10
(b) The author of the speeches referred to in
paragraph (a) shall have the exclusive right of making a
collection thereof.
(9) The provisions of subsections (1) to (7) inclusive shall apply also with reference to the making or use of an
adaptation of a work.
[Sub-s. (9) substituted by s. 11 (c) of Act 125 of 1992.]
(10) The provisions of subsections (6) and (7) shall apply also with reference to a work or an adaptation thereof
which is transmitted in a diffusion service.
[Sub-s. (10) substituted by s. 11 (d) of Act 125 of 1992.]
(11) The provisions of subsections (1) to (4) inclusive and (6), (7) and (10) shall be construed as embracing the
right to use the work in question either in its original language or in a different language, and the right of translation of the
author shall, in the latter event, be deemed not to have been infringed.
(12) The copyright in a literary or musical work shall not be infringed by the use thereof in a bona fide
demonstration of radio or television receivers or any type of recording equipment or playback equipment to a client by a
dealer in such equipment.
[Sub-s. (12) substituted by s. 11 (e) of Act 125 of 1992.]
(13) An authorization to use a literary work as a basis for the making of a cinematograph film or as a contribution
of a literary work to such making, shall, in the absence of an agreement to the contrary, include the right to broadcast such
film.
[Sub-s. (13) added by s. 11 (f) of Act 125 of 1992.]
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.
[S. 13 substituted by s. 8 of Act 56 of 1980.]
14
Special exception in respect of records of musical works
(1) The copyright in a musical work shall not be infringed by a person (in this section referred to as the
'manufacturer') who makes a record of the work or of an adaptation thereof in the Republic, whether from an imported disc,
tape, matrix or otherwise, if(a)
records embodying the work or a similar adaptation of the work were previously made in or imported into
the Republic for the purposes of retail sale and were so made or imported by, or with the licence of, the
owner of the copyright in the work;
(b)
before making the record the manufacturer gave the prescribed notice to the owner of the copyright of his
intention to make it;
(c)
the manufacturer intends to sell the record by retail or to supply it for the purpose of resale by retail by
another person or to use it for making other records to be so sold or so supplied; and
(d)
in the case of a record which is sold by retail or supplied for the purpose of resale by retail, the
manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, the
prescribed royalties.
(2) Where a record comprises, with or without other material, a performance of a musical work or of an adaptation
of a musical work in which words are sung or are spoken that are incidental to, or in association with, the music and no
copyright subsists in that work or, if copyright does subsist therein, the conditions specified in subsection (1) are fulfilled in
relation to such copyright and(a)
the words consist or form part of a literary work in which copyright subsists; and
(b)
the records referred to in subsection (1) (a) were made or imported by or with the licence of the owner of
the copyright in that literary work; and
(c)
the conditions specified in subsection (1) (b) and (d) are fulfilled in relation to the owner of that
copyright,
the making of the record shall not constitute an infringement of the copyright in the literary work.
(3) For the purposes of this section an adaptation of a work shall be deemed to be similar to an adaptation thereof
embodied in a previous record if the two adaptations do not substantially differ in their treatment of the work, either in
respect of style or, apart from any difference in number, in respect of the performers required to perform them.
(4) A manufacturer may for the purposes of paragraph (a) of subsection (1) make the prescribed enquiries in order
to ascertain whether the previous records referred to in that paragraph were previously made in or imported into the
Republic, and if the owner of the copyright fails to reply to such enquiries within the prescribed period, the said previous
records shall be taken to have been made or imported, as the case may be, with the licence of the owner of the copyright.
(5) The preceding provisions of this section shall apply also with reference to records of a part of a work or an
adaptation thereof: Provided that the provisions of subsection (1) shall not apply with reference to(a)
a record of the whole of a work or an adaptation thereof unless the previous records referred to in