ZIMBABWEAN GOVERNMENT GAZETTE Published by Authority Vol. LXXII, No. 6 4th FEBRUARY,1994 Price $3,00 General Notice 55 of 1994. photo-graphy, plan or chart referred to in section 2 or any portion thereof shall make an aplication, in writing, to the Surveyor- COPYRIGHT ACT [CHAPTER 200} General, who maygrantin writing or refuse permission for such Copyright (Government Maps, Aerial Photographs, Plans and reproduction to be made or vary the conditions laid down Charts) Notice, 1994 hereunderas heseesfit. (2) If permission is granted in terms of subsection (1), the IT is hereby notified for public information, that the following Surveyor-Generalwill notify the applicant that such permission has provisions apply in respect to the reproduction of maps, aerial been granted and reproduction may not be putin hand until such time photographs, plans and charts copyright in which subsists in the as the letter conveying such permission has been received by the Government of Zimbabwe. applicant. Title (3) Permission,if granted in terms of subsection (1), shall be 1.~ This notice maybe cited as the Copyright (Government Maps, subject to such conditions as the Surveyor-General may impose and Aerial Photographs, Plans and Charts) Notice, 1994. these conditions shall be set outin the letter conveying the permis- = sion. Government copyright 2. By virtue of section 49 of the Copyright Act [Chapter 200], ~ (4) Permission will not normally be granted where a reproduc- and the rights assigned to Governmentby the Liquidating Agency tion is to be made for any purpose for which the maps, aerial constituted by the Federation of Rhodesia and Nyasaland (Dissolu- photographs,plansor charts referred to in section 2 of this notice are tion) Order in Council, 1963, copyright vests in the President in all _ suitable. maps, aerial photographs, plans and charts— . (5) Permission granted in terms of subsection (1) for the (a) producedorpublished by the Surveyor--Generalpriorto the reproduction of any map, aerial photograph, plan or chart shall assignment of the copyright in such maps, aerial photo- specify the form, quantity and limits permitted, and if any person graphs, plans.and charts to the Government of the former wishes to reprint any reproduction, a further application shall be Federation of Rhodesia and Nyasaland for the unexpired made. periodof 50 years from the endof the calendar year in which (6) It shall not be necessary for any person to obtain permis- the map,aerial photograph, plan or chart was made; sion to reproduce a map,aerial photograph,plan orchart referred to (b) depicting Zimbabwe,either wholly or in part, prepared or in section 2 or anyportion thereof where reproduction will be at a published by the Director of Trigonometrical and Topo- scale or 1:3 000 000 or smaller. graphical Surveysin the former Governmentofthe Federation (7) In the event of the Surveyor-General entering into an of Rhodesia and Nyasaland, for the unexpired period of 50 agreementwith a person or company, concerning thejoint copyright years from the end of the calendar year in which the map, of maps, aerial photographs,plansor charts, it will be necessary for aerial photograph, plan or chart was made; the applicant to seek permission from both parties in order to (c) produced or published by the Surveyor-General after the 1st reproduce any maps, aerial photographs, plansor charts ofthe joint January, 1964, for a period of 50 years from the end of the copyright agreement. calendar year in which the map, aerial photograph, plan or chart was made. Acknowledgement 5. (1) Subject to subsection (2), every authorized reproduction Infringement ofcopyright shall bear an acknowledgementin the form “Reproduced with the 3. Subjectto the provisions ofthis notice, Government copyright permission of the Surveyor-General of Zimbabwe, Copyright re- will be deemed to have been infringed by any personwho, without served”. : the written consentof the Surveyor-General, reproduces orstores in aretrieval system or transmits in any form or by any means, whether (2) Departures from the form of acknowledgementset out in electronic, mechanical, photo copying, recording or otherwise, or subsection (1) shall only be by written permission of the Surveyor- translates into another language any copyofor from any map,aerial General. photograph, plan or chart referred to in section 2, whether the Royalties copying is direct or through a fresh drawing, in whole orin part, or from any map or documentbased on such map,aerial photograph, 6.(1) Permission to reproduce any map,aerial photograph, plan plan or chart. or chart referred to in section 2 will normally be subject to the paymentofa royalty fee which will be assessed in accordance with Permission to reproduce maps, aerial photographs, the scale ofroyalties specified in Part I of the Scheduleto this notice, plansor charts taking into accountthe category of copying as defined in section 7, 4. (1) Subject to subsection (6) any person wishing to repro- the numberofcopies required and the areaofthe original document duce any map,aerial photograph or mapping derived from aerial to be copied. 