36
Copyright
No. 26
ensure that it is distributed in the usual manner; or
(b) after the work has been published, ensure that copies of the
publication are distributed to the public within a reasonable
period of time after having been requested to do so by the author,
terminate the agreement and retain any fee received and demand
compensation for any damage resulting from default:
Provided that such compensation shall be subject to the default
not being due to an obstacle beyond the control of the publisher and
which the publisher could not reasonably have been expected to
have taken into consideration at the time the agreement was made
or to avoid or overcome the consequences thereof.
(2) Any agreement which significantly deviates from subsection
(1) and negatively affects the rights of the author shall not be valid.
(3) Subsection (1) shall not apply to__
(a) contributions to newspapers and periodicals;
(b) contributions to collections of works;
(c) contributions which are to be used as illustration in works
that are to be published; or
(d) translations.
(4) When fifteen years have passed since the expiry of the year in
which the publisher first published the work in accordance with an
agreement under subsection (1), the author shall have the right to
include the work in an edition of his collected or selected literary
works.
(5) The right to publish the edition referred to in subsection (4)
shall be offered to__
(a) the publisher; or
Commissioned
work
(b) if the works of the author have been published by different
publishers, the publisher who may be considered as his main
publisher.
57.__(1) When a contract is in respect of commissioned work, the
user shall be under an obligation to make a declaration with regard
to acceptance of the work within sixty days from the date on which
the work is handed over or, if such work is regulated under any
written law other than this Act, within such period as is prescribed
for acceptance under the law, and if the user fails to make such
declaration within such period he shall be deemed to have accepted
the work