South African copyright law
Encyclopedia
The copyright law of South Africa governs copyright
, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry
.
South Africa is a party to the Berne Convention
and the TRIPS Agreement
. It has signed, but not ratified
, the WIPO Copyright Treaty
.
in 1910, the copyright laws of the four formerly-independent provinces continued unchanged. In 1916 Parliament enacted the Patents, Designs, Trade Marks and Copyright Act, 1916, which repealed the various provincial laws and incorporated the British Imperial Copyright Act 1911
into South African law. In 1928, along with the other British dominions, South Africa became a party to the Berne Convention in its own right.
South Africa having become a republic in 1961, Parliament enacted its own copyright law, separate from that of the United Kingdom, in the Copyright Act, 1965. Nonetheless, this act was largely based on the British Copyright Act 1956
. In 1978 it was replaced by the Copyright Act, 1978, which (as amended) remains in force. The 1978 Act draws both from British law and from the text of the Berne Convention. It has been amended several times, most notably in 1992 to make computer program
s a distinct class of protected work, and in 1997 to bring it into line with the TRIPS agreement.
For a work to be eligible for copyright, it must be original, and it must have been written down or recorded in some way (except for broadcasts and programme-carrying signals, which must have been broadcast or transmitted, respectively). "Originality
" requires the work to have been produced by the exercise of skill and effort by the author(s). As in all Berne Convention countries, copyright is automatic and does not require registration.
The Copyright Act automatically protects works created by South Africans or in South Africa. It also permits the Minister of Trade and Industry to extend the same protection to works created in, or by residents of, other countries; such protection has been extended to all Berne Convention countries.
in South Africa is fifty years from the end of the year of the author's death, or fifty years from publication if it is first published after the author's death. For photographs, films and computer programs, the term is fifty years from first publication, or fifty years from creation if not published within fifty years. For sound recordings, broadcasts, programme-carrying signals and published editions, it is fifty years from first publication or transmission.
Anonymous works are protected for the shorter of fifty years from first publication or fifty years from the year when it is reasonable to presume the author is dead. For works with multiple authors, the fifty years from death are calculated from the death of the last author to die. Government works are protected for fifty years from first publication.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry
Department of Trade and Industry (South Africa)
The Department of Trade and Industry is the department of the South African government with responsibility for commercial policy and industrial policy...
.
South Africa is a party to the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
and the TRIPS Agreement
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
. It has signed, but not ratified
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
, the WIPO Copyright Treaty
World Intellectual Property Organization Copyright Treaty
The World Intellectual Property Organization Copyright Treaty, abbreviated as the WIPO Copyright Treaty, is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization in 1996...
.
History
Initially, after the creation of the Union of South AfricaUnion of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
in 1910, the copyright laws of the four formerly-independent provinces continued unchanged. In 1916 Parliament enacted the Patents, Designs, Trade Marks and Copyright Act, 1916, which repealed the various provincial laws and incorporated the British Imperial Copyright Act 1911
Copyright Act 1911
The Copyright Act 1911, also known as the Imperial Copyright Act of 1911, is an Act of the Parliament of the United Kingdom which received Royal Assent on 16 December 1911. The act established copyright law in the UK and the British Empire...
into South African law. In 1928, along with the other British dominions, South Africa became a party to the Berne Convention in its own right.
South Africa having become a republic in 1961, Parliament enacted its own copyright law, separate from that of the United Kingdom, in the Copyright Act, 1965. Nonetheless, this act was largely based on the British Copyright Act 1956
Copyright Act 1956
The Copyright Act 1956 is an Act of the Parliament of the United Kingdom which received its Royal Assent on 5 November 1956. The Copyright Act 1956 expanded copyright law in the UK and was passed in order to bring UK copyright law in line with international copyright law and technological...
. In 1978 it was replaced by the Copyright Act, 1978, which (as amended) remains in force. The 1978 Act draws both from British law and from the text of the Berne Convention. It has been amended several times, most notably in 1992 to make computer program
Computer program
A computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute...
s a distinct class of protected work, and in 1997 to bring it into line with the TRIPS agreement.
Eligibility for copyright
The Copyright Act defines nine classes of work that are eligible by copyright:- literary worksLiteratureLiterature is the art of written works, and is not bound to published sources...
- including novels, poems, plays, film scripts, textbooks, articles, encyclopaedias, reports, speeches, etc. - musical works - excluding words sung with the music
- artistic worksArtArt is the product or process of deliberately arranging items in a way that influences and affects one or more of the senses, emotions, and intellect....
- including paintings, sculptures, drawings, photographs, architectural works, works of craftsmanship, etc. - cinematograph filmsFilmA film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
- in any medium, including film, tape or digital data - sound recordings - in any medium, but excluding film soundtracks
- broadcastBroadcastBroadcast or Broadcasting may refer to:* Broadcasting, the transmission of audio and video signals* Broadcast, an individual television program or radio program* Broadcast , an English electronic music band...
s - signals transmitted by radio waveRadio WaveRadio Wave may refer to:*Radio frequency*Radio Wave 96.5, a radio station in Blackpool, UK...
s and intended for public reception - programme-carrying signals - signals representing audio and/or video and transmitted via satelliteSatelliteIn the context of spaceflight, a satellite is an object which has been placed into orbit by human endeavour. Such objects are sometimes called artificial satellites to distinguish them from natural satellites such as the Moon....
- published editionsEdition (book)The bibliographical definition of an edition includes all copies of a book printed “from substantially the same setting of type,” including all minor typographical variants.- First edition :...
- particular typographicalTypographyTypography is the art and technique of arranging type in order to make language visible. The arrangement of type involves the selection of typefaces, point size, line length, leading , adjusting the spaces between groups of letters and adjusting the space between pairs of letters...
arrangements of literary or musical works - computer programComputer programA computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute...
s - instructions, in any medium, that direct the operation of a computer
For a work to be eligible for copyright, it must be original, and it must have been written down or recorded in some way (except for broadcasts and programme-carrying signals, which must have been broadcast or transmitted, respectively). "Originality
Originality
Originality is the aspect of created or invented works by as being new or novel, and thus can be distinguished from reproductions, clones, forgeries, or derivative works....
" requires the work to have been produced by the exercise of skill and effort by the author(s). As in all Berne Convention countries, copyright is automatic and does not require registration.
The Copyright Act automatically protects works created by South Africans or in South Africa. It also permits the Minister of Trade and Industry to extend the same protection to works created in, or by residents of, other countries; such protection has been extended to all Berne Convention countries.
Copyright term
For literary, musical and artistic works, except for photographs, the copyright termCopyright term
Copyright term is the length of time copyright subsists in a work before it passes into the public domain.- Length of copyright:Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work Copyright term is...
in South Africa is fifty years from the end of the year of the author's death, or fifty years from publication if it is first published after the author's death. For photographs, films and computer programs, the term is fifty years from first publication, or fifty years from creation if not published within fifty years. For sound recordings, broadcasts, programme-carrying signals and published editions, it is fifty years from first publication or transmission.
Anonymous works are protected for the shorter of fifty years from first publication or fifty years from the year when it is reasonable to presume the author is dead. For works with multiple authors, the fifty years from death are calculated from the death of the last author to die. Government works are protected for fifty years from first publication.