Copyright Review Commission Report - ICT Law and Regulation ...

(c)In the absence of an agreement contemplated in paragraph(b), the performer or owner may refer the matter to the Copyright Tribunal referred to in section 29 (1), or they mayagree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965).(d)Any payment made by the user of the sound recording in terms of this subsection shall be deemed to havedischarged any obligation which that user might have to make any payment in respect of his or her use of acorresponding fixation in terms of section 5 of the Performers’ Protection Act, 1967 (Act No. 11 of 1967).(3) In the event of any right to a royalty being assigned to any successor in title, either by contractual arrangement,operation of law, testamentary disposition or otherwise, any successor in title shall be entitled to enforce such rightto a royalty against the person who in terms of this section is obliged to pay or against his or her successor in title.[S. 9A inserted by s.3 of Act 9 of 2002.]11A. Nature of copyright in published editions.Copyright in a published edition vests the exclusive right to make or to authorize the making of a reproduction of theedition in any manner.[S.11A inserted by s.8 of Act No. 52 of 1984.]CHAPTER 3COPYRIGHT TRIBUNAL29. Establishment of Copyright Tribunal.(1) The judge or acting judge who is from time to time designated as Commissioner of Patents in terms of section 8 ofthe Patents Act, 1978, shall also be the Copyright Tribunal (in this Chapter referred to as the tribunal) for thepurposes of this Act.(2) The tribunal may order that the costs or expenses of any proceeding before it incurred by any party shall be paid byany other party, and may tax or settle the amount of any costs or expenses to be paid under any such order ordirect in what manner they are to be taxed.(3) (a) Regulations may be prescribed as to the procedure in connection with the making of references andapplications to the tribunal and for regulating proceedings before the tribunal and as to the fees chargeable inrespect of those proceedings.(b) Any such regulations may in relation to proceedings before the tribunal apply any of the provisions of theArbitration Act, 1965 (Act No. 42 of 1965), or alternatively, any of the provisions applicable in the court of theCommissioner of Patents in terms of the Patents Act, 1978.(c)Any regulations may include provision for—- 183 -