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Author Topic: Copyright Act - PART 2 (Original Works)  (Read 1226 times)

dennis

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on: September 26, 2010, 11:20:21 PM
ORIGINAL WORKS
Chapter 1
SECTION 2     Works eligible for copyright
1)    Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright -
    (c)artistic works;
    (d)cinematograph films;
2)    A work, except a broadcast of programme-carrying signal, shall not be eligible for copyright unless the work has been written down, recorded, represented in digital data or signals or otherwise reduced to a material form.
3)    A work shall not be eligible for copyright by reason only that the making of the work, or the doing of any act in relation to the work, involved an infringement of copyright in some other work.

SECTION 3     Copyright by virtue of nationality, domicile or residence, and duration of copyright
1)    Copyright shall be conferred by this section on every work, eligible for copyright, of which the author or, in the case of a work of joint authorship, any one of the authors as at the time the work or a substantial part thereof is made, a qualified person, that is -
    (a) in the case of an individual, a person who is a South African citizen or is domiciled or resident in the Republic; or
    (b) in the case of a juristic person, a body incorporated under the laws of the Republic:
Provided that a work of architecture erected in the Republic, shall be eligible for copyright, whether or not the author was a qualified person.
2)    The term of copyright conferred by this section shall be, in the case of -
    (a)............ or artistic works, other than photographs, the life of the author and fifty years from the end of the year in which the author dies; Provided that if before the death of the author none of the following acts had been done in respect of such works or an adaption thereof, namely -
      (i)the publication thereof;
      (ii)the performance thereof in public;
the term of copyright shall continue to subsist for a period of fifty years from the end of the year in which the first of such acts is done;
    (b)cinematograph films, photographs and .........., fifty years from the end of the year in which the work -
      (i) is made available to the public with the consent of the owner of the copyright; or
      (ii)is first published,
whichever term is the longer, or failing such an event within fifty years of the making of the work, fifty years from the end of the year in which the work is made;
    (f)published editions, fifty years from the end of the year in which the edition is first published.
3)    (a)In the case of anonymous or pseudonymous works, the copyright therein shall subsist for fifty years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, whichever term is the shorter.
(b) In the event of the identity of the author becoming known before the expiration of the period referred to in paragraph (a), the term of protection of the copyright shall be calculated in accordance with the provisions of subsection (2).

SECTION 4     Copyright by reference to country of origin

1)    Copyright shall be conferred by this section on every work which is eligible for copyright and which -
    (a) being ..........or artistic work or ...... , is first published in the Republic;
    (d)being a cinematograph film, is first published or made in the Republic;
    (e) being a published edition, is first published in the Republic;
and in respect of which copyright is not conferred by section 3.
2)    Copyright conferred on a work by this section shall be subject to the same term of copyright provided for in section 3 for a similar work.

SECTION 5     Copyright in relation to the state and certain international organizations
1)    This Act shall bind the state.
2)    Copyright shall be conferred by this section on every work which is eligible for copyright and which is made by or under the direction or control of the state or such international organizations as may be prescribed.
3)    Copyright conferred by this section on a ..........or an artistic work, other than a photograph, shall subsist for fifty years from the end of the year in which the work is first published.

SECTION 7     Nature of copyright in artistic works
1)    Copyright in an artistic work vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:
    (a)Reproducing the work in any manner or form;
    (b)publishing the work if it was hitherto unpublished;
    (c) including the work in a cinematograph film or a television broadcast;
    (d)causing a television or other programme, which includes the work, to be transmitted in a diffusion service, unless such work transmits a lawful television broadcast, including the work, and is operated by the original broadcaster;
    (e)making an adaption of the work;
    (f)doing, in relation to an adaption of the work, any of the acts specified in relation to the work in paragraphs (a) to (d) inclusive.

SECTION 8     Nature of copyright in cinematograph films
1)    Copyright in a cinematograph film vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:
    (a)Reproducing the film in any manner or form, including making a still photograph therefrom;
    (b)causing the film, in so far as it consists of images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;
    (c)broadcasting the film;
    (e)making an adaption of the film;
    (g)letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the film.

SECTION 12     General exceptions from protection of literary and musical works
1)    Copyright shall not be infringed by any fair dealing with literary or musical works -
    (a)for the purposes of research or private study by, or the personal or private use of. The person using the work.
    (b)for the purposes of criticism or review of that work or of another work; or
    (c)for the purpose of reporting current events -
      (i)in a newspaper, magazine or similar periodical; or
      (ii)by means of broadcasting or in a cinematograph film:
Provided that, in the case of paragraphs (b) and (c) (i), the source shall be mentioned, as well as the name of the author if it appears on the work.
8a)    No copyright shall subsist in official texts of a legislature, administrative or legal nature, or in official translations of such texts, or in ...........

