Page:Copyright Act 1978 from Government Gazette.djvu/20

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(b)

in the case of an application under subsection (3), determine to be reasonable in the circumstances.

(6) Any reference in this section to failure to grant or procure the grant of a licence shall be construed as including a reference to a failure to grant it or to procure the grant thereof within a reasonable time after being requested to do so.

Diffusion service.

34. In a dispute concerning the transmission of broadcasts in a diffusion service in the Republic, the tribunal shall disallow any claim under this Act―

(a)

in the case of broadcasts of the Corporation, to the extent to which the Corporation’s licenses under this Act provide for or include such transmission in a diffusion service;

(b)

in the case of broadcasts of an organization other than the Corporation, to the extent to which the licenses of such other organization provide for or include such transmission in a diffusion service.

Effect of orders of tribunal, and supplementary provisions relating thereto.

35. (1) Any person who complies with the conditions of an order made by the tribunal under this Chapter or who has given a satisfactory undertaking to the owner or prospective owner of the copyright to comply with such conditions, shall be deemed to be the holder of a licence under this Act.

(2) In the exercise of its jurisdiction in respect of licences relating to television broadcasts, the tribunal shall have regard inter alia to any conditions imposed by the promoters of any entertainment or other event which is to be comprised in the broadcasts, and in particular the tribunal shall not hold a refusal or failure to grant a licence to be unreasonable if it could not have been granted consistently with those conditions.

Review of proceedings.

36. (1) Any decision, ruling or order by the tribunal shall be final, but subject to the right of any party, within ninety days after any such decision, ruling or order was given or made or within such further time as the tribunal may allow, to bring the same under review by a full bench of the provincial division of the Supreme Court having jurisdiction.

(2) Any reference in this Chapter to the giving of an opportunity to any person of presenting his case shall be construed as a reference to the giving to that person of an opportunity of submitting representation in writing and of being heard.

Chapter 4

Extension or Restriction of Operation of Act

Application of Act to countries to which it does not extend.

37. (1) The Minister may by notice in the Gazette provide that any provision of this Act specified in the notice shall in the case of any country so specified apply―

(a)

in relation to literary, musical or artistic works, cinematograph films and sound recordings first published, in that country, as it applies in relation to literary, musical or artistic works, cinematograph films and sound recordings first published, in the Republic;

(b)

in relation to persons who at a material time are citizens or subjects of that country as it applies in relation to persons who at such a time are South African citizens;

(c)

in relation to persons who at a material time are domiciled or resident in that country as it applies in relation to persons who at such a time are domiciled or resident in the Republic;