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Assignments and licences in respect of copyright

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—(1) Subject to this section, copyright shall be transmissible by assignment, by testamentary disposition, or by operation of law as personal or movable property.(2) An assignment of copyright may be limited in any of the following ways, or in any combination of 2 or more of those ways:(a)so as to apply to one or more, but not all, of the classes of acts which by virtue of this Act the owner of the copyright has the exclusive right to do (including any one or more classes of acts not separately designated in this Act as being restricted by the copyright, but falling within any of the classes of acts so designated);(b)so as to apply to any one or more, but not all, of the countries in relation to which the owner of the copyright has by virtue of this Act that exclusive right;(c)so as to apply to part, but not the whole, of the period for which the copyright is to subsist,and references in this Act to a partial assignment are references to an assignment so limited.(3) No assignment of copyright (whether total or partial) shall have effect unless it is in writing signed by or on behalf of the assignor.(4) Subject to subsection (4A), a licence granted in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser. (4A) A licence granted to the Government or any statutory board on or after 1st July 20042 in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon every successor in title to his interest in the copyright. 2 Date of commencement of the Intellectual Property (Miscellaneous Amendments) Act 2004 (Act 21 of 2004).(5) References in this Act, in relation to any copyright, to the doing of anything with, or (as the case may be) without, the licence of the owner of the copyright shall be construed accordingly.(6) In this section, “statutory board” means any body corporate established by or under any written law to perform or discharge a public function. [Aust. 1968, s. 196]

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