Page:Copyright Regulations 1978 from Government Gazette.djvu/6

 (f) the retail selling price as hereinafter defined of the records or, where it is intended to reproduce the work on more than one type of record, the retail selling price of each type of record which the manufacturer intends to make, and the amount of royalty payable on each record;

(g) the earliest date on which any of the records will be delivered to a purchaser or otherwise supplied as aforesaid;

(h) whether any other musical, literary or dramatic work is to be reproduced on the same record with the work and, in relation to any such other work, the particulars specified in subparagraph (b).

Agreements in respect of royalties payable

11. (1) Royalties may be paid in such manner and at such times as are specified in any agreement that may be concluded between the manufacturer and the owner of the copyright.

(2) In the absence of any agreement to the contrary, the following provisions of this regulation shall apply to the manner in which and the time at which royalties shall be paid and to the steps to be taken to ensure the receipt of royalties by the owner of the copyright.

(3) The notice shall, not less than 30 days before any record on which the work is reproduced is supplied to a purchaser or otherwise made available as aforesaid, be sent by registered post or published by advertisement as follows:

(a) If the name and an address within the Republic of the owner of the copyright, or of his agent for the receipt of notice, are known, or can by reasonable enquiry be ascertained, the notice shall be sent to such owner or agent at such address;

(b) if such name and address are not known and cannot by reasonable enquiry be ascertained, an advertisement shall be inserted in the Gazette giving the particulars specified in paragraphs (a), (b), (c) and (d) of subregulation (1) and stating an address from which the particulars specified in paragraphs (e), (f), (g) and (h) of subregulation (1) may be obtained.

(4) If, within 14 days of the date of the notice prescribed in regulation 10, the owner of the copyright intimates to the manufacturer, by notice in writing sent by registered post, some convenient place within the Republic from which adhesive labels can be obtained, the manufacturer shall by notice in writing specify the number and denomination of the labels he requires and at the same time tender a sum equivalent to the amount of royalty represented by the labels required.

(5) If, within 14 days of receipt of the notice required by subregulation (4) to be given by the manufacturer, the copyright owner supplies the labels required, the manufacturer shall not deliver to a purchaser or otherwise make available for the purpose of its being sold by retail any record made by him to which the notice prescribed in regulation 10 refers unless there is attached thereto or (if the type of record is such that it is not reasonably practicable to attach an adhesive label thereto) to the container in which it is intended to be delivered to a retail purchaser, a label supplied as aforesaid and representing the amount of the royalty payable in respect of that record.