Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)Application for Registration6. Application for registration |
(1) | Any person claiming to be the owner of the copyright in a cinematograph film by virtue of the provisions of the Copyright Act, 1965 (Act No. 63 of 1965), and who is desirous of registering it, shall apply to the Registrar in the prescribed manner for registration and the application shall be accompanied by the fee prescribed. |
(2) | Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may deem fit. |
(3) | In the case of a refusal or conditional acceptance of the application, the Registrar shall on application by the applicant, in the prescribed manner and on payment of the prescribed fee, state in writing the grounds of his decision and the data used by him in arriving thereat, and the decision shall be subject to appeal to the court. |
(4) | The provisions of section 33 shall, mutatis mutandis, apply to an appeal under this section, and on the appeal the court shall, if so required, hear the applicant and the Registrar, and shall make an order determining whether and, if so, subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted. |
(5) | Appeals under this section shall be heard on the data so stated by the Registrar, and such further data as may have been laid before him by the applicant, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated by him, except by leave of the court hearing the appeal, and where any further grounds of objection are so taken, the applicant shall be entitled, on giving notice as prescribed, to withdraw his appeal without payment of costs. |
(6) | The Registrar or the court, as the case may be, may at any time, whether before or after acceptance of the application, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the court, as the case may be, may think fit. |