Page:Copyright Regulations 1978 from Government Gazette.djvu/9

38 No. 6252 Separate agreement

16. It shall be competent for any persons who would otherwise be bound by the terms of the regulations in this Chapter to enter into a written agreement in terms of which they agree that other provisions shall apply between them in regard to the matters covered by these regulations; provided, however, that such agreement is not incompatible with the Act.

Inscription of name on cinematograph films

17. For the purpose of section 26 (6) the name of the author of a cinematographic film may appear in any sequence or in any frame of the film, whether the name is visible or not when the film is shown as a moving picture: Provided that such name shall be preceded or followed by the word “copyright”, or “outeursreg”, or “kopiereg”, or the symbol c, or o, or k, or the words “all rights reserved” or “alle regte voorbehou”, or any other obvious or ordinary symbol therefor or abbreviation thereof, either with or without letters or digits indicating a date.

Registered trade mark indication

18. The name of the author referred to in regulation 17 may be indicated by—

(a) a trade mark of which the author is the registered proprietor; or

(b) a trade mark of which the author is a registered user:

Provided that such trade mark or registered user has been registered under the Trade Marks Act, 1963 (Act 62 of 1963).

Forms

19. The forms herein referred to are the forms contained in Schedule 1 to these regulations, and such forms shall be used in all cases to which they apply but may be modified or amended as directed by the Registrar.

Registrar of Copyright Tribunal

20. The Registrar or any member of his staff delegated by him shall act as Registrar of the Copyright Tribunal.

Commencement of proceedings

21. (1) A licence scheme may be referred under section 31 of the Act or referred again under section 32, and an application for a declaration that the applicant is entitled to a licence may be made under section 33 by serving on the Registrar a notice substantially in accordance with Form 1, Form 2 or Form 3, as the case may be.

(2) In the case of a reference under section 31 or an application under section 33, the organisation or person at whose instance the reference or application is made shall at the same time serve a copy of the notice referred to in subregulation (1) on the licensing body or person named in the notice.