370 No. 25 of 2010]
Security
holograms
Copyright and Performance Rights
(Amendments)
38A. (1) A person shall use a hologram device in relation to
sound recordings and cinematograph films intended or offered for
sale, rental, hiring, lending or otherwise distributed for the public or
for commercial purposes within the Republic.
(2) The hologram device referred to under subsection (1) shall
be in such form as the Registrar may determine and shall be tamper
proof and for the exclusive use of the Registrar.
Affixation of
hologram
38B. (1) The Registrar shall cause a hologram stamp to be
affixed(a) in the case of works produced in the Republic, at the
point of production; and
(b) in the case of works imported into the Republic, except
where such works are for domestic use, before they
are released into the channels of commerce.
(2) A hologram shall be affixed to every cassette, disc, or
other medium in which the sound recording or film is embodied, in
such manner as to make the hologram visible to prospective
purchasers.
Accreditation
of producer
38C. (1) A person engaged in the reproduction of sound
recordings and cinematograph films shall, for the purpose of using
a hologram device, apply to the Registrar for accreditation in the
prescribed manner and form.
(2) The Registrar shall, on accreditation, issue the applicant with
certificate
of accreditation and such accreditation shall be
a
renewable annually.
Accreditation
of importer
38D. (1) A person who imports into the Republic any sound
recording or cinematograph film for the purpose of sale, rental,
hiring, lending or otherwise distributing to the public for commercial
purposes, shall apply to the Registrar for accreditation to use a
hologram device in connection with such works.
(2) The Registrar shall grant accreditation under this section
upon the applicant satisfying the Registrar that the copy imported
into the Republic is not an infringing copy.
Technical
Implementation
Committee
38E. (1) There i s h ereby established theTechnical
Implementation Committee which shall assist the Registrar in the
exercise of the functions related to the use of holograms.