Acts 2017377
THE COPYRIGHT  (AMENDMENT) ACT  2017
Act No. 13 of 2017
I assent
BIBI AMEENAH FIRDAUS GURIB-FAKIM
23 November 2017     President of the Republic
______________
ARRANGEMENT OF SECTIONS
Section
 1. Short title
 2. Interpretation
 3. Section 2 of principal Act amended
 4. Section 7 of principal Act amended
 5. Section 9 of principal Act amended
 6. Section 10 of principal Act amended
 7. Section 15 of principal Act amended
 8. Section 16 of principal Act amended 
 9.  Section 20 of principal Act amended
 10. Section 27 of principal Act amended
 11. New section 28A inserted in principal Act
 12. Section 30 of principal Act amended 
 13.  Section 31 of principal Act amended
 14. Section 32 of principal Act amended LEGAL  SUPPLEMENT  377
to the Government Gazette of Mauritius No. 110 of 23 November 2017Acts 2017378
 15. Section 33 of principal Act amended
 16. Section 34 of principal Act repealed and replaced
 17. Section 35 of principal Act amended
 18. Section 36 of principal Act amended
 19. Section 41 of principal Act amended
 20. Section 42 of principal Act amended
 21. Section 43 of principal Act amended
 22. Section 44 of principal Act amended
 23. Section 45 of principal Act repealed and replaced
 24. New section 45A inserted in principal Act
 25. Section 46 of principal Act amended
 26. Section 48 of principal Act repealed and replaced
 27. New section 48A inserted in principal Act
 28. Section 51 of principal Act amended
 28A. New section 51A inserted in principal Act
 29. Section 56 of principal Act amended
 30. Schedule added to principal Act
 31. Commencement
SCHEDULE
_______________
An Act
To amend the Copyright Act
 ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Copyright (Amendment) Act 2017.
2. Interpretation
In this Act –
“principal Act” means the Copyright Act.Acts 2017379
3. Section 2 of principal Act amended 
 Section 2 of the principal Act is amended –
(a)	 by	 deleting	 the	definitions	 “broadcasting	 organisation”,	
“Society” and “sound recording” and replacing them by the 
following	definitions	–
“broadcasting organisation” means a legal entity which takes –
(a) the initiative of packaging, assembling and scheduling 
programme content for which it has, where necessary, 
been authorised by right holders; and
(b) the legal and editorial responsibility for the 
communication to the public of everything which is 
included in its broadcast signal;
“Society” means the Mauritius Society of Authors established 
under section 43;
“sound	recording”	 means	the	fixation	of	a	sequence	 of	sounds	
capable of being perceived aurally and of being reproduced 
by any appropriate device;
(b) by inserting, in the appropriate alphabetical order, the 
following	new	definitions	–
“equipment”	 means	any	recording	 or	transmission	 equipment;
“Ministry” means the Ministry responsible for the subject of 
copyright and related rights;
4. Section 7 of principal Act amended
Section 7 of the principal Act is amended –
(a) in subsection (1), by inserting, after the words “shall have 
the”, the word “moral”;
(b) in subsection (2) –
(i) in paragraph (a), by inserting, after the word “The”, the 
word “moral”;
(ii) in paragraph (b), by inserting, after the word “These”, 
the word “moral”.Acts 2017380
5. Section 9 of principal Act amended
Section 9 of the principal Act is amended, in subsection (4) –
(a) in paragraph (a), by inserting, after the words  “audiovisual 
work”, the words “or phonogram”;
(b) in paragraph (b), by inserting, after the words “audiovisual 
work” wherever they appear, the words “or phonogram”.
6. Section 10 of principal Act amended
Section 10 of the principal Act is amended –
(a) in the heading, by inserting, after the words “ audiovisual 
works ”, the words “ or phonograms, ”;
(b) in subsection (2), by inserting, after the words “audiovisual 
work”, the words “or phonogram”.
7. Section 15 of principal Act amended
Section 15 of the principal Act is amended –
(a)	 in	 subsections	 (1)	and	(2),	by	deleting	the	figure	“50”	and	
replacing	it	by	the	figure	“70”;
(b)	 in	subsection	 (3),	by	deleting	the	figure	“50”	and	the	words	
“audiovisual work, the economic and moral rights” and 
replacing	 them	by	the	figure	“70”	and	the	words	“audiovisual	
work or phonogram, the economic rights”, respectively;
(c)	 in	subsection	 (4),	by	deleting	the	figure	“50”	and	replacing	 it	
by	the	figure	“70”.
