16. ( 1) Authorization by the owner of copyright of the use of the work shall
be granted to the user by a licence contract conferring on the latter the rights
necessary for the envisaged use , under conditions to be stipulated by the Minister
by regulations and limiting the exercise, but not conferring ownership , of the
underlying author's rights .
(2) Unless otherwise provided for by the Minister by notice in the Gazette,
the contract for the use of the work shall be made in writing.
(3) The rights conferred on the user shall be specifically mentioned in the
contract.
(4) Where a contract for the use of the work provides for a conferment of
one or more rights corresponding to the categories 0f rights referred to in section
7, without further specifying the scope of such a conferment of right or rights
shall be limited to the extent justified by the nature of the use of the work provided
for in the contract; and if the terms of the contract do not specify the ways in
which the work may be used, the scope of the conferment of the right or rights
shall be determined in accordance with the purpose envisaged when concluding
the contract.
The rights conferred on the user shall be non-exclusive unless explicitly granted
as exclusive.
The user has standing to sue in his own name for
exclusive right conferred on him.
an
infringement of any
Unless otherwise provided for by the Mini ter, by notice in the Gazette , the
user shall be entitled to transfer the rights conferred on him under the contract
for the use of the work only with the consent of the owner of copyright.
Contracts for commissioned works
17. ( 1) Where a contract had been concluded for the use of a work to be
created, the user shall be under the obligation to make a declaration concerning
acceptance of the work within two months from the date on which the work was
handed over, unless the Minister by notice in the Gazette otherwise provides ; and
if the user fails to make such a declaration within the time fixed by the Minister,
the work shall be deemed to have been accepted .
(2) Within the time open for acceptence of the work, the user shall be entitled
to return the same to the author for corrections or amendments; such requests shall
be motivated by him in 'writing taldng into consideration the purpose for which
the creation of the work was agreed upon.
(3) Justified requests for correction or amendments may be repeatedly made
to the author, by fixing suitable dates therefor; and if the author refuses to comply
with such a request or the amended work does not qualify for the stipulated purpose,
the user may terminate the contract and shall be obliged to pay in consideration
of the work done by the author an appropriate fee less than the remuneration agreed
upon for the use of the work.
PART III
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USE OF WORKS IN 'TIlE PUBliC DOMAIN