Section 173
Section 173
(1)
Where, in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship, there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country outside Brunei
Darussalam, it shall be presumed until the contrary is proved that he was such a qualifying individual and that copyright accordingly subsists in the work, subject to this Part.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
126
BLUV as at 24th December 2013
(2)
If under the law of that country a body is appointed to protect and enforce copyright in such works, His Majesty the Sultan and Yang Di-Pertuan may by order designate that body for the purpose of this section.
(3)
A body so designated shall be recognised in Brunei Darussalam as having authority to do in place of the copyright owner anything, other than the assignment of copyright, which it is empowered to do under the law of that country, including the bringing of proceedings in its own name.
(4)
In subsection (1), a “qualifying individual” means an individual who at the material time (within the meaning of section 163) was a person whose works qualified under that section for copyright protection.
(5)
This section does not apply if there has been an assignment of copyright in the work by the author of which notice has been given to the designated body; and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him.
Transitional provisions and savings, etc.
Transitional provisions and savings. First Schedule 174.
The transitional provisions and savings contained in the First Schedule relating to works made, and acts or events occurring before commencement, and otherwise with respect to the operation of this Part, shall have effect for the purposes of this Order.
Amendment of First Schedule.