South Africa
Copyright Act, 1978
Act 98 of 1978
- Published in Government Gazette 6092 on 30 June 1978
- Assented to on 20 June 1978
- There are multiple commencements
- [This is the version of this document as it was from 1 April 1989 to 31 July 1989.]
Provisions | Status |
---|---|
Section 1; Chapter 5, section 39–40 | commenced on 30 June 1978. |
Chapter 1 (section 2–22); Chapter 2 (section 23–28); Chapter 3 (section 29–36); Chapter 4 (section 37–38); Chapter 5, section 41–44, section 46–47 | commenced on 1 January 1979. |
Section 1(2A); Chapter 1, section 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d), 21(1)(e) | commenced on 23 May 1980. |
Chapter 1, section 15(3A); Chapter 2, section 26(8) | commenced on 17 October 1983. |
Chapter 1, section 2(1)(h), section 3(2)(a)(i), 3(2)(a)(ii), 3(2)(a)(iii), 3(2)(a)(iv), 3(2)(f), section 4(1)(e), section 8(1)(g), section 11A, section 19A; Chapter 2, section 26(9), 26(10), section 27(8); Chapter 5, section 43(d) | commenced on 22 June 1984. |
Chapter 5, section 45 | not yet commenced. |
- [Amended by Copyright Amendment Act, 1980 (Act 56 of 1980) on 23 May 1980]
- [Amended by Copyright Amendment Act, 1983 (Act 66 of 1983) on 17 October 1983]
- [Amended by Copyright Amendment Act, 1984 (Act 52 of 1984) on 22 June 1984]
- [Amended by Copyright Amendment Act, 1986 (Act 39 of 1986) on 23 April 1986]
- [Amended by Copyright Amendment Act, 1988 (Act 13 of 1988) on 25 September 1987]
- [Amended by Copyright Amendment Act, 1988 (Act 13 of 1988) on 23 March 1988]
- [Amended by Copyright Amendment Act, 1989 (Act 61 of 1989) on 1 April 1989]
1. Definitions
Chapter 1
Copyright in original works
2. Works eligible for copyright
3. Copyright by virtue of nationality, domicile or residence, and duration of copyright
4. Copyright by reference to country of origin
5. Copyright in relation to the state and certain international organizations
6. Nature of copyright in literary or musical works
Copyright in a literary or musical work vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:7. Nature of copyright in artistic works
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:8. Nature of copyright in cinematograph films
9. Nature of copyright in sound recordings
Copyright in a sound recording vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:10. Nature of copyright in broadcasts
Copyright in a broadcast vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:11. Nature of copyright in programme-carrying signals
Copyright in programme-carrying signals vests the exclusive right to undertake, or to authorize, the direct or indirect distribution of such signals by any distributor to the general public or any section thereof in the Republic, or from the Republic.11A. Nature of copyright in published editions
Copyright in a published edition vests the exclusive right to make or to authorize the making of a reproduction of the edition in any manner.[section 11A inserted by section 8 of Act 52 of 1984]12. General exceptions from protection of literary and musical works
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 a normal exploitation of the work and is not unreasonably prejudicial to the legitimate interests of the owner of the copyright.[section 13 substituted by section 8 of Act 56 of 1980]14. Special exception in respect of records of musical works
15. General exceptions from protection of artistic works
16. General exceptions from protection of cinematograph films
The provisions of section 12(1) to (4) inclusive and (12) shall mutatis mutandis apply with reference to cinematograph films.17. General exceptions from protection of sound recordings
The provisions of section 12(1) to (5) inclusive and (12) shall mutatis mutandis apply with reference to sound record.18. General exceptions from protection of broadcasts
The provisions of section 12 (1) to (4) inclusive and (12) shall mutatis mutandis apply with reference to broadcasts.19. General exceptions from protection of programme-carrying signals
19A. General exceptions from protection of published editions
The provisions of section 12(1), (2), (4), (5), (8) and (12) shall mutatis mutandis apply with reference to published editions.[section 19A inserted by section 9 of Act 52 of 1984]20. Residuary rights
21. Ownership of copyright
22. Assignments and licences in respect of copyright
Chapter 2
Infringements of copyright and remedies
23. Infringement
24. Action by owner of copyright for infringement
25. Rights of action and remedies of exclusive licensee and exclusive sub-licensee
An exclusive licensee and an exclusive sub-licensee shall have the same rights of action and be entitled to the same remedies as if the licence were an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under which the licence and sub-licence were granted.[section 25 substituted by section 1 of Act 39 of 1986]26. Onus of proof in actions
