act, 2004, 55 
(b) 	the defendant's profits attributable to the 
infringement. 
(3) Where infringing copies exist, the court shall have 
the authority to order the destruction or other reasonable 
disposal of those copies and their packaging outside the 
channels of commerce in such a manner as to avoid 
harm to the owner of the right unless the owner of the 
right requests otherwise. 
(4) Where there is a danger that implements may be 
used to commit or continue to commit an act of 
infringement, the Court shall, whenever and to the 
extent that it is reasonable, order their destruction or 
other reasonable disposal outside the channels of 
commerce in such a manner as to minimize the risks of 
further infringements, including surrender to the owner 
of the right. 
(5) Where there is a danger that an act of infringement 
may be continued, the Court shall ­
(a) 	expressly order that the act shall not be 
committed; and 
(b) 	fix a fine of one hundred thousand dalasis. 
which shall be paid if the order is not 
respected. 
Criminal 53. (1 ) A person who infringes a right protected under sanction s. 
this Act wilfully or by gross negligence and for profit­
making purposes commits an offence and is liable on 
conviction to a fine of not more than five huntir Ad 
thousand dalasis and imprisonment for a term of not 
more than three years or to both the fine and 
imprisonment. 
IP/N/1/GMB/C/1 
          - 57 -Copyright 2004 , 
 Act, 56 
(2) The Court shall fix the amount of the fine, taking into 
particular account, the defendant's profits attributable to 
leasures, 
emedies and 
anctions 
gainst abuses 
t respect 
ftechnical 
evices the infringement. 
(3) The Court may increase up to double the upper limit 
of the penalties specified in subsection (1), where the 
defendant has been convicted for a new act of 
infringement within five years of a previous conviction 
for an infringement. 
(4) The Court shall also apply the measures and 
remedies referred to in sections 51 and 52 in criminal 
proceedings, if no decision has yet been taken on those 
remedies in a civil proceeding, 
54. (1) The following acts are unlawful and, in the 
application of sections 49 to 52, shall be assimilated to 
infringements of the rights protected under this Act ­
(a) 	the manufacture or importation for sale or 
rental of any device or means specifically 
designed or adapted to circumvent any device 
or means intended to prevent or restrict 
reproduction of a work, a sound recording or 
a broadcast, or to impair the quality of 
copies made; 
(b) the 	manufacture or importation for sale or 
rental of any device or means that is 
susceptible to enable or assist the reception of 
a programme, which is broadcast or otherwise 
communicated to the public, including by 
satellite, by those who are not entitled to 
receive the programme; 
IP/N/1/GMB/C/1 
          - 58 -Copyright I 
 Act, 2004 57 
(c) 	the removal or alteration of any electronic 
information without authority; 
(d) 	the distribution, import for distribution, 
broadcasting, communication to the public or 
making available to the public, without 
authority, of works, performances, sound 
recordings or broadcasts, knowing or having 
reason to know that electronic information has 
been removed or altered without authority. 
(2) In the application of sections 50 to 52, an unlawful 
device and means mentioned in section (1) and a copy 
from which rights management information has been 
removed or altered, shall be assimilated to infringing 
copies of works, and an unlawful act referred to in 
subsection (1) shall be treated as an infringement of 
copyright or related rights to which the civil remedies 
and criminal sanctions provided for in sections 50 to 52 
are applicable. 
Offe nces 55. (1) A person who sells, offers or exposes for sale or 
related to distribution in The Gambia copies of ­folklore 
(a) expression of folklore made in or outside The 
GalIlUict; 
(b) a 	translation, an adaptation, arrangement or 
expression of folkiore made outside The Gambia 
without the permission in writing of the Centre; 
(c) wilfully misrepresents the source of an 
'CAl-IIC;J;:'IVI I VI IUII"'Vlv, UI 
IP/N/1/GMB/C/1 
          - 59 -Copyright Act, 2004 , 58 
Centre 10 
administer 
this Act 
Functions of 
the Centre 
under this Act (d) 	wilfully distorts an expression of folklore in a 
manner prejudicial to the honour, dignity or 
cultural interests of the community in which it 
originates, 
commits an offence, 
(2) A person who commits an offence under subsection 
(1) is liable on convicti on, in the case of ­
(a) 	an individual, to a fine not exceeding one 
hundred thousand dalasis or imprisonment for a 
term not exceeding twelve months or to both the 
fine and Imprisonment; and 
(b) 	a body corporate, to a fine of five hundred 
thousand dalasis, 
(3) A Court before which an offence under this section is 
tried may order that the infringing or offending article be 
delivered to the Centre, 
CHAPTER IV -ADMI NIS TRATION 
56, The Centre shall be responsible for the 
administration of this Act. 
