Page:Copyright Regulations 1978 from Government Gazette.djvu/7

36No. 6252  (6) (a) If the owner of the copyright does not take the steps specified in subregulations (4) and (5) within the times therein respectively specified, the manufacturer may deliver to a purchaser or otherwise make available as aforesaid any record to which the notice specified in regulation 10 hereof refers, without complying with the requirements of subregulations (4) and (5).

(b) The manufacturer shall keep an account of all records delivered by him to a purchaser or otherwise made available as aforesaid in accordance with this subregulation, and the amount of the royalties due to the owner of the copyright in respect thereof shall be transferred to a special account and held in trust for the owner of the copyright.

(7) If the manufacturer takes the steps specified in subregulations (4), (5) and (6), as the case may be, with respect to any records, the taking of those steps shall be deemed to constitute the payment of royalties on those records in accordance with section 14 (1) (d) of the Act.

(8) For the purpose of this regulation “the date of the notice prescribed in regulation 10” means—

(a) in cases where the notice is required to be sent by registered post, two calendar days after the posting of such notice;

(b) in cases where the notice is required to be advertised in the Gazette, the date of such advertisement.

(9) The adhesive label supplied as aforesaid shall be an adhesive label, square in shape, the design to be entirely enclosed within a circle, and the side of the label to be not greater than 2 cm in length. The label shall not contain the effigy of any person, nor any word, mark or design such as to suggest that the label is issued by or under the authority of the Government for the purpose of denoting any tax payable to the Government.

Retail selling price

12. The “retail selling price of a record” shall mean—

(a) the manufacturer's bona fide recommended retail selling price, less any tax or duty, or both, imposed by a Government authority; or

(b) if there is no recommended manufacturer's retail selling price, then the manufacturer's highest published wholesale list price of that type of record, less Government tax or duty, or both, included therein, plus 50 per cent thereof; or

(c) if there is an agreement in existence between the manufacturer and the copyright owner defining the retail selling price, than such agreed price shall apply.

Enquiries

13. (1) The enquiries referred to in section 14 (4) of the Act shall be directed to the owner of the copyright by name or his duly authorised agent (if his name is not known and cannot by reasonable enquiry be ascertained) in general terms as “the owner of the copyright” in the work in respect of which the enquiries are made, and shall contain—

(a) a statement of the name of the musical or literary work in respect of which the enquiries are made, a description sufficient to identify it and the name of the author and publisher;