IPIN/l/SWZ/C/l
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Compulsory licence.
:6..
If at any time after the death of the author of a Iiterary, dramatic, or musical work
which has been published or 'performed in public a complaint is made to the High Court
that the owner of the copyright in the work has refused to .republish or to allow the republic
.ation of the work or has refused to allow the performance in public of the work, and that
by reason of such refusal the work is withheld from the public, the owner of the copyright
may be ordered to grant a licence to reproduce the work or perform the work in public, as
the case may be, on such terms and subject to such conditions as the High Court may think
fit.
Ownership of copyright, etc.
"7.
(1) Subject to the provisions of this Act, the author of a work shall be the first
.owner of the copyright therein:
Provided that
(a) where, in the case of an engraving, photograph, or portrait, tbe plate or
other original was ordered by some other person and was made for 'valuable
consideration in pursuance of that order, then, in the absence of any agree
ment to the contrary, the person by whom such plate or other original was
ordered shall be the first owner of the copyright; and
(b) where the author was in the employment of some other person under a
contract of service or apprenticeship and the-work was made in the course
of his employment by that person, the person by ~ThOIIl the author was
employed shall, in the absence of any agreement to ib~ contrary, be the
first owner of the copyright, but where the work is an article or other contri
bution to a newspaper, magazine, or similar periodical, there shall, in the
absence of any agreement to the contrary, be deemed to be reserved to the
author a right to restrain the publication of the work, otherwise than as
part of a newspaper, magazine, or similar periodical.
(2) The owner of the copyright in any work may assign the right either wholly or
"partially, and either generally or subj-ect to limitations to Swaziland or any part of the British
-Comrn onwealth to which the Copyright . A
. ct, 1911, of the United Kingdom extends and either
for the whole teTID of the copyright or for any part thereof, and may grant any interest in
the right by Iicence, but no such assignment or grant shall be 'valid unless it is in writing
.signed by the owner of the right in respect of which the assignment or grant is made, or by
his duly authorised agent:
Provided that, where the author of a work is the first owner of the copyright therein,
no assignment of the copyright, and no grant of any interest therein, ma.de by him (otherwise
than by will) after the passing of this Act, shall be operative to vest in the. assignee or grantee
.any rights with respect to the copyright in the work beyond the expiry of twenty-five years
from the death of the author, and the reversionary interest in the copyright expectant on the
termination of that period shall, 011 the death of the author, notwithstanding any agreement
to the contrary, devolve on his executor as part cf his estate, and any agreement entered into
by him as to the disposition of such reversionary in terest shill be TIl.l]1 an d void, but nothing
~in this proviso s-hall be construed as applying to the assignment of the copyright in a collective
work or a Iicence to publish a work or part of a work as part of a collective work.