Page:Copyright Act 1978 from Government Gazette.djvu/22

GOVERNMENT GAZETTE, 30 JUNE 1978

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this Act and shall advise the Minister on any matter referred to it by the Minister.

 (4) (a) The advisory committee shall constitute and maintain at all times subcommittees on sound recordings, cinematograph films, broadcasting and such other practices as the Minister may from time to time determine.

The advisory committee shall appoint as members of the subcommittees such of its members and such other persons and for such periods of office as the advisory committee may from time to time determine.

(5) The advisory committee may call to its assistance any person it may deem necessary to assist it with, or to investigate matters relating to, copyright law.

(6) The Registrar shall be responsible for the administration of the advisory committee and the subcommittees.

41. (1) Nothing in this Act shall affect any right or privilege of the state subsisting otherwise than by virtue of any law, or any right or privilege of the state or of any other person under any law not expressly repealed, amended or modified by this Act.

(2) Nothing in this Act shall affect the right of the state or of any person deriving title from the state to sell, use or otherwise deal with articles forfeited under the laws relating to customs and excise, including any article forfeited by virtue of this Act or of any enactment repealed by this Act.

(3) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.

(4) Subject to the preceding provisions of this section, no copyright or right in the nature of copyright shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.

42. For the purposes of this Act, the following provisions shall apply with respect to publication:

A work shall be taken to have been published if copies have been issued with the consent of the owner of the copyright in sufficient quantities to satisfy the reasonable requirements of the public, having regard to the nature of the work, and, in particular, publication in relation to a cinematograph film shall mean the sale, letting on hire or offer for sale or hire of copies of the film.

Where in the first instance a part only of a work is published, that part shall be treated as a separate work.

A publication in the Republic or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days from one another.

The performance of a dramatic, dramatic-musical or musical work or a cinematograph film, the public delivery of a literary work, the transmission in a diffusion service or the broadcasting of a work, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication.

43. This Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made thereafter: Provided that―

nothing in this Act contained shall―

affect the ownership, duration or validity of any copyright which subsists under the Copyright Act, 1965 (Act No. 63 of 1965); or

be construed as creating any copyright which did not subsist prior to 11 September 1965;

without derogating from the generality of paragraph (a), the copyright in published editions of works under