Page:Copyright Act 1987.pdf/67

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COPYRIGHT
67


(b) if the record includes two or more works in which copyrights subsist—
(i) subject to this Division, the royalty payable in respect of the record shall not be less than one cent in respect of each work in the record in which copyright subsists; and
(ii) if the owners of the copyrights in the works in the record in which copyrights subsist are different persons—there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.

Revision of royalty and minimum royalty

59.—(1) If at any time after the expiration of one year after the commencement of this Act it appears to the Minister charged with the responsibility for trade and industry that the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records is not equitable, he may request the Copyright Tribunal to hold an inquiry into the matter and report the result of its inquiry to him.

(2) At any time after the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records, the regulations may provide that the relevant provision of this Act, in its application in respect of records generally or in respect of records included in that class of records, as the case may be, shall have effect as if it were subject to such variations as are provided by the regulations, being such variations as the Minister thinks equitable.

(3) Where the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records included in a particular class of records (whether the report related only to records included in that class or also related to other records), the Minister charged with the responsibility for trade and industry shall not, before the expiration of 5 years after the report was made,