South Africa
Copyright Act, 1978
Copyright Regulations, 1978
Government Notice R2530 of 1978
- Published in Government Gazette 6252 on 22 December 1978
- Commenced on 1 January 1979
- [This is the version of this document from 7 June 1985.]
- [Amended by Copyright Regulations: Amendment (Government Notice R1211 of 1985) on 7 June 1985]
1. Interpretation
In these regulations, unless the context otherwise indicates—“archives depot” means an archives depot referred to in section 5 of the Archives Act, 1962 (Act 6 of 1962);“Commissioner” means the person performing the functions of the Tribunal referred to in Chapter 4 of these regulations;“cumulative effect” means—(a)not more than one short poem, article, story or essay or two excerpts copied from the same author or more than three short poems, articles, stories or essays from the same collective work or periodical volume for the purpose of instructing a particular class during any one term; and(b)not more than nine instances of such multiple copying for one course of instruction to a particular class during any one term;"local authority" means—(a)any institution, council or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act 32 of 1961), and includes(b)any statutory body designated as a local authority in terms of paragraph (c) of the definition of "local authority" in section 1 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977).[definition of "local authority" inserted by section 1 of Government Notice R1211 of 1985 as corrected by Government Notice R1375 of 1985]“teacher” means any person giving instruction or doing research at any school, university or any other educational institution, by whatever name he may be called;"the Act" means the Copyright Act, 1978 (Act 98 of 1978), and any expression to which a meaning has been assigned in the Act bears the same meaning when used in these regulations;“the office” and “the Registrar” mean, respectively, the office of the Registrar of Patents where the court records of the Tribunal shall be kept, and the Registrar of Patents as defined by section 7 of the Patents Act, 1978 (Act 57 of 1978);“the Tribunal” means the Copyright Tribunal established by section 29 of the Act.Chapter 1
Reproduction regulations (Section 13)
2. Permitted reproduction
The reproduction of a work in terms of section 13 of the Act shall be permitted—3. Reproduction by library or archive depot
Subject to the provisions of regulation 2, a library or archives depot or any of its employees acting within the scope of their employment may, after reproduction of a copy of a work, distribute such copy on the following conditions:4. Exemptions and savings
5. Multiple copies
6. Copyright warning
7. Multiple copies for class-room use
Subject to the provisions of regulation 2, multiple copies (not exceeding one copy per pupil per course) may be made by or for a teacher for class-room use or discussion.8. Copies for teachers
Subject to the provisions of regulation 2, a single copy may be made by or for a teacher, at his request, for research, teaching or preparation for teaching in a class.9. Prohibitions on copies for class-room use or for the use of teachers
Notwithstanding the provisions contained in regulations 7 and 8, the following copying shall be prohibited:9A. Reproductions of building plans by a local authority
Notwithstanding the provisions of regulation 2 the copyright in a building plan in respect of which the original or a reproduction is lodged for purposes of record at an office of a local authority shall not be infringed by the making of a reproduction of such plan by the person in charge of such office or by any other person acting by or with the authority of such person, if the owner of land upon which a building has been erected in accordance with that plan requires copies of the plan or any portion thereof for the purpose of making additions or alterations to such building.[regulation 9A inserted by section 4 of Government Notice R1211 of 1985 as corrected by Government Notice R1375 of 1985]Chapter 2
Sound recording royalties (Section 14)
10. Notices
11. Agreements in respect of royalties payable
12. Retail selling price
The “retail selling price of a record” shall mean—13. Enquiries
14. Determination of royalties
15. Inspection
Upon demand made by the owner of copyright or his duly authorised agent, the manufacturer shall permit the said person—16. Separate agreement
It shall be competent for any persons who would otherwise be bound by the terms of the regulations in this Chapter to enter into a written agreement in terms of which they agree that other provisions shall apply between them in regard to the matters covered by these regulations; provided, however, that such agreement is not incompatible with the Act.Chapter 3
Authors of cinematograph films (Section 26(6))
17. Inscription of name on cinematograph films
For the purpose of section 26 (6) the name of the author of a cinematographic film may appear in any sequence or in any frame of the film, whether the name is visible or not when the film is shown as a moving picture: Provided that such name shall be preceded or followed by the word “copyright”, or “outeursreg”, or “kopiereg”, or the symbol c, or o, or k, or the words “all rights reserved” or “alle regte voorbehou”, or any other obvious or ordinary symbol therefor or abbreviation thereof, either with or without letters or digits indicating a date.18. Registered trade mark indication
The name of the author referred to in regulation 17 may be indicated by—Chapter 4
Copyright Tribunal (Sections 29 to 36)
19. Forms
The forms herein referred to are the forms contained in Schedule 1 to these regulations, and such forms shall be used in all cases to which they apply but may be modified or amended as directed by the Registrar.20. Registrar of Copyright Tribunal
The Registrar or any member of his staff delegated by him shall act as Registrar of the Copyright Tribunal.21. Commencement of proceedings
22. Application for special leave under section 32(2)
23. Advertisement of reference or application
24. Application to be made a party
An application to the Tribunal by any organisation or person claiming to have a substantial interest in the matter in dispute to be made a party to a reference under section 31 or 32 or to an application under section 33 may be made by serving a notice substantially in accordance with Form 5 on the Registrar and on all the parties mentioned in the advertisement required by regulation 23, or, where there has been no such advertisement, then on such persons as the Tribunal may direct,25. Preliminary questions
26. Consideration of references and applications
27. Procedure at hearing
28. Interlocutory applications
29. Consolidation of proceedings
If more than one reference under section 31 or 32 relating to the same licence scheme, or more than one application under section 33 relating to the same licensing body or person is pending before the Tribunal, the Tribunal may, if it thinks fit, either of its own motion or on an application made under regulation 28, order that some or all of the references or applications, as the case may be, be considered together, and may give such consequential directions as may be necessary: Provided that the Tribunal shall not make an order under this regulation of its own motion without giving all parties concerned a reasonable opportunity of objecting to the proposed order.30. Disclosure of documents
31. Evidence
32. Right of audience
In any proceedings before the Tribunal any party may appear and be heard either in person or by counsel or attorney or patent attorney or patent agent.33. Withdrawal of reference or application
By notice in writing served on the Registrar and on all parties to the proceedings, a reference under section 31 or 32 or an application under section 33 may be withdrawn at any time before it has been finally disposed of, but such withdrawal shall be without prejudice to the Tribunal’s power to make an order concerning the payment of costs incurred up to the time of service of the notice: Provided that the Tribunal may proceed with a reference on the application of the licensing body named therein, notwithstanding the purported withdrawal of the reference by any other party thereto.34. Decisions of the Tribunal
35. Application for reference of question of law to Court
36. Costs
37. Fees
38. Service of documents
39. Time
Chapter 5
Miscellaneous
40. Office hours
The office shall be open from 08h00 to 12h30 and from 14h00 to 15h30 from Mondays to Fridays, except on the following days:41. Repeal of regulations
These regulations promulgated under Government Notices R. 407 of 18 March 1966, R. 408 of 18 March 1966, R. 414 of 18 March 1966, R. 415 of 18 March 1966 and R. 1289 of 28 July 1972 are hereby repealed.42. Short title and commencement
These regulations shall be known as the Copyright Regulations, 1978, and shall come into operation on 1 January 1979.History of this document
07 June 1985 this version
Amended by
Copyright Regulations: Amendment
01 January 1979
Commenced