Category: Legal Resources

Rights Held By Copyright Holders

Rights Held By Copyright Holders

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A copyright in terms of the Copyright and Neighbouring Rights Act is a real right which subsists in a work by virtue of this Act and which entitles its owner exclusively to do in Zimbabwe and to authorise others to do in Zimbabwe the things which this Act designates in relation to that work.

COPYRIGHT CAN VEST IN THE FOLLOWING WORKS

  1. Computer programs
  2. Musical works
  3. Artistic works
  4. Photographic works
  5. Dramatic works
  6. Architectural works
  7. Derivative works (translations, adaptations, compilations, arrangements amongst others)

Works are eligible for copyright if they are original and have been reduced into a material (tangible) form or until it is broadcasted. “Works” refers to the way the facts are represented or captured and presented. Some of the rights that copyright holders enjoy, include, but are not limited to:

REPRODUCTION RIGHTS

The author has the right to authorize the reproduction (making copies) of his/ her work. This then entails the turning of the idea into a material (tangible) form. This right in most instances goes hand in hand with the distribution right.

DISTRIBUTION RIGHTS

This right is associated with the circulation of the work. Simply put, it involves making the work available to the general public.

ADAPTATION RIGHTS

This right is exercised with the permission of the copyright holder. An example of infringement of this type of right may be where a 3rd party makes an unauthorized (by the owner of the copyright) derivative work in which the original work is reformed or adapted. In the event of the copyright infringement the copyright holder may approach the courts for recourse.

The article is not exhaustive of the rights that the holder of a copyright has but gives some insight into the issues. The article is written for information purposes only. Our team of competent attorneys at Nenjy Nyamapfene Law Practice can facilitate the registration of such rights, please visit our offices for assistance.

Removal of an Executor of a Deceased Estate

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An executor is a person appointed to administer a deceased estate. In most cases they are lawyers registered as estates administrators. There are two ways in which an executor can be appointed to administer a deceased estate. That is, by way of nomination in a will and by appointment by the Master of the High Court where the deceased dies without a will.

An executor holds a position of trust and where such trust has been breached by failure to administer an estate he or she may be removed from such position. An executor has a fiduciary duty towards the estate hence he or she must act in a manner that safeguards and protects the estate and interests of the beneficiaries.

A chamber application is made to the High Court by the Master of the High Court for the removal of the executor. The court will not lightly interfere with the duties of an executor, except in situations where it is clearly established that the executor is grossly negligent in performing his or her duties. The conduct of the executor must be detrimental to the effects of the estate. The conduct complained of must be of such serious degree that if the executor is allowed to continue with the administration of the estate, the estate would not be protected and there will be further prejudice to the interests of the beneficiaries. The complaints against the conduct of the executor are raised to the Master who then applies to the High Court for the removal of the executor.

Other instances when an executor can be removed from such a position are as follows;

  • When the executor was not qualified for appointment to such office or the appointment was illegal.
  • When executor is mentally or physically incapable of performing his or her duties satisfactorily.
  • When executor is no longer suitable to hold such office in the opinion of the Master.

When an executor is removed from office, the Master will revoke any letters of administration or any confirmation granted to that person. The executor will however remain liable to account for his or her administration and management of the estate prior to his or her removal.

This article is for general information purposes only, legal advice must be sought in any aspect of the law.

what you need to know before buying a house or stand

What You Need To Do Before Buying a House (immovable property)

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It is everyone’s wish and desire to own a house or a stand. Many people have fallen prey into prey of stand developers, real estate agents or housing co-operatives who sell non-existing stands or houses. They take advantage of one’s need and desire to purchase a stand or a house such that they end up robbing people their hard earned money through fraud, double sales or double allocations. At the end of the sale, the buyers will not get the property or the title deeds to the property because they do not exist or the property is not registered in the name of the seller as presented.

Therefore, when one intends to purchase an immovable property (stand or house) the first and most important stage is due diligence through deed search. Deed search is done at the Deeds Registry in Harare or Bulawayo depending with the location of the property. One must not enter into an agreement of sale of an immovable property without first doing a due diligence search. This process is important because it protects prospective buyers form fraudsters and double sales.

A deeds search will show the following information

  • The deed number and the date of registration
  • Details of the registered owner
  • Full property description and extent(area)
  • Any outstanding mortgage bonds
  • Any caveats, servitudes (conditions restring transfer)

This article contains information for general information use it is advisable to seek legal advice in any aspect of the law.