57, The Centre shall ­
(a) 	be responsible for all matters affecting 
copyright in The Gambia; 
(h) 	rnnnitnr ;lnrj "'lJflArvic:e The Gamhia's position 
in relation to international conventions and 
advise Government accordingly; 
IP/N/1/GMB/C/1 
          - 60 -Copyright Act, 2004 . 59 
(C) 	enlighten aM inform the public on matter 
relating to copyright; 
(d) 	maintain an effec tive data bank on author 
and other owners of copyright and their works 
(d) undertake 	 such other tasks relating t 
copyright as the Secretary of State ma 
assign to it. 
Copyright 58. (1) The Board may,. by notice published in th inspectors Gazette, appoint for the Centre such number c 
copyright inspectors as it deems fit for the purposes c 
this Act. 
(2) 	A copyrifjht inspe ctor shall have the power to -
(a) enter, inspect and examine, at any 
reasonable time, any building or premises 
which he or she suspects is being used fo 
an activity which infringes copyright under 
this Act; 
(b) arrest a person who he or she reasonably 
believes has committed an offence unde 
this Act; 
(c) carry out such examination and inquiry a: 
may be necessary to ascertain compliano 
with the provisions of this Act; 
(d) require the register 	 kept under section 21 
to be produced for inspection, examinatior 
or copying, if necessa ry; 
IP/N/1/GMB/C/1 
          - 61 -Copyright Act. 2004 . 
 60 
a purpose (e) require a person found in the building or 
premises to give such information as he or 
she may have relating to 
specified in this Act; 
(f) carry out such examinati on, test or analysis 
within . the building or premises as is 
required to give effect to any provision of 
this Act; 
(g) take 	instant photographs where any 
examination, test or analysis under 
paragraph (f) is carried out in the building 
or premises; and 
(h) do such other things as the Centre may 
delegate to it to give effect to this Act. 
(3) A person who obstructs a copyright inspector in the 
performance of his or her duties commits an offence and 
is liable on conviction to a fine not exceeding fifty 
thousand dalasis or imprisonment for a term not 
exceeding two years or to both fine and imprisonment. 
Anti-piracy 59. (1) The Centre has power, with the approval of the 
devices Secretary of State, to prescribe any design, label, mark, 
impression or any other anti-piracy device for use on, in 
or in connection with any work which is protected under 
this Act. 
(2) A person who ­
(a) sells, rents, hires; or . 
(b) offers for sale, rent or hire, 
IP/N/1/GMB/C/1 
          - 62 -,"''' .. 01 61 
hp. nr c;hA hnlrlc: !:a lirpnf'o iCCl 
lon , .,."rfn,. r!'-,",I .'" ..... .. .-. Copyright Act, 2004 , 
Licences 
required for a work in contravention of a prescription made under 
subsection (1) commits an offence and is liable on 
conviction to a fine not exceeding one hundred 
thousand dalasis or imprisonment for a term not 
exceeding three years or to both the fine and 
imprisonment. 
(3) A person who, without the permission of the Centre ­
(a) imports into The Gambia; or 
(b) has in his or her possession, 
an anti-piracy device prescribed under subsection (1) or 
any machine, instrument or other thing intended for use 
in the production of an anti-piracy device, commits an 
offence and is liable on conviction to a fine not 
exceeding five hundred thousand dalasis or 
imprisonment for a term not exceeding three years or to 
both the fine and imprisonment. 
