S.L. 415.8 ст. 21Right of revocation. S.L. 415. 01. Fair Compensation for acts done for the sole purpose of illustration for teaching or scientific research.

(1) Where the author or performer has licensed or transferred his or her rights in a work or other protected subject matter on an exclusive basis, the author or performer may revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter for a continuous period of five (5) years:

Provided that the author or performer in question shall by means of a judicial act, set a time-limit of not less than six (6) months within which the exploitation of the licensed or assigned rights by the respective assignee or licensee, must take place:

Provided further that in the case of sound recordings, the time limit established by a performer shall not be less than one (1) year.

(2) If the respective assignee or licensee fails to exploit the rights concerned within the stipulated time-limit, the author or performer in question may choose to revoke the licence or transfer of rights, in whole or in part, or terminate its exclusivity by referring the matter to the Board for its determination.

(3) In the case of works of joint authorship or collective works, the judicial act referred to in the preceding paragraph may be filed by any joint author or joint rightholder. However, prior to determining whether or not to revoke the licence or transfer of rights in question or to terminate its exclusivity, as the case may be, the Board shall set a time-limit within which all other joint authors or joint rightholders may make their submissions relative to revocation or termination of exclusivity, as the case may be:

Provided that in reaching a decision in relation to the preceding paragraphs, the Board shall assess the relative importance of the individual contributions of each joint author or joint rightholder involved, as well as the legitimate interests of all joint authors or joint rightholders affected by the application of the revocation or termination of exclusivity, as the case may be.

(4) Sub-regulation (1) shall not apply:

(a) in the case of audiovisual works or databases; or

(b) in the event that the lack of exploitation of the work or other subject matter is predominantly due to the circumstances that the author or the performer can reasonably be expected to remedy; or

(c) with respect to contractual provision derogating from the revocation mechanism where these form part of agreements concluded by collective management organisations which are regulated in terms of the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations.

22. The reproduction, translation, distribution communication to the public of a work for the sole purpose of illustration for teaching or scientific research only to the extent justified by the non-commercial purpose to be achieved, and as long as the source, including the author’s name, is, unless this is impossible, indicated , provided for in article 9(1)(h) the Act shall be on the condition that the rightholders receive fair compensation