84 ZIMBABWEAN GOVERNMENT GAZETTE, 4TH Fesruary, 1994 (2) Royalties will not normally be charged for the use of SCHEDULE (Sections 6, 7 and 8) material on any map,aerial photograph, plan or chart referred to in Part I section 2 of this notice where such map,aerial photograph, plan or chart is at a scale of 1:3 000 000 or smaller, and where the material ROYALTIES is to be used for the compilation orrevision of a publication which is to be redrawn. Size of Areain square metres Category Category Category Map A B Cc (3) Royalties will not normally be charged in respect of facsimile reproductions of extracts of maps, aerial photographs, A4 Upto 0,0625 60c 30c 10c plansor charts referred to in section 2 where— A3 Over 0,0625-0, 1250 120c 50c 30c A2 Over 0,1250-0,2500 240c 100c 50c (a) the total area of the extract or extracts to be reproduced from Al Over 0,2500-0,5000 480c 200c 100c a single. map, aerial photograph, plan or chart in any one AO Over 0,5000—1,0000 960c 400c 200c publication shall not exceed 0,1 square metres, and no single 3A Over 1,0000-3,0000 1700c 700c 350c map shall exceed 300 square centimetres; (b) the extract or extracts form part of a guide book or travel Notes: brochure, which is to be issued free to the public; or 1. Mapslarger than 3A will be charged at an appropriate multiple of the 3Arate. (c) the extract or extracts form part of a textbook,thesis, profes- sional paperor similar publication. 2. No charge will be made under Category B or C where the map is produced at a scale smaller than 1:3 000 000. (4) In the event of subsection (7) ofsection 4, royalties will be charged in accordance withthescale of royalties specified in Part I PartII of the Schedule, and will be proportioned between the Joint copy-cs LICENCE right holders as determined by the Surveyor-General. Annuallicence for permission to copy and reproduce Government (5) Royalties for the reproduction of material in newspa- sco; aerial photographs, plans and charts, not for publications pers, as defined in the Printed Publications Act, 1975, the retail 600,00. selling-price of which in the country of publication is $2,00 or less, or the equivalent in local currency, shall be calculated at the General Notice 56 of 1994. rate of one-tenth of the amount payable in terms of Part I of the Schedule. GOVERNMENT TENDER BOARD Categories ofcopying TendersInvited 7. (1) There shall be three categories of copying which will attract the rates of royalty fees specified in Part I of the Schedule. Alltenders must be submitted to the Secretary, Government Tender Board,P.O. Box 8075, Causeway. (2) The three categories of copying referred to in subsection Tenders must in no circumstances be submitted to departments. (1) will apply as follows— Tenders must be enclosed in sealed envelopes, endorsed on the outside with the (a) Category A—copying of publications which have been advertised tender number, description, closing date and must be posted in time to be directly reproduced from material from the sorted into Post Office Box 8075, Causeway, or delivered by handto the Secretary, Department of the Surveyor-General, with Government Tender Board, Fourth Floor, Atlas House, 62, Robert Mugabe Road, limited changes, but without redrawing or Harare, before 10 a.m. on the closing date notified. generalising; Offers subn:itted by telegraph,stating clearly therein the nameofthe tenderer, the (b) Category B—copying of publications which have been service and the amountmustbe dispatched in time for delivery by the Post Officeto the directly reproduced from material from the Secretary, Government Tender Board,by 10 a.m. on the closing date and the confirma- Departmentofthe Surveyor-General, butcom- tion tenderposted notlater than the closing time and date. The telegraphic addressis “Tenders, Harare”. pletely redrawn to the publishers’ own specifications; Note.—Tenders whichare notreceived by 10 a.m. on the closing date, whether by hand, by postor by telegraph,will be treated as late tenders. (c) Category C—copying of publications where published or unpublished materials from the Department of Ifa deposit is required for tender documents,it will be refunded on receipt of a bona’ the Surveyor-General are used for revision fide tenderorif the tender documents are returned complete and unmarked before the closing date. purposesonly. For supply contratts, the country of manufacture mustbe stated. When tenders are Licence to reproduce maps, aerial photographs, plans or charts compared,a degreeofpreference is deducted from prices tendered for goods manufac- for personal use tured in Zimbabwe. 8. Anylocal authority, statutory body or civil engineering firm Notendercan be withdrawn oramended during a periodof30days (or another period in Zimbabwewishing to make copies ofany map,aerial photograph, specified in tender documents) from the stated closing date.