COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(c) a licence in respect of a reserved work of folklore granted under section eighty-five may
be made, subject to this Part, by or on behalf of the licensee or the Minister, local
authority or public institution by whom the licence was granted.
(2) An application under subsection (1) shall be made in the prescribed form and manner
and within the prescribed period, if any, and shall be accompanied by—
(a) such documents and other information as may be prescribed or as the Registrar may
reasonably require; and
(b) the prescribed fee.
(3) The Registrar shall accept an application under paragraph (a) or (b) of subsection (1)
for the registration of any copyright, or any assignment or licence of any copyright, if he is
satisfied that—
(a) all the prescribed requirements have been met in regard to the application; and
(b) the work concerned enjoys copyright in terms of this Act; and
(c) in the case of an assignment or licence, that it has been duly granted in accordance with
this Act; and
(d) the application is being made by or on behalf of the owner or licensee, as the case may
be, of the copyright in the work concerned;
and, subject to subsection (5), if he is not so satisfied he shall refuse the application.
(4) The Registrar shall accept an application under paragraph (c) of subsection (1) for the
registration of a licence in respect of a reserved work of folklore if he is satisfied that⎯
(a) all the prescribed requirements have been met in regard to the application; and
(b) the licence has been duly granted under section eighty-five; and
(c) the application is being made by or on behalf of the licensee or by or on behalf of the
Minister, local authority or public institution by whom the licence was granted;
and, subject to subsection (5), if he is not so satisfied he shall refuse the application.
(5) If an applicant has not been able to satisfy the Registrar as to any matter referred to in
subsection (3) or (4) but the Registrar considers that he will be able to do so before a final
decision is made on the application, the Registrar may accept the application subject to such
modifications, conditions or limitations as may be appropriate.
(6) The Registrar may at any time, whether before or after acceptance of the application,
correct any error in or in connection with an application under subsection (1).
(7) At the request of a person whose application under subsection (1) has been refused or
accepted subject to modifications, conditions or limitations, and on payment of the prescribed fee,
the Registrar shall provide him, in writing, with the grounds for his decision and the information
he used in arriving at the decision.
(8) Where the Registrar has provided an applicant with grounds for his decision in terms
of subsection (7), in any subsequent appeal to the Tribunal arising out of that decision⎯
(a) the appeal shall be determined on the information which the Registrar stated he used in
arriving at his decision and on any further information the applicant may have laid
before him; and
Act 11/2001
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Chapter 26:01
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