No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
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Intellectual Property Laws Amendment Act, 2013
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so far as it consists of sounds, to be heard in public, or causing a
communication to the public of the said cinematograph film, by wire
or wireless means, including the making available to the public of the
said cinematograph film in such a way that members of the public may
access the said cinematograph film from a place and at a time
individually chosen by them;
(h) communicating the sound recording in which the traditional work is
included to the public;
(i) letting, or offering or exposing for hire by way of trade, directly or
indirectly, a copy of the cinematograph film or a reproduction of the
sound recording in which the traditional work is included;
(j) causing the traditional work, or a television or other programme which
incorporates the traditional work, to be transmitted in a diffusion
service, unless such service transmits a lawful television broadcast
including the traditional work and is operated by the original
broadcaster;
(k) making, directly or indirectly, a record embodying the sound
recording in which the traditional work is included;
(l) making an adaptation of the traditional work; and
(m) doing in relation to an adaptation of the traditional work, any of the
acts specified in paragraphs (a) to (l).
(2) The exclusive right vested under subsection (1) shall be exercised
subject to any rights in respect of the traditional work acquired by any
person prior to the commencement of the Intellectual Property Laws
Amendment Act, 2013.
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Term of protection
28F. (1) The term of copyright conferred on traditional works by this Act
shall be, in the case of—
(a) a derivative indigenous work referred to in section 28B(3)(a), 50 years
from the end of the year in which—
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(i) the work was first communicated to the public with the consent
of the author or authors; or
(ii) the date of the death of the author or all authors concerned,
whichever term expires last; and
(b) an indigenous work referred to in section 28B(3)(b), in perpetuity.
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(2) Notwithstanding section 5, copyright in an indigenous work that
vests in the State as a result of the provisions of this Act shall be perpetual
in nature.
General exceptions regarding protection of traditional works
28G. (1) Sections 12 to 19B shall, with the necessary changes required
by the context, apply to a traditional work, in so far as they can be applied
to the specific traditional work.
(2) The copyright in a traditional work shall not be infringed by a person
if that person—
(a) has acquired rights in respect of that work by doing any of the acts
referred to in section 28E prior to the commencement of the
Intellectual Property Laws Amendment Act, 2013; and
(b) continues to perform such act,
and save for the obligations contemplated in subsections (3) and (5), such
person shall continue to hold his or her copyright in the manner he or she
has done prior to the commencement of the Intellectual Property Laws
Amendment Act, 2013.
(3) Any person who has acquired rights as contemplated in subsection
(2), must comply with section 28B(4)(b) and (c), within 12 months after the
commencement of the Intellectual Property Laws Amendment Act, 2013:
Provided that the rights of the indigenous community to royalties or
benefits or both such royalties and benefits shall come into existence on the
commencement of the Intellectual Property Laws Amendment Act, 2013.
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