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Copyright Act, 1978 (Act No. 98 of 1978)

Regulations

Copyright Regulations, 1978

Chapter 2 : Sound Recording Royalties

11. Agreements in respect of royalties payable

 

(1) Royalties may be paid in such manner and at such times as are specified in any agreement that may be concluded between the manufacturer and the owner of the copyright.

 

(2) In the absence of any agreement to the contrary, the following provisions of this regulation shall apply to the manner in which and the time at which royalties shall be paid and to the steps to be taken to ensure the receipt of royalties by the owner of the copyright.

 

(3) The notice shall, not less than 30 days before any record on which the work is reproduced is supplied to a purchaser or otherwise made available as aforesaid, be sent by registered post or published by advertisement as follows:
(a) If the name and an address within the Republic of the owner of the copyright, or of his agent for the receipt of notice, are known, or can by reasonable enquiry be ascertained, the notice shall be sent to such owner or agent at such address;
(b) if such name and address are not known and cannot by reasonable enquiry be ascertained, an advertisement shall be inserted in the Gazette giving the particulars specified in paragraphs (a), (b), (c) and (d) of subregulation (1) and stating an address from which the particulars specified in paragraphs (e), (f), (g) and (h) of subregulation (1) may be obtained.

 

(4) If, within 14 days of the date of the notice prescribed in regulation 10, the owner of the copyright intimates to the manufacturer, by notice in writing sent by registered post, some convenient place within the Republic from which adhesive labels can be obtained, the manufacturer shall by notice in writing specify the number and denomination of the labels he requires and at the same time tender a sum equivalent to the amount of royalty represented by the labels required.

 

(5) If, within 14 days of receipt of the notice required by subregulation (4) to be given by the manufacturer, the copyright owner supplies the labels required, the manufacturer shall, not deliver to a purchaser or otherwise make available for the purpose of its being sold by retail any record made by him to which the notice prescribed in regulation 10 refers unless there is attached thereto or (if the type of record is such that it is not reasonably practicable to attach an adhesive label thereto) to the container in which it is intended to be delivered to a retail purchaser, a label supplied as aforesaid and representing the amount of the royalty payable in respect of that record.

 

(6)
(a) If the owner of the copyright does not take the steps specified in subregulations (4) and (5) within the times therein respectively specified, the manufacturer may deliver to a purchaser or otherwise make available as aforesaid any record to which the notice specified in regulation 10 hereof refers, without complying with the requirements of subregulations (4) and (5).
(b) The manufacturer shall keep an account of all records delivered by him to a purchaser or otherwise made available as aforesaid in accordance with this subregulation, and the amount of the royalties due to the owner of the copyright in respect thereof shall be transferred to a special account and held in trust for the owner of the copyright.

 

(7) If the manufacturer takes the steps specified in subregulations (4), (5) and (6), as the case may be, with respect to any records, the taking of those steps shall be deemed to constitute the payment of royalties on those records in accordance with section 14(1)(d) of the Act.

 

(8) For the purpose of this regulation "the date of the notice prescribed in regulation 10" means—
(a) in cases where the notice is required to be sent by registered post, two calendar days after the posting of such notice;
(b) in cases where the notice is required to be advertised in the Gazette, the date of such advertisement.

 

(9) The adhesive label supplied as aforesaid shall be an adhesive label, square in shape, the design to be entirely enclosed within a circle and the side of the label to be not greater, than 2 cm in length. The label shall not contain the effigy of any person, nor any word, mark or design such as to suggest that the label is issued by or under the authority of the Government for the purpose of denoting any tax payable to the Government.