COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(2)
An assignment in terms of subsection (1) may be limited so as to apply—
(a) to some only of the assignor’s economic rights; or
(b) to a part only of the term of the copyright; or
(c) to a specified country or other geographical area;
and may be absolute or subject to conditions.
(3) No assignment in terms of subsection (1) shall have effect unless it is in writing and
signed by or on behalf of the assignor.
(4) An assignment in terms of subsection (1) shall not be construed as extending to any
rights that are not expressly referred to in the assignment.
(5)
An assignment in terms of subsection (1) may be registered in terms of Part XI.
47 Testamentary disposition of copyright
(1) A testamentary disposition of the economic rights vested in an owner of copyright may
be limited so as to apply—
(a) to some only of the testator’s economic rights; or
(b) to a part only of the term of the copyright; or
(c) to a specified country or other geographical area;
and may be absolute or subject to conditions.
(2) Where under a testamentary disposition a person becomes entitled to an original
document or other material thing recording or embodying a work which was not published before
the testator’s death, the disposition shall be construed, in the absence of a stipulation to the
contrary, as including any copyright in the work which was vested in the deceased at the time of
his death.
48 Vesting of copyright by operation of law
Without derogation from the expression “operation of law” in section forty-five, upon the
liquidation, insolvency or death of an owner of any copyright, the copyright shall vest in the
owner’s liquidator or the trustee or executor of the owner’s estate, as the case may be.
49 Licences
(1) Subject to this section, an owner of copyright in a work may by licence authorise
another person to exercise any of his economic rights in the work.
(2)
A licence referred to in subsection (1) may be—
(a) an exclusive licence, that is to say a licence authorising the licensee to the exclusion of
all other persons, including the person granting the licence, to exercise the economic
right that is the subject of the licence; or
(b) a non-exclusive licence, that is to say, a licence that does not preclude the person
granting the licence from granting a similar licence to some other person.
(3) An exclusive licence shall not have effect unless it is in writing and signed by or on
behalf of the person granting the licence.
Act 11/2001
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Chapter 26:01
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