previously been made in or imported into Malawi for the purpose of
retail sale, and were so made with the licence of, or so imported by,
the owner of the copyright in such work; and
(b) before the making of the copies the manufacturer gives the
owner of the copyright[ed] work notice of his intention to make the
copies and the address at which he intends to make them.
(2) The manufacturer shall, not later than fifteen days before the sale of any
of the copies made by him under this section, send to the owner of the
copyright or the person authorized by him for that purpose, by registered
post notice of his intention to sell or otherwise distribute the copies made
and such notice shall contain:
(a) the name and address of the manufacturer;
(b) the title of the work to which the notice under subsection (1)(b)
relates, with a description sufficient to identify the author of the work
and the publisher thereof;
(c) the type of sound recording on which the manufacturer intends to
produce the work and an estimate of the number of copies he
initially intends to sell;
(d) the ordinary selling price of the copies the manufacturer intends
to reproduce and the amount of royalty payable in respect of them;
and
(e) the earliest date on which any of the copies may be available for
sale.
(3) The manufacturer shall, within ninety days after he has sent the notice
referred to in subsection (2), pay royalties to the owner of the copyright and
shall have affixed to each copy of the sound recording made by him an
adhesive label issued by the Society as evidence of such payment.
(4) The royalty payable by the manufacturer under subsection (3) shall be an
amount not less than ten per centum of the ordinary retail selling price of
each copy of the sound recording or its similar adaptation.
(5) It shall be an infringement of copyright where the manufacturer exhibits
for sale or sells, without the adhesive label referred to in subsection (3)
affixed thereto, any copy of a sound recording or its similar adaptation made
by him under this section.
28
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