Page:Copyright Act 1978 from Government Gazette.djvu/23

GOVERNMENT GAZETTE, 30 JUNE 1978

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section 16 of the Copyright Act, 1965 made before the commencement of this Act, shall continue to subsist until its expiration in conformity with the said section 16;

the copyright in cinematograph films made before the commencement of this Act shall be governed by the relevant provisions of this Act, subject to the qualification, in the case of cinematograph films treated as original dramatic works under section 35 of the Third Schedule to the Designs Act, 1916 (Act No. 9 of 1916)―

that the author shall, if so required, remunerate the person who is the owner of a copyright in that film for the purposes of that Act, which remuneration shall be determined by arbitration if agreement thereon cannot be reached; and

the author shall indemnify the user against any further claims relating to the copyright in the film.

44. For the purposes of this Act a work shall be deemed to have been made at the time when it was first reduced to writing or to some other material form.

45. (1) Notwithstanding anything to the contrary in this Act contained, the Minister may make such regulations as he may consider necessary in regard to the circulation, presentation or exhibition of any work or production.

(2) Such regulations may empower any person specified therein to prohibit the circulation, presentation or exhibition of any such work or production or to authorize the circulation, presentation or exhibition thereof on such conditions as may be specified in those regulations.

(3) The circulation, presentation or exhibition of any work or production in pursuance of authority granted in terms of such regulations shall not constitute an infringement of copyright in such work or production, but the author shall not thereby be deprived of his right to a reasonable remuneration, which shall in default of agreement be determined by arbitration.

46. The laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule: Provided that any proclamation, regulation or rule having effect under any provision so repealed and in force immediately prior to the commencement of this Act, shall continue in force after such commencement and may be repealed, amended or altered as if it had been made under this Act.

47. This Act shall be called the Copyright Act, 1978, and shall come into operation on 1 January 1979, except sections 1, 39 and 40, which shall come into operation upon promulgation of this Act in the Gazette, and except section 45, which shall come into operation on a date fixed by the State President by proclamation in the Gazette.