8. Section 16 of principal Act amended
 Section 16 of the principal Act is amended by repealing  
subsection (3) and replacing it by the following subsection –
  (3) (a) Where a reproduction concerns an audiovisual 
work or a work embodied in a sound recording, other than the 
reproduction	 of	a	single	copy	by	an	individual	 exclusively	 for	his	
own personal purposes, the author or owner of copyright shall be 
entitled	to	equitable	 remuneration	 to	be	paid	to,	and	distributed	 by,	
the Society.Acts 2017381
   (b)	 The	equitable	remuneration	shall	be	paid	–
(i)	 by	 the	manufacturer	 of	the	equipment	
or material supports, normally used  
for private reproduction for personal 
purposes	 of	the	work,	except	where	such	
equipment	 is,	or	such	material	supports	
are,	exported;	or
(ii)	 by	 the	importers	 of	such	equipment	
or	material	 supports,	 except	where	the	
importation is by a private person for his 
personal purposes.
9. Section 20 of principal Act amended
 Section 20 of the principal Act is amended, in paragraph (a)(ii)(C), 
by deleting the words “a collective copyright management organisation 
under which such copies may be made” and replacing them by the words 
“the Society”.
10. Section 27 of principal Act amended
 Section 27 of the principal Act is amended, in subsection (2), by 
deleting	the	words	“such	equitable	 remuneration	 as	may	be	prescribed”	
and	replacing	 them	by	the	words	“an	equitable	 remuneration	 to	the	Society	
which shall distribute it to the author entitled thereto”.
11. New section 28A inserted in principal Act
 The principal Act is amended, by inserting, after section 28, the 
following new section –
 28A. Conditions for use of copyright protected works
 The limitations on economic rights in this Part shall be 
applicable	 where	they	do	not	conflict	with	the	normal	exploitation	 of	
the work and do not unreasonably prejudice the legitimate interests 
of the owner of the work.
12. Section 30 of principal Act amended
 Section 30 of the principal Act is amended, in subsection (5), by 
deleting	the	word	“fiftieth”	and	replacing	it	by	the	word	“seventieth”.Acts 2017382
13. Section 31 of principal Act amended
 Section 31 of the principal Act is amended by deleting the word 
“may” and replacing it by the word “shall”.
14. Section 32 of principal Act amended
Section 32 of the principal Act is amended –
(a) in subsection (1)(d), by deleting the words “place or” and 
replacing them by the words “place and”;
(b)	 in	subsection	 (3),	by	deleting	the	word	“fiftieth”	 wherever	 it	
appears and replacing it by the word “seventieth”.
15. Section 33 of principal Act amended
 Section 33 of the principal Act is amended by repealing  
subsection (1).
16. Section 34 of principal Act repealed and replaced
 Section 34 of the principal Act is repealed and replaced by the 
following section –
 34. Notice of protection of rights of producers
  (1) Where a copy of a sound recording or an audiovisual 
work is made for commercial purposes, the label of the recording or 
its container shall conspicuously bear a notice, as follows –
 (a) the symbol “P”;
 (b) the hologram of the Society;
	 (c)	 the	year	of	the	first	publication;	and
 (d) the name of the copyright owner.
  (2) The notice referred to in subsection (1) shall be placed 
in a manner that gives reasonable indication of claim of protection 
to the rights of the producer.
  (3) Where the notice referred to in subsection (1) does not 
identify –
(a) the producer, it shall indicate the name of the 
person who owns the rights of the producer;Acts 2017383
(b) the principal performer, it shall indicate the 
name of the person who owns the rights of the 
performers.
  (4) Where a producer fails to comply with this section, this 
shall not deprive the producer of copyright protection.
  (5) No person shall deal in, or have in his possession, a 
copy of a sound recording or an audiovisual work referred to in 
subsection	 (1)	unless	the	hologram	 of	the	Society	is	affixed	on	its	
label or container.
17. Section 35 of principal Act amended
Section 35 of the principal Act is amended –
(a) in subsection (1), by deleting the words “directly”,“or  performers” 
and “producer or”;
(b) by repealing subsection (2) and replacing it by the following 
subsection –
  (2) Unless otherwise agreed between the performer 
and the producer, the amount received under subsection (1) 
shall	be	paid	by	the	Society	in	equal	amount	to	the	performer	
and producer.
(c)	 in	subsection	 (3),	by	deleting	the	word	“fiftieth”	 and	replacing	
it by the word “seventieth”;
(d) in subsection (5), by deleting the words “Section 32 (1)(d)” 
and replacing them by the words “Section 35 (1)”.