CHAPTER V - LIC ENSING PRO VISIONS 
60 (1) As from the commencement of this Act, no person 
shall act as a producer, publisher or distributor unless 
 certain 
activiUes 
__ ê. _. __ __ . __ • __ _ .. .... .... .. .... .... ..... .... _ .... ,... .... . VI t-'UI .;tUQI IL LV 
","f. 
this Act for that purpose, 
(2) A person who contravenes the provisions of this 
section commits an offence and is liable on conviction to 
a fine of not more than fifty thousand dalasis, 
(3) In this section, "distributor" mA::ln!'l ::I !,",,,,r!'lf'ln whn h<l'" 
the responsibility for distributing ::I wnrk to the p',.!!)!iC, 
IP/N/1/GMB/C/1 
          - 63 -Copyright Act, 2004 , 62 
'pplication for 
icence or 
lsrmit 
!ssuance or 
refusal of 
licence or 
permit 
False 
declarallon or 
representation 61 , (1) A person who wishes to obtain a licence under 
this Part shall apply to the Centre in such form as the 
Centre shall prescribe, 
(2) On receipt of an application under this section, the 
Centre may make such investigations or require such 
information as may be necessary, for the consideration 
of the application 
62, (1) After due consideration of an application, the 
Centre may ­
(a) 	issue to the applicant the licence applied 
for, with such conditions as it may deem 
fit; or 
(b) 	refuse to issue the licence, giving reasons 
for the refusal. 
(2) Unless earlier cancelled or revoked, a licence issued 
under this Act shall remain valid until the thirty-first day 
of December next following the date of issue and may, 
thereafter, be renewed from year to year or for such 
further period or periods as may be specified. 
(3) An application for the renewal of a licence or permit 
shall be made not later than such period as may be 
prescribed by the Centre before the expiration of the 
existing licence. 
(4) A licence or permit may be renewed, subject to such 
conditions as the Centre may deem necessary; 
63. A person who. for the purpose of obtaining a licence 
under 
this Part, makes a declaration that is false 
commits an offence and is liable on conviction to a fine 
not exceeding thirty thousand dalasis. 
IP/N/1/GMB/C/1 
          - 64 -63 Copyright Act, 2004 , 
Suspension 
ani! revocation 
of licence 
Appeals to 
Secretary of 
State 64. (1) The Centre may suspend or cancel a licence if 
the holder of the licence contravenes a provision of this 
Act or of a condition attached to the licence. 
(2) Where the Centre suspends or cancels a licence 
under subsection (1), it shall notify the holder of the 
licence accordingly, and he or she shall cease to carry 
out the activity authorised by the licence immediately on 
being notified. 
65, (1) A person who is aggrieved by ­
(a) the refusal of the Centre to issue or renew a 
licence; or 
(b) the suspension or cancellation of a licence, 
may within fourteen days of receipt of the notification of 
the action complained of, appeal to the Secretary of 
State, 
(2) The appeal shall be in writing stating the grounds of 
appeal and be accompanied by such other written 
statements or document as the appellant may wish to 
submit in support of the appeal. 
(3) The Secretary of State shall, within thirty days of 
receiving the appeal, take a final decision and 
communicate the decision to the appellant. 
IP/N/1/GMB/C/1 
          - 65 -Copyright 
 Act, 2004 , 64 
Establishment 
of the 
Collecting 
Society of The 
Gambia 
Establishment
,..ū ....... 
governinQ 
Board CHAPTER VI -COL LECTING SOCIETY OF 
THE GAMBI A 
PART I - ESTABLISHMENT OF THE COLLECTING 
SOCIETY OF THE GAMBIA AND ITS GOVERNING BOARD 
66. (1) There is hereby established for authors and other 
owners of copyright in The Gambia, a society to be 
known as the Collecting Society of The Gambia. 
(2) The Society shall be a body corporate with perpetual 
succession and a common seal and may sue and be 
sued in its corporate name. 
(3) For the purpose of peJiorming its functions under this 
Act or any other law, the Society shall have the power to 
acquire and hold any moveable and immoveable 
property and to dispose of the property and to enter into 
any contract or other transaction. 