SECTION 13     General exceptions in respect of reproduction of works
In addition to reproductions permitted in terms of this Act reproduction of a work shall also be permitted as prescribed by regulation, but in such a manner that the reproduction is not in conflict with the normal exploitation of the work and is not unreasonably prejudicial to the legitimate interests of the owner of the copyright.

SECTION 15     General exceptions from protection of artistic works
1)    The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such inclusion is merely by way of background, or incidental, to the principal matters represented in the film, broadcast or transmission.
2)    The copyright in a work of architecture or in the relevant drawings shall not be infringed by the reconstruction of that work on the same site in the same style as the original.
3)    The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or in a similar public place.
3a)    the copyright in an artistic work of which three-dimensional reproductions were made available, whether inside or outside the Republic, to the public by or with the consent of the copyright owner (hereinafter referred to as authorized reproductions), shall not be infringed if any person without the consent of the owner makes or makes available to the public three-dimensional reproductions or adaptions of the authorized reproductions, provided -
    (ii)the authorized reproductions primarily have a utilitarian purpose and are made by an industrial process.
4)    The provision of section 12(1), (2), (4), (5), (9), (10), and (13) shall mutatis mutandis, in so far as they can be applied, apply with reference to artistic works.
    [mutatis mutandis = Latin - the necessary changes being made]

SECTION 20     Moral Rights
1)    Notwithstanding the transfer of the copyright in a literary, musical or artistic work, in a cinematograph film or in a computer program, the author shall have the right to claim authorship of the work, subject to the provision of this Act, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author: Provided that an author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation of the work..
2)    Any infringement of the provisions of this section shall be treated as an infringement of copyright under Chapter 2, and for the purposes of the provisions of said Chapter the author shall be deemed to be the owner of the copyright in question.

SECTION 21     Ownership of Copyright
1)    (a)Subject to the provision of this section, the ownership of any copyright conferred by section 3 or 4 on any work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.
(b)Where a literary or artistic work is made by an author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, and is made for the purposes of publication in a newspaper, magazine or similar periodical, the said proprietor shall be the owner of the copyright in the work in so far as the copyright relates to publication of the work in any newspaper, magazine or similar periodical or to reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the owner of any copyright subsisting in the work by virtue of section 3 or 4.
(c)Where a person commissions the taking of a photograph, the painting or drawing of a portrait, the making of a gravure, the making of a cinematograph film or the making of a sound recording and pays or agrees to pay for it in money or money's worth, and the work is made in persuance of that commission, such person shall, subject to the provisions of paragraph (b), be the owner of any copyright subsisting therein by virtue of section 3 or 4.
(d)Where in a case not falling within paragraph (b) or (c) a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be the owner of any copyright subsisting in the work by virtue of section 3 or 4.
(e)Paragraphs (b), (c) and (d) shall in any particular case have effect subject to any agreement excluding the operation thereof to the provisions of section 20.
2)    Ownership of any copyright conferred by section 5 shall initially vest in the state of the international organization concerned, and not in the author.

SECTION 22     Assignment and licences in respect of copyright
1)    Subject to the provisions of this section, copyright shall be transmissible as movable property by assignment, testamentary disposition or operation of law.
2)    An assignment or testamentary disposition of copyright may be limited so as to apply to some only of the acts which the owner of the copyright has the exclusive right to control, or to part only of the term of copyright, or to a specified country or other geographical area.
3)    No assignment of copyright and no exclusive licence to do an act which is subject to copyright shall have effect unless it is in writing signed by or on behalf of the assignor, the licenser or, in the case of an exclusive sublicence, the exclusive sublicenser, as the case may be.
4)    A non-exclusive licence to do an act which is subject to copyright may be written or oral, or may be inferred from conduct, and may be revoked at any time: Provided that such licence granted by contract shall not be revoked, either by the person who granted the licence or his successor in title, except as the contract may provide, or by a further contract.
5)    An assignment, licence or testamentary disposition may be granted or made in respect of the copyright in a future work, or the copyright in an existing work in which copyright does not subsist but will come into being in the future, and the future copyright in any such work shall be transmissible as movable property.
6)    A testamentary disposition of the material on which a work is first written or otherwise recorded shall, in the absence of a stipulation to the contrary, be taken to include the disposition of any copyright or future copyright in the work which is vested in the deceased at the time of his death.
7)    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 and without notice, actual or constructive, of the licence or a person deriving title from such a purchaser, and any reference in this Act to the doing in relation to any copyright of anything with or without the licence of the owner of the copyright shall be construed accordingly.
8)    Where the doing of anything is authorized by the grantee of a licence or a person deriving title from the grantee, and it is within the terms, including any implied terms, of the licence for him to authorize it, it shall for the purpose of this Act be deemed to be done with the licence of the grantor and every person, if any, upon whom the licence is binding.
You are what you THINK about - Napoleon Hill


 

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