No. 26
Copyright
35
(4) Where a contract has been entered into and it is found that
there is a gross disproportion between the remuneration paid by the
user of the work and the income derived by the user from the use
thereof, the owner of the copyright may request an amendment of
the contract so as to secure for himself, an equitable share of
income, corresponding to standards generally prevailing in similar
cases, but such claim shall not be made in advance of the use of the
work, and it shall not be enforceable after the lapse of two years
from the time when the owner of the copyright work first received
knowledge of the circumstances which give rise to the claim:
Provided that the owner of the copyright shall not claim to have
received such knowledge after the expiration of six years from the
date of the contract to be amended.
(5) Where the user does not exercise an exclusive right conferred
on him by the owner of the copyright, the owner may revoke the
right if the nonexercise thereof, is prejudicial to his legitimate
interest.
(6) The right of revocation under subsection (5) may be exercised
only after the period of delay stipulated in the contract for
commencing the exercise of the exclusive right by the person to
whom it is granted has expired but, in any case, not earlier than two
years__
(a) from the grant of such right; or
(b) where the work to be used was supplied subsequent to the
grant of the right, from the date of its delivery.
(7) In each of the cases under subsection (6), the owner of the
copyright shall notify the user of the proposed revocation, allowing
him a reasonable additional time in which to exercise the exclusive
right, but where the exercise of the right by the user has become in
exercisable or the user has refused the right, the owner’s right of
revocation may be exercised in accordance with subsection (6).
(8) A contract on future grant of rights for the use of works to be
created thereafter and not specified in detail, but only mentioned in
general or by reference to their nature, may be terminated by either
party with six months’ notice after a period of four years from the
conclusion of the contract.
56.__(1) Notwithstanding section 55 (5), (6) and (7), an author
who, by way of a publishing agreement, has assigned an exclusive
right to publish a work in printed form may, if the publisher does
not__
(a) within a reasonable period of time, publish the work and
Publishing
contracts