(4) The Society shall be non-profit making and be 
responsible for ­
(a) 	promoting, representing and 
protecting 
the interests of its members; and 
(b) 	except as otherwise provided under this 
Act, collecting and distributing the royalties 
and other remuneration accruing to its 
members under this Act. 
67. (1) There is hereby established, for the Society, a 
governing !:loara, wnlcn snail be responsible tor me 
overali poiicy and generai management of the Society. 
IP/N/1/GMB/C/1 
          - 66 -65 
Meetings of the 
. Society Board CODvright Act ?004· 
(2) The Society Board shall comprise ­
(a) 	the President of the General Assembly of 
the Society, as the chairperson; 
(b) 	two persons nominated by the Musicians 
I Ini,..,n nf Th.o. r:!.'"lo ........ hi..,,· 
...... . ...... . , ...... , " .... _ ..... '1' ......... , 
(c) 	one music producer nominated by The 
Gambia Association of Music Producers; 
(d) 	one literary author nominated by The Gambia 
Association of Writers; 
(e) 	a representative of The Gambia Association 
of Book Publishers; 
(f) a representative of performing artistes; 
(9) a representative of film produce rs; 
(h) 	a representative of the Director General of 
the Centre; and 
(i) the Executive Secretary of the Society. 
68. (1) The Society Board shall meet for the discharge 
of its business at least once in every three months at 
such times and places as the Chairperson shall appoint. 
(2) The Chairperson shall, at the written request of the 
Executive Secretary or not less than seven members of 
the Society Board, convene a special meeting of the ' 
Society-Board to transact any extraordinary business on 
a date specified in the request. 
IP/N/1/GMB/C/1 
          - 67 -Copyright 
.. . LI 
D_ .... ....4 
L.lVClIY 
Act, 2004. 66 
(3) A written notice of a special meeting of the Society 
Board shall ­
(a) be sent to each member not later than 
twenty -four hour s before the meeting; and 
(b) specify the business for which the meeting is 
being convened. 
(4) Where a request under subsection (2) is made by 
members, other than the Executive Secretary , the 
request shall be transmitted to the Executive Secretary, 
stating the business to be transacted, at least two 
working days before the date specified in the request. 
(5) The quorum of the Society Board at any meeting 
shall be six, including the Chairperson or the Executive 
Secretary. 
(6) The Society Board shall take decisions by a simple 
majority of the votes of members present and, where 
there is an equality of votes, the person presiding shall 
have a casting vote. 
(7) The Chairperson shall preside at every meeting of 
the SOciety Board at which he or she is present, and in 
h:.... "' .. h_ ... ... h ...... é ....... ...h ..... ................. ....... ..,. ,...ũ .. h .... C" .... ,...·IS
Ill'" VI 1 11;;;01 QU';)OI I"",,O, UIO lll'OII ILJŪI" VI 11.11.., VV\.I 
present shall appoint one of their number to preside at 
the meeting. 
(8) The minu tes of every meeting of the Society Board 
shall be recorded, and signed by the Chair person of the 
meeting after confirmation by the members. 
IP/N/1/GMB/C/1 
          - 68 -67 
 Copyright Act. 2004 • 
Absence of 
Executive 
Secretary from 
meetings 
TransactIon of 
business 
without 
meeUng (9) The Society Board may at any time co-opt any 
person to act as an adviser at any of its meet ings, but 
no person so co-opted shall be entitled to vote at any 
meeting of the Society Board. 
(10) The validity of any proce eding of the Society Board 
shall not be affected by a vacancy among its members 
or by a defect in the appointment of any of its members. 
(11) A member of the Society Board who has an interest 
in a company or an under taking with which the Society 
proposes to enter into a contract shall Ũ 
(a) disclose the nature of his or her interest to 
. the Society Board; and 
(b) not participate in any delib eration and of the 
SoCiety Board in respect of the contract. 
(12) The Society Board may remove from the Society 
Board a member who contravenes the provi sions or 
subsecliOn (1 1 ). 
