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Works offoreign authors first published in parts of the British Commonwealth.
has
23.
If it appears to the Minister that a foreign country does not give, or
not under
taken to give, adequate protection to the works of Swaziland authors, the Minister may,
by notice in the Gazette, direct that such of the provisions of this Act as confer copyright on
works first published within the parts of the British Commonwealth to which the Copyright
Act, 1911 of the United Kingdom extends, shall not apply in Swaziland to works published
after the date specified in such notice, the authors 'whereof are subjects or citizens of such
foreign country, and are not resident in the British Commonwealth, and thereupon those
provisions shall not apply to such works.
Existing works (Schedules.) .
24.
(1) Where any person is immediately before the commencement of this Act entitled
to any such right in any work as is specified in the first column of the Schedule, or to any
interest in such a right, he shall, as from that date, be entitled to the substituted right set
forth in the second column of the Schedule, or to the same interest in such a substituted
right, and to no other right or interest, and such substituted right shall subsist for the term
for which it would have subsisted if this Act had been in force at the date when the work was
made and the work had been one entitled to copyright thereunder:
Provided that
(a) if the author of any work in which any such right as is specified in the first
column of the Schedule subsists at the commencement of this Act has,
before that date, assigned the right or granted any interest therein for the
whole term of the right, then at the date when, but {or the passing of this
Act, the right" would have expired the substituted right conferred by this
section shall, in the absence of express agreement, pass to the author of the
work, and any interest therein created before the commencement of this
Act and then subsisting shall determine; but the person who immediately
before the date at which the right would so have expired was the owner of
the right or interest shall be entitled at 111s option either
(i) on giving such notice as hereinafter mentioned, to an assignment
of the right or the grant of a similar interest therein for the remainder
of the term of the right for such consideration as, failing agreement,
may be determined by arbitration; or
(ii) without such assignment or grant, to continue to reproduce or
perform the work in like manner as theretofore subject to the
payment, if demanded by the author within three years after the
date at which the right would have so expired, of such royalties
to the author as, failing agreement, may be determined by arbitra
tion, OI, where the work is incorporated in a collective work and
the owner of the right or interest is the proprietor of that collective
work, without any such payment;
. The notice above referred to must be given Dot more than one year nor
less than six months before the date at which the right would have so expired,
and must be sent by registered post to the author, or, if he cannot with
reasonable diligence be found, advertised in the Gazette and in two news
papers circulating in Swaziland.
(b) where any person has, before the twenty-sixth day of July, 1910, taken any
action whereby he has incurred any expenditure or liability in connection