18. Section 36 of principal Act amended
 Section 36 of the principal Act is amended, in paragraph (d), by 
deleting the words “Part I” and replacing them by the words “Part IV”.
19. Section 41 of principal Act amended
 Section 41 of the principal Act is amended, in subsection (1)(c), by 
deleting	the	words	“been	fixed	in	a	phonogram	 but	is	included	in	broadcasts”	
and	replacing	 them	by	the	words	“not	been	fixed	in	a	phonogram	 but	is 
carried by a broadcast”.Acts 2017384
20. Section 42 of principal Act amended
 Section 42 of the principal Act is amended by repealing  
paragraph (a).
21. Section 43 of principal Act amended
Section 43 of the principal Act is amended –
(a) in subsection (1), by deleting the words “Rights Management 
Society” and replacing them by the words “Mauritius Society 
of Authors”;
(b) by repealing subsections (2) to (7) and replacing them by the 
following subsections –
  (2) The Society shall be managed and administered 
by a Board and shall have its own seal.
  (3) The Board shall consist of –
(a) a Chairperson, to be appointed by the 
Minister;
(b) a representative of the Ministry;
(c) a representative of the Attorney-General’s 
Office;
(d) a representative of the Ministry  
responsible	for	the	subject	of	finance;
(e) a representative of the Ministry  
responsible for the subject of industry;
(f) a representative of the Ministry 
responsible for the subject of information 
and communication technology;
(g) a representative of the Customs Department;
(h) a representative of the Industrial Property 
Office;Acts 2017385
(i) a member having knowledge and 
experience	 in	the	field	of	copyright	 and	
related rights, to be appointed by the 
Minister after consultation with such 
persons as the Minister may determine; and
(j) 7 other members, to be elected, subject 
to subsection (3A), from amongst the 
categories referred to in the Schedule, and 
in accordance with the procedure for the 
holding	of	an	election	as	specified	 in	that	
Schedule.
  (3A) Where no nomination is received for the election 
of members in any category referred to in the Schedule, the 
Minister shall appoint a member for that category.
  (3B) Where an elected member dies, retires, resigns 
or	is	removed	 from	office,	the	vacancy	caused	shall	be	filled,	
for	the	remaining	period	of	the	term	of	office	–	
(a) by appointing the person who obtained 
the highest number of votes in the relevant 
category, as appropriate, after the elected 
members at the preceding election held; or
(b)	 where	 no	person	is	qualified	 for	
appointment under paragraph (a), by a 
person of that category, to be appointed 
by the Minister.
  (4) The composition of the Board shall be published 
in the Gazette.
  (5) Every member, other than a member referred to 
in	subsection	 (3)(b)	to	(h),	shall	hold	office	for	a	period	of	 
3 years and shall be eligible for re-election or reappointment 
for one additional term.Acts 2017386
  (6) At any meeting of the Board, 9 members shall 
constitute	a	quorum.
  (7) Every member shall be paid such allowance or 
fees as the Board may, after consultation with the Minister, 
determine.
(c) by adding the following new subsections –
  (8) For the purpose of subsection (3)(i), the election 
of the members of the Society shall be held within 3 months 
from the commencement of this section.
  (9) (a) All rights, obligations and liabilities 
subsisting in favour of or against the Rights Management 
Society shall, on the commencement of this section, continue 
to	exist	under	the	same	terms	and	conditions	 in	favour	of	or	
against the Mauritius Society of Authors.
   (b) Any act or thing done, or any contract or 
agreement entered into, by the Rights Management Society 
shall, on the commencement of this section, be deemed to have 
been done or entered into by the Mauritius Society of Authors.
   (c) All proceedings, judicial or otherwise, 
initiated before and pending on the commencement of this 
section, by or against the Rights Management Society, shall 
be deemed to have been initiated, and may be continued, by 
or against the Mauritius Society of Authors.