69. If the office of Exe cutive Secretary is vacant or the 
Executive Secretary is for any reason unable to atte nd a 
meeting of the Society Board. <the person for the time 
being carrying out the duties of the Executive Secretary 
shall attend the meeting and may participate in its 
deliberations. 
70. A reso lution is a valid resolution of the Society Board 
if ..: 
tal It IS signed or assented to by a majority of the . 
members; and 
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          - 69 -• 
Protection of 
members 
Allowances to 
members 
General 
Assembly of 
the Society 68
 Copyright Act. 2004 • 
(b) notice of the proposed resolution was given 
to each member and to the Executive 
Secretary. 
notwithstanding that it was not passed at a meeting of 
the Society Board. 
71. No action. suit prosecution or proceedings shall be 
brought or instituted against a member of the Society 
Board personally in respect of any thing done or omitted 
to be done in pursuance, execution or intended 
execution of this Act. 
72. Members of the Society Board and persons co­
opted to the SOCiety Board shall be paid such 
allowances as the General Assembly of the Society may 
approve. 
PART 11 -GENERAL ASSEMBLY 
73. (1) 
There shall be a General Assembly of the 
Society. which shall consist of all the registered 
members of the SOCiety. 
(2) 	The General Assembly shall ­
(a) determine the qualificat ion for membership 
of the Society; 
(b) 	receive and approve the report on the. yearly 
activities and the audited accounts of the 
Society; and 
(c) make recommendations relating to the 
objects of the Society to the Society Board 
and Secretary of State, as it deems 
necessary . 
I 
IP/N/1/GMB/C/1 
          - 70 -69 Copyright Act, 2004, 
Functions of 
the Society 
(3) The General Assembly shall have a President and a 
Vice President, both of whom shall be elected at a 
meeting called by the General Assembly for that 
purpose, 
(4) The President and Vice President shall hold office for 
a period of two years and may be re-elected for one 
further term only. 
(5) The General Assembly shall meet for business at 
least once a year at such times and places as the 
President of the Society may determine, 
(6) At a meeting of the General Assembly, the President 
shall preside but in his or her absence, the Vice 
President of the Society shall preside. 
(7) The quorum for a meeting of the General Assembly 
shall be one-third of all the registered members of the 
Society, 
(8) The President or one-third of all the registered 
members of the General Assembly may convene an 
extraordinary meeting of the Society. 
PART I!!", FUNCT!O͠ JS OF THE SOCIE TY 
74. 	The functions of the Society are to ­
(a) administer, exclusively within The Gambia, or 
outside The Gambia on the basis of 
reciprocity, all rights relating to public 
nŷufnr mŶnrjOoC: hv It, mAmhAr C::: 
, 	 . 
(b) 	act as an intermediary for the conclusion of . 
contracts between its members and users of 
their works; 
IP/N/1/GMB/C/1 
          - 71 -Copyright , Act, 2004 	 70 
(c) 	receive and record any information from its 
members in respect of their identification and 
their works; 
(d) 	charge and collect on behalf of its members 
royalties from the users of their works and pay 
the royalties to the appropriate members, 
subject to deduction of agreed charges; 
(e) 	provide information and advice to its members 
on all matters relating to copyright and keep 
them informed of their rights; 
(f) 	foster harmony and understanding between its 
members and users of their works with a view 
to protectin!;) the rights of its members; 
(g) promote activities for the dissemina tion of 
national cultural works in and outside The 
Gambia; and 
(h) carry out such other duties relating to copyright 
as may be assigned to it by the Society Board. 
PART IV -MAN AGEMENT AND STAFF 
:xecu!ive 
75. (1) There shall be for the Society an Executivelecretary 
Secretary who shall be appoin ted by the Society Board. 
(2) The Executive Secretary shall ­
(a) be the chief executive of the SOCiety; 
(0) 	De responslole Tor me execution and 
impiementation of the policy of the Society 
Board and the transaction of the day-to­
day business of the Society; and 
IP/N/1/GMB/C/1 
          - 72 -Copyri ght 71 
 Act, 2004 , 
Other staff of 
lhe Society 
Fund of the 
Society 
(c) exerc ise supervision and control over the 
acts of all employees of the Society. 
