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Legislative Texts
SOUTH AFRICA
NON-COMPLETION
(Section 8)
27. Where registration of copyright in a cinematograph film is not completed within six months from the
date of the acceptance of the application by reason of default on the part of the applicant, the Registrar shall
give notice to the applicant or his agent, in writing, on Form OA of such non-completion. If, after 30 days
from the date when such notice was sent or such further time as the Registrar may allow, the registration is
not completed, the application shall be deemed to be abandoned. If an acceptance does not take place and the
applicant, having been advised of the Registrar’s objections to the application, fails to take any action within
three months of the date of such advice, the application shall be deemed to have been abandoned.
CERTIFICATE OF REGISTRATION
(Section 18(2))
28. Upon the registration of copyright in a cinematograph film the Registrar shall, as required by
section 18(2) of the Act, issue to the applicant a certificate on Form OB accompanied by an updated copy of
Form RF 2.
ASSIGNMENT OR TRANSMISSION
(Sections 21 to 23)
29. Where a person becomes entitled by assignment or transmission to the copyright in a
cinematograph film, he may himself or conjointly with the registered owner make application to the Registrar
on Form RF 8 to register his title as soon as possible and if application is not made to register the assignment
or transmission within 12 months of the effective date thereof, a penalty of R15 shall be payable in respect of
each period of 12 months or portion thereof following the expiration of 12 months from the effective date.
30. An application under regulation 29 shall contain the name, business address together with a
description of the person claiming to be so entitled and, in the case of a body corporate, the state or country
under whose law it is incorporated, together with full particulars of the instrument, if any, under which he
claims and such instrument or authenticated copy thereof shall be attached to the application. The full names
of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case
require and retain an authenticated copy of any instrument produced for inspection in proof of title.
31. Where, in the case of an application on Form RF 8, the person applying for registration of his title
does not claim under document (sic!) or instrument which is capable in itself of furnishing proof of his title he
shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the
full particulars of the facts upon which his claim to be owner of copyright in the cinematograph film is based
and showing that the copyright has been assigned or transmitted to him. If the Registrar so requires, the case
shall be verified by a sworn declaration on Form RF 9.
32. The Registrar may call on any person who applies to be registered as owner of copyright in a
cinematograph film for such proof or additional proof of title as he may require.
33. When the Registrar is satisfied as to the title of the person claiming to be registered as owner, he
shall on payment of the prescribed fees on Form RF 4, register him as owner of the copyright in the
cinematograph film and shall enter in the register his name, business address and description and particulars
of the assignment or transmission and also the effective date thereof.
ZA006EN
Cinematographic Films, Regulations, 24/10/1980, No. R.2140
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