22. Section 44 of principal Act amended
 Section 44 of the principal Act is amended, in subsection (1), by 
inserting, after paragraph (a), the following new paragraph –
(aa) a Secretary to the Board who shall –
(i) for every meeting of the Board, give notice of 
the meeting to the members and keep minutes of 
proceedings of every meeting; and
(ii) carry out such other duties as the Board may 
assign to him.Acts 2017387
23. Section 45 of principal Act repealed and replaced
 Section 45 of the principal Act is repealed and replaced by the 
following section –
 45. Functions of Society
 The Society shall –
(a) collect copyright fees and charges from the users of a 
work, on behalf of its members, and distribute those 
fees among the members;
(b) determine the criteria for, and classes of, membership 
of the Society;
(c) represent and defend the interests of its members in 
Mauritius and abroad;
(d) contribute, by all appropriate means, to the promotion 
of national creativity in the artistic, literary and 
scientific	fields;
(e) administer within Mauritius such economic rights of its 
members as it may determine;
(f) negotiate with any users of a work –
(i) the conditions of, and the fees and charges to be 
paid for, the authorisation to be given to do an 
act covered by any economic rights referred to 
in paragraph (e);
(ii)	 the	 amount	of	equitable	 remuneration	 where	  
the right to such remuneration is administered  
by the Society;
(g) grant any authorisation which it is permitted to give 
under this Act;
(h) enter into reciprocal agreements with foreign collective 
management	 organisations	 for	the	issue	of	exclusive	
authorisation in respect of their members’ works and 
for the collection and distribution of copyright fees 
deriving from those works;Acts 2017388
(i) endeavour to obtain the transfer of membership 
of Mauritian authors who are members of foreign 
collective management organisations and safeguard in 
favour of the Mauritian authors whose membership has 
been transferred, all the advantages which may have 
accrued to them before the transfer;
(j) enter into contracts with relevant persons, for the 
benefit	of	its	members,	 regarding	 the	use	of	the	works	
of the members;
(k) foster such harmony and understanding between 
copyright owners and the users of their works as may 
be necessary for the protection of the economic rights 
of the authors;
(l) provide its members with information or advice on all 
matters relating to copyright;
(m) establish and administer a Provident Fund and a 
Benevolent Fund for its members and their heirs; and
(n) discharge such other functions as may be prescribed.
24. New section 45A inserted in principal Act
 The principal Act is amended by inserting, after section 45, the 
following new section –
 45A. Committees
  (1) The Board may set up such committees as it may 
determine	 to	assist	it	in	the	discharge	 of	its	functions	 and	the	exercise	
of its powers.
  (2) (a)  A committee shall consist of at least 3 members 
and	2	other	persons	with	relevant	expertise	 not	already	available	 to	
the Board as the Board may co-opt.
   (b) The members and persons referred to in 
paragraph (a) shall be appointed by the Board on such terms and 
conditions as it may determine and be paid such allowance as the 
Board may determine.Acts 2017389
  (3) The Board shall appoint a chairperson of the committee.
  (4) A committee shall meet as often as may be necessary 
and at such time and place as the chairperson of the committee may 
determine.
  (5) A committee shall, within such time as the Board may 
determine, submit its report on any matter referred to it.
  (6) The report referred to in subsection (5) shall contain the 
observations, comments and recommendations of the committee.
  (7) Subject to this section, a committee shall regulate its 
meetings and proceedings in such manner as it may determine.
25. Section 46 of principal Act amended
 Section 46 of the principal Act is amended by repealing  
subsection (1) and replacing it by the following subsection –
  (1)	 (a)		 A 	copyright	 owner	or	exclusive	 licensee	may,	in	
accordance with the rules of the Society, apply for membership of 
the Society.
   (b) The Society shall manage the economic rights of 
its members where such members deposit their works with the Society.
26. Section 48 of principal Act repealed and replaced
 Section 48 of the principal Act is repealed and replaced by the 
following section –
 48. Annual report
  (1) The Director shall, in accordance with the Statutory 
Bodies (Accounts and Audit) Act, prepare, in respect of every 
financial	 year,	an	annual	report	and	submit	it	to	the	Board	for	
approval, together with an audited statement of accounts on the 
operations of the Society.
  (2) The auditor to be appointed under section 5(1) of  
the Statutory Bodies (Accounts and Audit) Act shall be the  
Director of Audit.Acts 2017390
27. New section 48A inserted in principal Act
 The principal Act is amended by inserting, after section 48, the 
following new section –
 48A. Directions by Minister
  (1) The Minister may give such written directions of a 
general character to the Society, not inconsistent with this Act, as 
he considers necessary in the public interest, and the Society shall 
comply with those directions.
	 	 (2)	 The	 Minister	may	require	the	Society	to	furnish	such	
information in such manner and at such time as he thinks necessary 
in respect of its activities and the Society shall supply such 
information.
28. Section 51 of principal Act amended
Section 51 of the principal Act is amended –
(a) in subsection (1), by inserting, after the word “may”, the 
words “, with the approval of the Minister,”;
(b) by repealing subsection (3).
28A. New section 51A inserted in principal Act
 51A. Amendment of Schedule
  The Minister may, by regulations, amend the Schedule.