(3) The Society Board may delegate to the Executive 
Secretary such of its functions as are necessary to 
enable him or her to transact efficiently the day-to-day 
business of the Society and for that purpose, the Society 
Board may, from time to time, issue written instructions. 
76. (1) The Society Board shall appoint for the SocietY 
such employees as it may think necessary for the due 
discharge of the functions of the Society, on such terms 
as to remuneration or otherwise as it may determine. 
(2) The Society Board 
 · shall be responsible for the 
discipline and removal of employees of the Society. 
(3) The Society Board shall make regulations 
establishing schemes for pensions, gratuities and other 
retirement benefits in respect of employees of the 
Societ y. 
(4) The Board shall, for the purpose of achiev ing 
maximum efficiency in the discharge of its functions 
under this Act, institute schemes for the training of its 
employees in administrative, technical, managerial and 
other capacities with a view to securing the benefit of 
their knowledge, experience . and 
 expertise in the 
conduct of the operations of the Society. 
PART V - FINANCIAL PROVISIONS 
77. The Society shall maintain a fund into which shall 
be paid -
(a) royalties; 
I 
IP/N/1/GMB/C/1 
          - 73 -Copyright 72 Act, 2004 , 
Accounts and 
Annu al report (b) fees charged for services rendered; 
',j (c) dona'tions and gifts; 
(d) membership dues; and 
'(e) such other sums as may accrue to the " Society from any other source. 
78. (1) The Society shall keep proper records and books 
auditof accounts of its incomes and expenditure. 
(2) The Society shall prepare a statement of accounts in 
respect of each financial year. 
(3) The Society shall, within three months of the end of 
each financial year, submit to independent auditors for 
auditing its statement of accounts for the preceding 
year. 
(4) The audited accounts of the $ociety and the 
independent auditors' report shall be submitted to the 
General Assembly. 
79. (1) The Society Board shall, not later than three 
months after the end of each financial year, submit to 
the General Assembly in respect of the financial year an 
annual report on the activities of the Society. 
(2) The report under subsection (1) shall include ­
(a) information with regard to the affairs and 
policy of the Society; 
(b) a copy of the audited accounts of the 
Society in respect of that year together with 
the Auditor's report on the accounts; and 
IP/N/1/GMB/C/1 
          - 74 -Copyright A"t, 2]04::..:...:, __ _ 73 
IŴ\ c, ,ŵh nthor infnrm",tinn "'!': the Secretarv of ,-, ----
State may request in writing, 
(3) The Executive Secretary shall also, from time to 
time, provide the General Assembly with such 
information relating to the affairs of the Society as the 
General Assembly may request in writing, 
PART VI- LEGAL PROCEEDINGS 
Notice of action 	80. (1) No action shall be brought against the Society 
unless at least one month's written notice of the 
intention to bring the action has been served on the 
Society by the intending plaintiff or his or her agent. 
(2) The notice shall state the cause of action, the name 
and place of abode of the intending plaintiff and the 
relief that he or she claims. ." ɘ 
Service 81. The notice referred to in section 98 and any 
summons, notice or other document required or 
authorised to be served on the Society in connection 
with any suit by or against the Society may be served by 
delivering it to or sending it by registered post 
addressed to the Executive Secretary. 
Execution of 82. In any action or suit against the authority, no _ 
judgment 
(a) execution or attachment or process in the 
nature thereof shall be issued against the 
Society, or 
(b) sums of money which may by judgment of 
the court be awarded against the Society 
shall be paid by the Society from its funds, 
IP/N/1/GMB/C/1 
          - 75 -, 
Copyright Act, 2004 , 74 
before the expiration at least three months from the date 
of the judgement of the court. 
83. In any suit pending before the court, the Society 
may be represented in court at any stage of the 
proceedings by any officer or other employee of the ãepresentation 
ndemnity of 
Ifficers 
Ipplication for 
.ermission to 
Ise authors 
vorks 
ärant of 
åermjssion Society duly authorised in writing by the Society in that 
behalf. 
