Copyright Act, 1978 (Act No. 98 of 1978)RegulationsCopyright Regulations, 1978Chapter 2 : Sound Recording Royalties13. Enquiries |
| (1) | The enquiries referred to in section 14(4) of the Act shall be directed to the owner of the copyright by name or his duly authorised agent (if his name is not known and cannot by reasonable enquiry be ascertained) in general terms as 'the owner of the copyright' in the work in respect of which the enquiries are made, and shall contain— |
| (a) | a statement of the name and address of the person making the enquiries; |
| (b) | a statement of the name and address of the person making the enquiries; |
| (c) | a statement that a record of the work or an adaptation therefore has previously been made in or imported into the Republic for the purposes of retail sale, with the trade name (if any) and a description of such record sufficient to identify it; |
| (d) | an enquiry whether the record so described was made in or imported into the Republic for the purposes of retail sale by or with the licence of the owner of the copyright. |
| (2) | The enquiries shall be sent by registered post or published by advertisement as follows: |
| (a) | If an address within the Republic of the owner of the copyright or his agent is known or can by reasonable enquiry be ascertained, the enquiries shall be sent to such address; |
| (b) | if such an address is not known and cannot by reasonable enquiry be ascertained, the enquiries shall be advertised in the Gazette. |
| (3) | The prescribed time for reply to such enquiries shall be— |
| (a) | to an enquiry duly sent by registered post, 14 calendar days after the second day following the posting of such enquiry; |
| (b) | to an enquiry duly advertised in the Gazette, 14 calendar days after the date of such advertisement. |