8 [Para. (g) added by s. 6 of Act 52 of 1984 and substituted by s. 1 of Act 61 of 1989 and by s. 8 (b) of Act 125 of 1992.] [Sub-s. (1) amended by s. 5 (a) of Act 56 of 1980.] (2) ...... [Sub-s. (2) deleted by s. 8 (c) of Act 125 of 1992.] 9 Nature of copyright in sound recordings Copyright in a sound recording vests the exclusive right to do so 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) letting, or offering or exposing for hire by way of trade, directly or indirectly, a reproduction of the sound recording; (c) broadcasting the sound recording; (d) causing the sound recording to be transmitted in a diffusion service, unless that service transmits a lawful broadcast, including the sound recording, and is operated by the original broadcaster; (e) communicating the sound recording to the public. [S. 9 substituted by s. 6 of Act 56 of 1980, amended by s. 7 of Act 52 of 1984 and substituted by s. 2 of Act 9 of 2002.] 9A Royalties (1) (a) In the absence of an agreement to the contrary, no person may broadcast, cause the transmission of or play a sound recording as contemplated in section 9 (c), (d) or (e) without payment of a royalty to the owner of the relevant copyright. (b) The amount of any royalty contemplated in paragraph (a) shall be determined by an agreement between the user of the sound recording, the performer and the owner of the copyright, or between their representative collecting societies. (c) In the absence of an agreement contemplated in paragraph (b), the user, performer or owner may refer the matter to the Copyright Tribunal referred to in section 29 (1) or they may agree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act 42 of 1965). (2) (a) The owner of the copyright who receives payment of a royalty in terms of this section shall share such royalty with any performer whose performance is featured on the sound recording in question and who would have been entitled to receive a royalty in that regard as contemplated in section 5 of the Performers' Protection Act, 1967 (Act 11 of 1967). (b) The performer's share of the royalty shall be determined by an agreement between the performer and the owner of copyright, or between their representative collecting societies. (c) In the absence of an agreement contemplated in paragraph (b), the performer or owner may refer the matter to the Copyright Tribunal referred to in section 29 (1), or they may agree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act 42 of 1965). (d) Any payment made by the user of the sound recording in terms of this subsection shall be deemed to have discharged any obligation which that user might have to make any payment in respect of his or her use of a corresponding fixation in terms of section 5 of the Performers' Protection Act, 1967 (Act 11 of 1967). (3) In the event of any right to a royalty being assigned to any successor in title, either by contractual arrangement, operation of law, testamentary disposition or otherwise, any successor in title shall be entitled to enforce such right to a royalty against the person who in terms of this section is obliged to pay or against his or her successor in title. [S. 9A inserted by s. 3 of Act 9 of 2002.] 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: (a) Reproducing, directly or indirectly, the broadcast in any manner or form, including, in the case of a television broadcast, making a still photograph therefrom; [Para. (a) substituted by s. 9 of Act 125 of 1992.] (b) rebroadcasting the broadcast; (c) causing the broadcast to be transmitted in a diffusion service, unless such service is operated by the original broadcaster. [S. 10 amended by s. 7 of Act 56 of 1980.] 11 Nature of copyright in programme-carrying signals Copyright in programme-carrying signals vest 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.