Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)Licensees20. Licensees |
| (1) | Subject to the provisions of this section, a person other than the owner of the copyright in a cinematograph film may be registered as a licensee thereof either with or without conditions or restrictions. |
| (2) | Where it is proposed that a person should be registered as a licensee of the copyright in a cinematograph film, the owner and the proposed licensee shall apply in writing to the Registrar in the prescribed manner and the application shall be accompanied by the prescribed fee, and they shall furnish him with a sworn declaration made by the owner, or by some person authorized to act on his behalf and approved by the Registrar— |
| (a) | giving particulars of the relationship, existing or proposed, between the owner and the proposed licensee and stating whether it is a term of their relationship that the proposed licensee shall be the exclusive licensee or that there shall be any other restriction as to persons for whose registration as licensees application may be made; |
| (b) | stating any conditions or restrictions proposed with respect to the licence; |
| (c) | stating whether the licence is to be for a period or without limit of period, and, if for a period, the duration thereof, and with such further documents, information or evidence as may be required under the regulations or by the Registrar. |
| (3) | When the requirements of subsection (2) have been complied with, and if the Registrar, after considering the information furnished to him under that subsection, is satisfied that the owner and licensee have reached an agreement on the proposed use of the copyright in a cinematograph film, he may register the proposed licensee as a licensee in respect of the cinematograph film concerned. |
| (4) | The Registrar shall, if so required by an applicant, take steps to ensure that information furnished for the purposes of an application under the provisions of this section (other than matters entered in the register), is not disclosed to rivals in trade. |
| (5) | Without prejudice to the provisions of section 17, the registration of a person as a licensee— |
| (a) | may be cancelled by the Registrar on application in writing in the prescribed manner and on payment of the fee prescribed by the registered owner or by such licensee or by any other licensee of the copyright in the cinematograph film concerned; |
| (b) | may be cancelled by the Registrar on application in writing in the prescribed manner and on payment of the prescribed fee, by any person on any of the following grounds: |
| (i) | that the owner or the licensee misrepresented, or failed to disclose, some fact material to the application for registration, or that the circumstances have materially changed since the date of the registration; |
| (ii) | that the registration ought not to have been effected, having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested; |
| (c) | may be cancelled where the copyright in the cinematograph film in respect of which such person has been registered, has been assigned and application has in terms of section 23 been made for registration of the assignment. |
| (6) | Provision shall be made by regulation for the notification of the registration of a person as a licensee by advertisement. |
| (7) | Any decision of the Registrar under the provisions of this section shall be subject to appeal to the court. |