Copyright Amendment Act, 1980

Act

To amend the Copyright Act, 1978, so as to provide that originality shall be a requirement for copyright in any work; to apply certain provisions applying to a work, also to a substantial part of such work; to further define a diffusion service for certain purposes; to further define the circumstances in which reproduction of a work shall be permitted; to determine ownership of copyright; and to effect certain textual alterations; and to provide for matters connected therewith.

(English text signed by the State President.)
(Assented to 5 May 1980.)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―

Amendment of section 1 of Act 98 of 1978.

1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) Any reference in this Act to the doing of any act in relation to any work shall, unless the context otherwise indicates, be construed as a reference also to the doing of any such act in relation to any substantial part of such work.”.

Amendment of section 2 of Act 98 of 1978.

2. Section 2 of the principal Act is hereby amended―

(a)

by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

“(1) Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright―”; and

(b)

by the substitution for subsection (2) of the following subsection:

“(2) A literary, musical or artistic work shall not be eligible for copyright unless

[(a)

sufficient effort or skill has been expended on making the work to give it a new and original character; and

(b)]

the work has been written down, recorded or otherwise reduced to material form.”.

Amendment of section 6 of Act 98 of 1978.

3. Section 6 of the principal Act is hereby amended―

(a)

by the substitution for the words preceding paragraph (a) of the following words:

“Copyright in a literary or musical work [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”; and

(b)

by the substitution for paragraph (e) of the following paragraph:

“(e)

causing the work to be transmitted in a diffusion service, unless such service transmits a lawful broadcast, including the work, and is operated by the original [broadcast] broadcaster;”.

Amendment of section 7 of Act 98 of 1978.

4. Section 7 of the principal Act is hereby amended―

(a)

by the substitution for the words preceding paragraph (a) of the following words:

“Copyright in an artistic work [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”; and

(b)

by the substitution for paragraph (d) of the following paragraph:

“(d)

causing a television or other programme, which includes the work, to be transmitted in a diffusion service, unless such service transmits a lawful television broadcast, including the work, and is operated by the original [broadcast] broadcaster;”.

Amendment of section 8 of Act 98 of 1978.

5. Section 8 of the principal Act is hereby amended―

(a)

by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

“(1) Copyright in an cinematograph film [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”; and

(b)

by the substitution for paragraph (d) of the following paragraph:

“(d)

causing the film to be transmitted in a diffusion service, unless such service transmits a lawful television broadcast, including the film, and is operated by the original [broadcast] broadcaster;”.

Substitution of section 9 of Act 98 of 1978.

6. The following section is hereby substituted for section 9 of the principal Act:

“Nature of copyright in sound recordings.

9. Copyright in a sound recording [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:

(a)

Making, directly or indirectly, a record embodying the sound recording;

(b)

importing records embodying the sound recording and distributing them, directly or indirectly, to the general public or any section thereof.”.

Amendment of section 10 of Act 98 of 1978.

7. Section 10 of the principal Act is hereby amended by the sunstitution for the words preceding paragraph (a) of the following words:

“Copyright in a broadcast [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”.

Substitution of section 13 of Act 98 of 1978.

8. The following section is hereby substituted for section 13 of the principal Act:

“General exceptions in respect of reproduction of works.

13. [The] 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 a normal exploitation of the work and is not unreasonably prejudicial to the [legal] legitimate interests of the [author] owner of the copyright.”.

Substitution of section 21 of Act 98 of 1978.

9. The following section is hereby substituted for section 21 of the principal Act:

“Ownership of copyright.

21. (1) (a) Subject to the provisions 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 so made for the purpose 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 pursuance 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 either 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 and subject to the provisions of section 20.

(2) Ownership of any copyright conferred by section 5 shall initially vest in the state or the international organization concerned, and not in the author.”.

Short title.

This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.

According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."

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