Page:Copyright Law, 1976 (Cyprus).pdf/11

This page has been proofread, but needs to be validated.


(2) The name on a work purporting to be the name of its author shall be deemed as such, unless the conrtary is proved.

(3) In the case of an anonymous or pseudonymous work, the publisher whose name is indicated on the work as such shall be deemed to be, unless the contrary is proved, the lawful representative of the anonymous or pseudonymous author and shall be entitled to exercise and protect the rights belonging to the author under this Law.

(4) In the case of an unpublished work where the identity of the author is unknown, but where there are reasons supporting the view that he is a citizen of the Republic the copyright subsisting by virtue of this Law shall be deemed to vest in the Minister of Education.

(5) The provisions of subsections (3) and (4) shall cease to apply as soon as the identity of the author becomes known.

Assignments and licences in respect of copyright. 12.—(1) Subject to the provisions of this section, copyright shall be transmissible by assignment, by testamentary disposition, or by operation of law, as movable property.

(2) An assignment or testamentary disposition of copyright may be limited so as to apply to some only of the acts which the owner of the copyright has the exclusive right to control, or to part only of the period for which the copyright is to subsist or to a specified country or other geographical area.

(3) No assignment of copyright and no exclusive licence to do an act the doing of which is controlled by copyright shall have effect unless it is or is granted in writing.

(4) A non-exclusive licence to do an act the doing of which is controlled by copyright may be written or oral, or may be inferred from conduct.

(5) An assignment, licence or testamentary disposition may be effectively granted or made in respect of a future work, or an existing work in which copyright does not yet subsist, and the prospective copyright in any such work shall be transmissible by operation of law as movable property.

(6) A testamentary disposition of the material on which a work is first written or otherwise recorded shall, unless the will has provided otherwise, be deemed to include any copyright or prospective copyright in the work which is vested in the deceased.

Infringements. 13.—(1) Copyright shall be infringed by any person who does, or causes or permits any other person to do, without the licence of the owner thereof, an act the doing of which is controlled by copyright.

(2) Copyright shall also be infringed by any person who, without the licence of the owner of the copyright, imports into the Republic, otherwise than for his private and domestic use, or distributes therein by way of trade or exhibits in public, any article in respect of which copyright is infringed under subsection (1).