REVIVAL OF COPYRIGHT AND NEIGHBOURING RIGHTS (PROTECTION) AND EXHAUSTION OF DISTRIBUTION RIGHTS (EXTENSION)

REVIVAL OF COPYRIGHT AND NEIGHBOURING

RIGHTS (PROTECTION) AND EXHAUSTION

OF DISTRIBUTION RIGHTS (EXTENSION)

SUBSIDIARY LEGISLATION 415.02

REVIVAL OF COPYRIGHT AND NEIGHBOURING

RIGHTS (PROTECTION) AND EXHAUSTION OF

DISTRIBUTION RIGHTS (EXTENSION)

REGULATIONS

1st May, 2004

LEGAL NOTICE 197 of 2004.

The title of these regulations is the Revival of Copyright

and Neighbouring Rights (Protection) and Exhaustion of

Distribution Rights (Extension) Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Copyright Act;

"arrangements" means arrangements for the exploitation of the

work in question;

"commencement" means the date on which these regulations

come into force;

"EEA Agreement" means the Agreement on the European

Economic Area signed at Oporto on 2nd May 1992, as adjusted by

the Proto co l signed at Brussels on l7 th March 1993 an d as

subsequently amended;

"EEA state" means a state which is a contracting party to the

EEA Agreement;

"media-related production" means performances, audiovisual

works, recordings and broadcasts that according to the provisions

of the Act, are protected by neighbouring rights;

"revived rights" means any copyright or neighbouring rights

which subsist by virtue of the provisions of the Act, after having

expired under the provisions of the preceding Copyright Act or any

other earlier enactment relating to copyright or related rights and

revived in terms of regulation 3.

Copyright and neighbouring rights in terms of the

provisions of the Act shall revive in works and media-related

productions whose protection under the provisions of the preceding

Copyright Act or any other earlier enactment relating to copyright

or related rights had expired before the coming into force of the

Act, but were on the 1st May, 2004, still protected in an EEA state

under legislation relating to copyright or related rights.

(1) The person who was the owner of the copyright or

related rights in a work or media-related production immediately

before it expired (hereinafter called "the former rights owner") is as

from commencement the owner of any revived rights in the work or

media-related production.

REVIVAL OF COPYRIGHT AND NEIGHBOURING

RIGHTS (PROTECTION) AND EXHAUSTION

OF DISTRIBUTION RIGHTS (EXTENSION)

(2) Where the former rights owner has died before

commencement, or, in the case of a legal person, has ceased to exist

before commencement, the revived rights shall vest in his or its

rightful successors

(1) Any waiver or assertion of moral rights which

subsisted immediately before expiry of copyright or performer’s

rights shall continue to have effect during the period of revived

copyright or performer’s rights, as the case may be.

(2) Moral rights are exercisable after commencement by the

author of a work or by the performer in respect of his

performances, as with any other copyright work or performance.

(3)

Where the author died before commencement -

(a) the rights conferred by article 12 of the Act are

exercisable after commencement by the persons

indicated in subarticle (3) thereof, and

(b) the relative infringements after commencement of

these rights are actionable by the persons indicated in

article 44 of the Act.

(4)

Where the performer died before commencement -

(a) the rights conferred by article 23 of the Act, are

exercisable after commencement by the persons

indicated in subarticle (2) thereof, and

(b) the relative infringements after commencement of

these rights are actionable by the persons indicated in

article 44 of the Act.

(1) No act done before commencement shall be regarded as

infringing revived rights in a work or media-related production.

(2) It is not an infringement of revived rights in a work or

media-related production -

(a) to do anything after commencement in pursuance of

arrangements made before the 1st May, 2004 at a time

when copyright or any related right did not subsist in

the work or media-related production, or

(b) to issue to the public after commencement copies or

recordings of the work or media-related production

made before the 1st May, 2004 at a time when

copyright or any related right did not subsist in the

work or media-related production.

(3) It is not an infringement of revived rights in a work or

media-related production to do anything after commencement in

relation to a work or a media-related production made before

commencement, or made in pursuance of arrangements made

before commencement, which contains a copy of that work or is an

adaptation of that work or a recording of that media-related

production if -

(a) the copy, recording or adaptation was made before the

REVIVAL OF COPYRIGHT AND NEIGHBOURING

RIGHTS (PROTECTION) AND EXHAUSTION

OF DISTRIBUTION RIGHTS (EXTENSION)

1st May, 2004 at a time when copyright or related

rights did not subsist in the work or media-related

production in which revived rights subsist, or

(b) the copy, recording or adaptation was made in

pursuance of arrangements made before the 1st May,

2004 at a time when copyright or related rights did not

subsist in the work or media-related production in

which revived rights subsist.

(4) It is not an infringement of revived rights in a work or

media-related production to do after commencement anything

which is a restricted act in relation to the work or media-related

production if the act is done at a time when, or is done in pursuance

of arrangements made at a time when the name and address of a

person entitled to authorise the act cannot by reasonable inquiry be

ascertained.

(5) It is not an infringement of any moral right to do anything

which by virtue of these regulations is not an infringement of

copyright or neighbouring rights.

(1) In the case of a work or media-related production in

which revived rights subsist, any act restricted by the copyright or

neighbouring rights shall be treated as licensed or consented to by

the copyright owner or neighbouring rights owner or by the

collecting society as authorized under article 52 of the Act, subject

only to the payment of such equitable royalty or other remuneration

as may be agreed individually or through the collecting society or

determined in default of agreement by the Copyright Board at the

request of the copyright owner or neighbouring rights owner or the

collecting society or the person claiming to be treated as licensed

by him or the society or as having his consent.

(2) A person intending to avail himself of the right conferred

by this regulation must give reasonable notice in writing of his

intention to the copyright owner or neighbouring rights owner or

collecting society, stating when he intends to begin to do the acts. If

he fails to give such notice, his acts shall not be deemed as licensed

or as having the owner’s consent.

(1) For the purposes of articles 8 and 20 of the Act,

"market" shall as from the 1st May, 2004 mean the market covered

by the EEA Agreement.

(2) Further to article 31 of the Act, the first sale in an EEA

state of a copy of a database by the rightholder or with his consent

shall exhaust the right to control the resale of that copy.

(3) Further to article 34 of the Act, when a topography or a

semiconductor product has been put on the market of an EEA state

by the rightholder or with his consent, the exclusive right to

authorize or prevent the commercial exploitation or the importation

of that topography or of that semiconductor product shall be

exhausted.