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Author Topic: Copyright Act - PART 3 (Infringements & Remedies)  (Read 1015 times)

dennis

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on: September 26, 2010, 11:18:12 PM
INFRINGEMENTS & REMEDIES
Chapter 2
SECTION 23     Infringement
1)    Copyright shall be infringed by any person, not being the owner of the copyright, who, without the licence of such owner, does or causes any other person to do, in the Republic, any act which the owner has the exclusive rights to do or to authorize.
2)    Without derogating [detracting, doing something derogatory] from the generality of subsection (1), copyright shall be infringed by any person who, without the licence of the owner of the copyright and a time when copyright subsists in a work -
    (a)imports an article into the Republic for a purpose other than for his private and domestic use;
    (b)sells. Lets, or by way of trade offers or exposes for sale or hire in the Republic any article;
    (c)distributes in the Republic any article for the purposes of trade, or for any other purpose, to such an extent that the owner of the copyright in question is prejudicially affected;
if to his knowledge the making of that article constituted an infringement of that copyright or would have constituted such an infringement if the article had been made in the Republic.

SECTION 24     Action by owner of copyright for infringement
1)    Subject to the provisions of this Act, infringements of copyright shall be actionable at the suit of the owner of the copyright, and in any action for such an infringement all such relief by way of damages, interdict, delivery of infringing copies or plates used or intended to be used for infringing copies or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringements of other proprietary rights.
1a)    In lieu of damages the plaintiff may, at his or her option,, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee in respect of the work or type of work concerned.
1b)    For the purposes of determining the amount of damages or a reasonable royalty to be awarded under this section or section 25 (2), the court may direct an enquiry to be held and may prescribe such procedures for conducting such enquiry as the court considers necessary.
1c)    Before the owner of copyright institutes proceedings under this section, he or she shall give notice in writing to the exclusive licensee or sub-licensee of the copyright concerned of the intention to do so, and the exclusive licensee or sub-licensee may intervene in such proceedings and recover any damages he or she may have suffered as a result of the infringement concerned or a reasonable royalty to which he or she may be entitled.
2)    Where an action for infringement of copyright is proved or admitted that an infringement was committed but that at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement.
3)    Where in an action under this section an infringement of copyright is proved or admitted, and the court having regard, in addition to all other material considerations, to -
    (a)the flagrancy [glaring, scandalous] of the infringement, and
    (b)any benefit shown to have been accrued to the defendant by reason of the infringement,
is satisfied that effective relief would not otherwise be available to the plaintiff, the court shall in assessing damages for the infringement have power to award such additional damages as the court may deem fit.

SECTION 26     Onus of proof in proceedings

1)    Where in the case of ............. artistic work ......... a name purporting to be that of the author appeared on copies of said work ....... as published or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appeared shall, if it was his true name or name by which he was commonly known, in any proceedings brought by virtue of this Chapter be presumed, unless the contrary is proved, to be the author of the work or program.
3)    Where in any proceedings brought by virtue of this Chapter with respect to a literary, .......or artistic work ...........which is anonymous or pseudonymous it is established -
    (a)that the work .......was first published in the Republic and was so published within the period of fifty years ending with the beginning of the calendar year in which the proceedings were brought; and
    (b)that a name purporting to be that of the publisher appeared on copies of the work ...... as first published,
then, unless the contrary is shown, copyright shall be presumed to subsist in the work ......and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication: Provided that this subsection shall not apply if the actual name of the author of a pseudonymous work is commonly known.
4)    Where in any proceedings brought by virtue of this Chapter with respect to a literary, ...... or artistic work ......... it is proved or admitted that the author of the work .......is dead, the work .......shall be presumed to be an original work ........ unless the contrary is proved.
5)    Subsection (4) shall also apply where a work ......has been published and -
    (a)the publication was anonymous or under a name alleged by the plaintiff of the State to be a pseudonym; and
    (b)it is not shown that the work ..... has ever been published under the true name of the author or under a name by which he was commonly known or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry.
6)    Where in any proceedings brought by virtue of this Chapter with respect to the alleged infringement of copyright in a cinematograph film it is proved that the name purporting to be the name of the author of that film appears thereon in the prescribed manner, the person whose name so appears shall be presumed to be the author of that film, unless the contrary is proved.

SECTION 27     Penalties and proceedings in respect of dealings which infringe copyright

1)    Any person who at a time when copyright subsists in a work, without the authority of the owner of the copyright -
    (a) makes for sale or hire;
    (b)sells or lets for hire or by way of trade offers or exposes for sale or hire;
    (c) by way of trade exhibits in public;
    (d)imports into the Republic or otherwise than for his own private or domestic use;
    (e) distributes for purposes of trade; or
    (f)distributes for any other purpose to such an extent that the owner of the copyright is prejudicially affected,
articles which he knows to be infringing copies of the work, shall be guilty of an offence.
2)    Any person who at a time when copyright subsists in a work makes or has in his possession a plate that it is to be used for making infringing copies of the work, shall be guilty of an offence.
6)    A person convicted of an offence under this section shall be liable -
    (a)in the case of a first conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding three years or to both such fine and imprisonment, for each article to which the offence relates;
    (b)in any other case, to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment, for each article to which the offence relates.
You are what you THINK about - Napoleon Hill


 

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