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Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)

Assignment and Transmission

21. Assignability and transmissibility of copyright in cinematograph films

 

(1) For the purposes of the provisions of this Act, the copyright in a cinematograph film shall be assignable and transmissible, subject to the provisions of this Act, in the circumstances and subject to the conditions or requirements which are provided in respect of any such transmission in terms of the Copyright Act, 1965 (Act No. 63 of 1965).

 

(2) The owner of the copyright in a cinematograph film who intends to assign it may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances, and the Registrar may on payment of the fee prescribed issue to him a certificate and a certificate so issued shall, subject to the provisions of this section as to appeal, and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity of the assignment in so far as such validity or invalidity depends upon the facts set out in the statement of case.

 

(3) Notwithstanding anything contained in subsection (1), where the copyright in a cinematograph film which is the subject of a pending application for registration has subsequent to the date of the application been assigned, the Registrar may, on application in the prescribed manner, and subject to such conditions as he may deem necessary, allow, on payment of the fee prescribed, the person or persons entitled to such copyright by reason of such assignment to be substituted as applicants for registration of the copyright concerned.

 

(4) Any decision of the Registrar under this section shall be subject to appeal to the court.