The National Anthem Copyright Laws (Amendment) Bill, 2023

Background

The National Flag, Emblems and Names Act (Cap. 99) was enacted in 1963 to prevent the improper use of the national flag, certain emblems, names, words, and likenesses for professional and commercial purposes. Currently, Section 25 of the Copyright Act, 2001 (No. 12 of 2001) limits copyright protection for government publications and works to fifty years from the end of the year they were first published. This Bill seeks to protect the National Anthem and other national symbols from falling out of copyright protection and being subject to commercial or other forms of abuse upon the expiry of this fifty-year limit.

Key Amendments

• National Flag, Emblems and Names Act (Cap. 99): The Bill inserts a new Section 2C to ensure that copyright in the National Anthem, other national symbols, and any works or music relating to them shall vest in the National Government.
• Copyright Act, 2001 (No. 12 of 2001): The Bill amends Section 25 of the Act by introducing a new subsection (5), which directs that copyright in the National Anthem and other national symbols shall be subject to the National Flags, Emblems and Names Act, overriding the general fifty-year expiration timeline.

New Obligations

• The National Government is designated as the sole holder of copyright in the National Anthem, other national symbols, and all associated musical and written works eligible for copyright.