29. Section 56 of principal Act amended
 Section 56 of the principal Act is amended by repealing  
subsection (1) and replacing it by the following subsection –
  (1) Any person who –
(a) without the written authorisation of the copyright 
owner or Society –
(i) publishes, distributes, sells or reproduces 
a work;
(ii) performs a work in public;Acts 2017391
(iii) communicates a work to the public;
(iv) broadcasts a work;
(v) makes a derivative work;
(vi)	 imports	 otherwise	 than	exclusively	 for	his	
own private and personal use, buys, sells, 
exposes,	 offers	for	sale	or	hire,	or	has	
in his possession in the course of trade, 
any copy of a work which constitutes an 
infringement of the copyright of its owner, 
or would constitute such an infringement 
if the copy of the work were made in 
Mauritius;
(vii) has, in his possession, any copy of a work 
which constitutes an infringement;
(b) manufactures, or imports for sale or rental, any 
device or means which is –
(i)	 specifically	 designed	 or	adapted	 to	
circumvent any device or means intended 
to prevent or restrict reproduction of a 
work	or	to	impair	the	quality	of	any	copy	
made thereof; or
(ii) susceptible to enable or assist in the 
reception of an encrypted program, which 
is broadcast or otherwise communicated 
to the public, by a person who is not 
entitled to receive the program;
(c) has, in his possession in the course of trade any 
apparatus, article or thing, knowing that it is to 
be used for making infringing copies of a work 
or for a purpose referred to in paragraph (b);
  (d) in any other manner contra venes this Act,
 shall commit an offence.Acts 2017392
30. Schedule added to principal Act
 The principal Act is amended by adding the Schedule set out in the 
Schedule to this Act.
31. Commencement
 (1) Subject to subsection (2), this Act shall come into operation 
on	a	date	to	be	fixed	by	Proclamation.
	 (2)	 Different	 dates	may	be	fixed	for	the	coming	into	operation	 of	
different sections of this Act.
 Passed by the National Assembly on the fourtheenth day of 
November two thousand and seventeen.
         Bibi Safeena Lotun (Mrs )
             Clerk of the National Assembly
_______________Acts 2017393
SCHEDULE
[Section 30]
SCHEDULE
[Section 43(3)(j)]
RULES OF ELECTION
Sub-Part A – Categories
 Seven members shall be elected from amongst the following 
categories, as follows –  
(a) 2 members from the category of Music Author, Composer and 
Performer;
(b) 2 members from the category of Audiovisual/Theatrical;
(c) one member from the category of Literary Author;
(d) one member from the category of Publisher; and
(e) one member from the category of Other Works.
Sub-Part B – Procedure for Election
1. Calling for nominations and appointment of nomination day
	 Not	 less	than	one	month	before	the	expiry	of	the	three-month	 period	
specified	 in	section	43(8)	of	the	Act,	and	thereafter,	 not	less	than	one	month	
before	the	expiry	of	the	term	of	office	of	the	members	 referred	to	in	section	
43(3)(j), the Secretary to the Board shall publish in the Gazette and such 
newspaper as the Society may determine, a notice inviting the submission 
of nominations and appointing a day on, and the time at, which nominations 
shall be submitted.
2. Eligibility to stand as candidate
 No person shall be eligible to stand as candidate for election as a 
member of the Board unless, on nomination day, he is a member of the 
Society.Acts 2017394
3. Procedure after nomination
 (1)	 If	the	number	of	persons	nominated	 exceeds	the	number	
of persons to be elected, the Secretary to the Board shall publish in the 
Gazette and such newspaper as the Society may determine, a notice – 
(a) specifying the names of persons duly nominated;
(b) appointing a day, time and place, being not less than 15 
days after the publication of the notice, for the holding 
of an election.
 (2) A person who has been nominated shall not publish or 
distribute any manifesto which is likely to induce persons to vote for him 
to be a member of the Board.
4. Persons entitled to vote
 (1) Every person who, on nomination day, is a member of the 
Society shall be entitled to vote at an election of the members of the Board.
 (2) Every member of the Society voting pursuant to  
subparagraph (1) shall vote for such number of candidates as there are 
vacancies available in the membership of the Board.
 (3) Any vote which is cast contrary to subparagraph (2) shall be 
null and void.
5. Election
 (1) The election of members of the Board shall be conducted 
by	the	Office	of	the	Electoral	 Commissioner	 who	shall	communicate	 the	
results to the Secretary to the Board.
 (2) The Secretary to the Board shall forthwith submit to the 
Minister the results of the election.
 (3) The Minister shall, within 21 days from the date of receipt of 
the results of the election, publish in the Gazette the names of the elected 
members of the Board.
6. In this Sub-part –
 “person” includes an organisation.
_______________