COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(3) No licence granted under subsection (1) shall have effect unless it is registered in terms
of Part XI.
(4) The Minister or an appropriate local authority may, on fourteen days’ written notice to
the licensee, revoke a licence granted under subsection (1) on such reasonable grounds as the
Minister or the appropriate local authority, as the case may be, shall specify in the notice:
Provided that⎯
(i) where the licence has been granted to a class of persons, notice of revocation may be
given by notice in the Gazette;
(ii) no such revocation shall have effect until it has been recorded in the Register in terms of
Part XI.
(5) The Minister or an appropriate local authority may assign his or its right to grant
licences under subsection (1) to any public institution, and this section shall apply, mutatis
mutandis, in relation to any licence granted by that public institution:
Provided that no such assignment shall have effect until⎯
(a) its terms have been published in the Gazette; and
(b) it has been registered in terms of Part XI.
(6) For the purposes of any proceedings before the Tribunal, a licence granted under
subsection (1) shall be deemed to be a non-exclusive licence granted by the Minister, the
appropriate local authority concerned or the public institution referred to in subsection (3), as the
case may be.
86 Appeal to Tribunal against decisions of Minister or appropriate local authority
(1)
Any person who is aggrieved by any decision of—
(a) the Minister, in respect of the reservation of a work of folklore; or
(b) the Minister, an appropriate local authority or a public institution to which rights have
been assigned in terms of subsection (5) of section eighty-five, in regard to the issue or
refusal of a licence in terms of that section or any terms and conditions of such a
licence;
may appeal to the Tribunal against that decision.
(2) On an appeal in terms of subsection (1), the Tribunal may confirm, vary or set aside
the decision appealed against or make such other order in the matter as it considers appropriate.
(3) Without derogation from subsection (2), on an appeal in terms of subsection (1), the
Tribunal may direct the Minister, the appropriate local authority or public institution concerned
to grant a licence in terms of section eighty-five on such terms and conditions, including terms
and conditions as to payment of a fee, as the Tribunal may specify.
Act 11/2001
- 49
Chapter 26:01
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