(b)
if such name and address are not known and cannot by
reasonable enquiry be ascertained, an advertisement shall be
inserted in the Gazette giving the particulars specified in
paragraphs (a), (b), (c) and (d) of subregulation (1) and stating
an address from which the particulars specified in paragraphs
(e), (f), (g) and (h) of subregulation (1) may be obtained.
(4)
If, within 14 days of the date of the notice prescribed in regulation 10,
the owner of the copyright intimates to the manufacturer, by notice in
writing sent by registered post, some convenient place within the
Republic from which adhesive labels can be obtained, the
manufacturer shall by notice in writing specify the number and
denomination of the labels he requires and at the same time tender a
sum equivalent to the amount of royalty represented by the labels
required.
(5)
If, within 14 days of receipt of the notice required by subregulation (4)
to be given by the manufacturer, the copyright owner supplies the
labels required, the manufacturer shall, not deliver to a purchaser or
otherwise make available for the purpose of its being sold by retail any
record made by him to which the notice prescribed in regulation 10
refers unless there is attached thereto or (if the type of record is such
that it is not reasonably practicable to attach an adhesive label
thereto) to the container in which it is intended to be delivered to a
retail purchaser, a label supplied as aforesaid and representing the
amount of the royalty payable in respect of that record.
(6)
(a)
If the owner of the copyright does not take the steps specified
in subregulations (4) and (5) within the times therein
respectively specified, the manufacturer may deliver to a
purchaser or otherwise make available as aforesaid any record
to which the notice specified in regulation 10 hereof refers,
without complying with the requirements of subregulations (4)
and (5).
(b)
The manufacturer shall keep an account of all records
delivered by him to a purchaser or otherwise made available
as aforesaid in accordance with this subregulation, and the
amount of the royalties due to the owner of the copyright in
respect thereof shall be transferred to a special account and
held in trust for the owner of the copyright.
(7)
If the manufacturer takes the steps specified in subregulations (4), (5)
and (6), as the case may be, with respect to any records, the taking of
those steps shall be deemed to constitute the payment of royalties on
those records in accordance with section 14 (1) (d) of the Act.
(8)
For the purpose of this regulation 'the date of the notice prescribed in
regulation 10' means(a)
in cases where the notice is required to be sent by registered
post, two calendar days after the posting of such notice;
(b)
in cases where the notice is required to be advertised in the
Gazette, the date of such advertisement.