84. No officer or employee of the Society or a person 
acting on the direction of the Society shall be liable in 
respect of a matter or thing done by him or her in good 
faith for the purposes of this Act. 
PART VIl -SUPPLEMEN TARY PROVISIONS 
85. (1) Subject to section 86, a person who wishes to 
use or perform the work of any of the members of the 
SOciety or cause the work to be performed in public for 
gain shall apply to the Society for permission to do so. 
(2) The application for permission shall be in such form 
as may be prescribed by the Society. 
86. (1) The Society shall charge such fees in respect of 
granting a permission as it may, from time to time, 
determine. 
(2) A permission granted under subsection (1) shall be 
for such duration and on such terms and conditions as 
the Society may determine. 
(3) ThA SOr:iAtV milV illso omsr:rihA oAnalties for 
r:ontmvAntion of this !';Actinn ann of ilnv tArm or 
condition of the permission. 
IP/N/1/GMB/C/1 
          - 76 -75 Copy right 
Act 2004 , 
Offe nces by 
body of 
persons 
Settle ment of 
disputes CHAPT ER VII -MISCELL ANEOUS 
PROVISI ONS 
87. (1) Where an offence is committed by a body of 
persons under this Act ­
(a) 	in the case of a body corporate, other than a 
partner, every director or secretary of the body 
corporate shall also be deemed to have 
committed the offence; and 
(b) in the case of a partnership, every partner shall 
also be deemed to have committed the offence .. 
(2) No person shall commit an offence under this section 
if it is proved to the satisfaction of the court that the 
offence of which the person is charged was committed 
by some other persons and was without his or her 
consent or connivance and that he or she exercised 
such diligence to prevent the commission of that offence 
as he or she ought to have exercised having regard to 
the circumstances. 
88. (1) Where any dispute arises between any parties 
under this Act or in relation to any copyright or claim 
under this Act, the parties involved in the dispute shall 
first seek to negotiate a settlement of the dispute among 
themselves. 
(2) Where negotiation under subsection (1) fails, a 
report shall be made by either or both parties to the 
Executive Director who shall mediate for a settlement. 
(3j Where no settiement IS arnved at upon mediation, 
the matter shall be referred by the Executive Secretary 
to the Secretary of State. 
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          - 77 -CODvr;ght Act. 2004 . 
Regulations 
Repeal and 
savings 
Cap. 95:05 76 
(4) The Secretary ot State shall, on a reference under 
subsection (3), appoint two persons who shall then 
appoint a chairperson to settle the dispute and 
pronounce a decision within twenty-one days from the 
date of reference. 
(5) A party dissatisfied with the decision made under 
subsection (4) shall have recourse to the courts. 
89. The Secretary of State may make regulations ­
(a) for the registration and deposit of works; 
(b) for the levy payable on technical devices used 
for copyright materials; 
(c) for the form and scope of contracts and licences 
relating to publishing, performing, sound 
recording and audiovisual productions; and 
(d) generally, for carrying into effect the provisions 
of this Act. 
90. (1) The Copyright Act is hereby repealed. 
(2) The repeal of the Copyright Act shall not affect any 
copyright or other rights that were vested in a person by 
virtue of that Act, and those rights shall continue to be 
enforceable as if they were conferred under this Act. 
(3) Notwithstanding the repeal of the Copyright Act, any 
regulation made under it and in force immediately before 
the commencement of this Act shall, if not inconsistent 
with this Act, continue in force until amended or revoked 
under this Act. 
IP/N/1/GMB/C/1 
          - 78 -Copyright 
 77 Act, 2004 , 
PASSED in the National Assemhly this 5th day of April, 
in the year of Our Lord Two Thousand and I'our 
M. S. JALLOW 
Clerk of the National Assembly. 
THIS PRINTED IMPRESSION has been caref ully compared by me wilh the Bill 
which was passed in the National Asscmhly, and found by me to he a true and correct copy 
of the said Bill. 
M. S. JALLOW 
Clerk of" the Narional Assembly. 
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          - 79 -