(7) A certificate of registration of a piece of work may be received in evidence
as proof of ownership of that piece of work.
(8) The procedure for application and form of registration of a right in a piece
of work shall be as prescribed by rules made by the Minister for the purpose.
44. Users of work to apply for licence
(1) Any person who wishes to use or perform another person’s work or who
causes work to be performed in public for gain shall apply to the owner or the
owner’s agent for a licence to do so.
(2) The owner or agent may grant a licence and shall in respect of any grant,
charge such royalties as the owner or owner’s agent may determine to be
appropriate.
(3) A licence granted under this section shall be in force for one year but may
be renewed each time it expires.
(4) Any person who, after the expiration of a licence continues to use, perform
or cause to perform in public for gain any work, without renewing the licence
commits an offence and is liable, in addition to any other punishment under this Act,
to pay not less than fifty percent of the royalties charged in respect of that work in
addition to the royalties due for that particular use.
(5) The form of application and licence under this section shall be as prescribed
by the Minister.
(6) A licence by an agent shall not affect the rights of the owner of the work
under section 9 but where a person is licensed by an agent the owner shall not
impose extra conditions and similarly where the owner exercises his or her rights
under section 9, the agent shall not impose conditions other than those agreed upon
between the owner and the user of the work if the agreement is in conformity with
this Act.
45. Civil remedies
(1) Any person whose rights under this Act are in imminent danger of being
infringed or are being infringed may institute civil proceedings in the Commercial
Court for an injunction to prevent the infringement or to prohibit the continuation of
the infringement.
(2) Upon an ex-parte application by a right owner, the court may in chambers
make an order for the inspection of or removal from the infringing person’s
premises, of the copyright infringing materials which constitute evidence of
infringement by that person.
(3) The grant of an injunction under subsection (1) shall not affect the author’s
claim for damages in respect of loss sustained by him or her as a result of the
infringement of the rights under this Act.