(i)
that the owner of the copyright shall, if so required, remunerate the person
who is the owner of the copyright in that original dramatical work for the
purposes of that Act, which remuneration shall be determined by
arbitration if agreement thereon cannot be reached; and
(ii)
that the owner of the copyright in the cinematograph film or any person
deriving rights in respect of the cinematograph film from such owner shall
in exercising such rights in the cinematograph film be deemed not to
infringe any rights in such original dramatical work under the said Act;
and
(iii)
that an act performed by virtue of a licence granted by the owner of the
copyright in the original dramatical work under that Act and in existence
before or at the time of coming into force of this subsection, shall be
deemed to be performed or have been performed on the authority of the
owner of the copyright in the cinematograph film.
[Para. (c) substituted by s. 33 (b) of Act 125 of 1992.]
(d)
in the determination of the term of copyright contemplated in the proviso to
section 3 (2) (a) in the case of a work in respect of which the copyright has
expired at the commencement of the Copyright Amendment Act, 1984, on the
ground that the period mentioned in the said paragraph has lapsed, it shall be
deemed that, subject to any rights acquired by any person after the lapse of that
period and before the said commencement, copyright did not expire on that
ground.
[Para. (d) added by s. 14 (c) of Act 52 of 1984.]
44 Time when work is made
(1)
For the purposes of this Act a work, except a broadcast or programme -carrying signal,
shall be deemed to have been made at the time when it was first reduced to writing,
recorded or otherwise reduced to material form.
(2)
A broadcast shall be deemed to have been made at the time when it was first broadcast.
(3)
A programme -carrying signal shall be deemed to have been made at the time when it
was first transmitted by a satellite.
[S. 44 substituted by s. 34 of Act 125 of 1992.]
45 Regulation and control of circulation, presentation or exhibition of works
Source: http://www.wipo.int/portal/es/
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