27. Penalties and proceedings in respect of dealings which infringe copyright
28. Provision for restricting importation of copies
Chapter 3
Copyright Tribunal
29. Establishment of Copyright Tribunal
30. General provisions as to jurisdiction of tribunal
Subject to the provisions of this Chapter, the function of the tribunal shall be to determine disputes arising between licensing bodies and persons requiring licences or organizations claiming to be representative of such persons, either—31. Reference of licence schemes to tribunal
32. Further reference of scheme to tribunal
33. Applications to tribunal
34. Diffusion service
In a dispute concerning the transmission of broadcasts in a diffusion service in the Republic, the tribunal shall disallow any claim under this Act—35. Effect of orders of tribunal, and supplementary provisions relating thereto
36. Review of proceedings
Chapter 4
Extension or restriction of operation of Act
37. Application of Act to countries to which it does not extend
38. Extended application of provisions relating to broadcasts and programme-carrying signals
The Minister may make regulations providing that, subject to such exceptions and modifications (if any) as may be specified therein, the provisions of this Act relating to broadcasts made, or programme-carrying signals emitted, to a satellite by the Corporation, shall apply in relation to any other person carrying, out the Republic operations similar to those of the Corporation.Chapter 5
Miscellaneous provisions
39. Regulations
The Minister may make regulations—40. Advisory committee
41. Savings
42. Publication
For the purposes of this Act, the following provisions shall apply with respect to publication:43. Application to work made before commencement of Act
This Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made thereafter: Provided that—44. Time when a work is made
For the purposes of this Act a work shall be deemed to have been made at the time when it was first reduced to writing or to some other material form.45. Regulation and control of circulation, presentation or exhibition of works
46. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule: Provided that any proclamation, regulation or rule having effect under any provision so repealed and in force immediately prior to the commencement of this Act, shall continue in force after such commencement and may be repealed, amended or altered as if it had been made under this Act.47. Short title and commencement
This Act shall be called the Copyright Act, 1978, and shall come into operation on 1 January 1979, except sections 1, 39 and 40, which shall come into operation upon promulgation of this Act in the Gazette, and except section 45, which shall come into operation on a date fixed by the State President by proclamation in the Gazette.History of this document
01 May 2011 amendment not yet applied
Amended by
Companies Act, 2008
25 June 2002 amendment not yet applied
Amended by
Copyright Amendment Act, 2002
01 October 1997 amendment not yet applied
10 July 1992 amendment not yet applied
Amended by
Copyright Amendment Act, 1992
01 August 1989 amendment not yet applied
Amended by
Copyright Amendment Act, 1989
01 April 1989 this version
Amended by
Copyright Amendment Act, 1989
23 March 1988
Amended by
Copyright Amendment Act, 1988
Read this version
25 September 1987
Amended by
Copyright Amendment Act, 1988
Read this version
23 April 1986
Amended by
Copyright Amendment Act, 1986
Read this version
22 June 1984
17 October 1983
23 May 1980
01 January 1979
Commenced
30 June 1978
20 June 1978
Assented to
Cited documents 2
Act 2
1. | Customs and Excise Act, 1964 | 1078 citations |
2. | Commissions Act, 1947 | 337 citations |
Documents citing this one 172
Gazette 115
Judgment 47
Act 4
1. | Companies Act, 2008 | 2000 citations |
2. | Income Tax Act, 1962 | 1711 citations |
3. | Promotion of Access to Information Act, 2000 | 1687 citations |
4. | Competition Act, 1998 | 894 citations |
By-law 2
1. | Culture and Recreation By-law, 2004 | |
2. | Libraries By-law, 2015 |
Guidance Note 2
Government Notice 1
1. | Copyright Regulations, 1978 |
Public Compliance Communication (PCC) 1
Subsidiary legislation
Title
|
Date
|
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Copyright Regulations: Amendment Correction
Business, Trade and Industry
|
Government Notice R1375 of 1985 | 28 June 1985 |
Business, Trade and Industry
|
Copyright Regulations: Amendment
Business, Trade and Industry
|
Government Notice R1211 of 1985 | 7 June 1985 |
Business, Trade and Industry
|
Copyright Regulations, 1978
Business, Trade and Industry
|
Government Notice R2530 of 1978 | 7 June 1985 |
Business, Trade and Industry
|