Law / Malawi

Copyright Act, 2016, quotation and current-events reporting exceptions

Copyright Act, 2016, s. 39 (inclusion of quotations) and s. 45 (reporting on current events)

In force since .

A snippet reproduction rule binding public and private bodies.

Instrument type
an act of a legislature

What it requires

  • You may include quotations from a lawfully published work in another work, including quotations from newspaper articles and periodicals in the form of press summaries, without the copyright owner's consent, if the quotation is compatible with fair practice and does not exceed the extent the purpose justifies (s. 39).
  • You may reproduce a work seen or heard in the course of a current event, and make it available to the public, to report on that event by photography, cinematography or other means, to the extent justified for an informative purpose (s. 45).
  • You need not treat the publisher's typographical-arrangement right (s. 82) as covering headlines or snippets: it protects the printed page layout of a published edition against facsimile reproduction, for twenty-five years from the end of the year the edition was first published.

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Section 39 permits, without the copyright owner's consent, the inclusion of quotations from a work in another work, including quotations from newspaper articles and periodicals in the form of press summaries, provided the work quoted has already been lawfully made available to the public and the quotation is compatible with fair practice and does not exceed the extent justified by the purpose.

Section 45 permits reproducing a work and making available to the public any work that can be seen or heard in the course of a current event, for the purpose of reporting on that event, by photography, cinematography or other means of communication, to the extent justified for an informative purpose. Neither section carries a headline-length or short-extract cap distinct from these fair-practice and informative-purpose tests.

The Act's Part VIII neighbouring rights also give a publisher, under section 82, a right against facsimile reproduction of the typographical arrangement of a published edition, lasting twenty-five years from the end of the year the edition was first published, but that right protects the printed page layout against photocopying rather than the underlying text, so it does not reach a news aggregator's reproduction of headlines or snippets.

When LexLint raises it

When your app profile says your app reuses other publishers' content.

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