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Copyright
No. 26
rights specified in section 29, shall be limited in scope, to the use
provided for in the contract.
(3) An assignment of copyright under this Act shall be in writing,
and shall be signed by the owner, or by the person authorized by him
for that purpose.
(4) A licence to do any act falling within a copyright shall be in
writing.
(5) In case of work of joint authorship, an assignment or licence
in respect of the work shall be subject to authorization of the joint
authors.
(6) Where a work is work of joint authorship, and one of the joint
authors withholds his consent to an assignment or the granting of a
licence, the matter shall be referred to the Society to determine
whether consent should be granted in respect of the assignment or
licence and conditions thereof.
(7) The Society shall state reasons for its decision under
subsection (6) and any appeal against the decision shall lie to the
High Court.
(8) An assignment, a licence or testamentary disposition may be
made or granted in respect of a future or existing work.
Contracts for
authorization
of use of
rights under
this Act
(9) Where under a bequest, whether specific or general, a person
is entitled to a manuscript of a literary, dramatic, musical or artistic
work which was not published before the death of the testator, the
bequest shall be construed as including the copyright in the work in
so far as the testator was the owner of the copyright immediately
before his death, unless a contrary intention is indicated in the
testator’s will or codicil thereto.
55.__(1) An owner of a work shall grant authorization in writing
for the use of the work by a contract conferring on the user, the
rights required for the envisaged use on such conditions as may be
stipulated in the contract.
(2) A contract made pursuant to subsection (1) shall clearly
specify the rights conferred on the user and such rights shall be
nonexclusive unless the contract clearly specifies that they are
exclusive rights.
(3) The user of rights under a contract made pursuant to
subsection (1) shall not be entitled to such rights except where the
transfer is made under a contract in writing and subject to the prior
consent in writing of the owner of the rights.