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Copyright law in South Africa Copyright law in South Africa

Bronze medal Reporter Adv. Thomson Posted 24 Apr 2019 Read More News and Blogs
Copyright law in South Africa

 

The copyright law of South Africa regulates copyright, the privilege to control the utilization and circulation of artistic and creative works, in the Republic of South Africa. It is typified in the Copyright Act, 1978 and its different amendment acts, and managed by the Companies and Intellectual Property Commission in the Department of Trade and Industry.



According to the copyright act no.98 of 1978, the eligibibility for copyright specifies,

Works eligible for copyright.

  1. Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright—
  1. literary works;
  2. musical works;
  3. artistic works;
  4. cinematograph films; [Para. (d) substituted by s. 2 (a) of Act No. 125 of 1992.]
  5. sound recordings;
  6. broadcasts;
  7. programme-carrying signals;
  8. published editions; [Para. (h) added by s. 2 of Act No. 52 of 1984.] (i) computer programs. [Sub-s. (1) amended by s. 2 (a) of Act No. 56 of 1980. Para. (i) added by s. 2 (b) of Act No. 125 of 1992.]

2. A work, except a broadcast or 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. [Sub-s. (2) substituted by s. 2 (b) of Act No. 56 of 1980, by s. 2 (c) of Act No. 125 of 1992 and by s. 51 of Act No. 38 of 1997.]



(2A) A broadcast or a programme-carrying signal shall not be eligible for copyright until, in the case of a broadcast, it has been broadcast and, in the case of a programme carrying signal, it has been transmitted by a satellite. [Sub-s. (2A) inserted by s. 2 (d) of Act No. 125 of 1992.]

3. A work shall not be ineligible 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.



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