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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(f)
by the deletion in subsection (1) of the definition of ‘‘literary and artistic
works’’;
(g) by the insertion in subsection (1) after the definition of ‘‘literary and artistic
works’’ of the following definition:
‘‘ ‘performance’ includes any mode of visual or acoustic presentation of
a literary work, musical work, artistic work, dramatic work or work of
joint authorship including acting, singing, delivering, declaiming,
playing or otherwise performing such work, and includes any such
presentation by the operation of a loudspeaker, but excluding such
performance by the use of a phonogram, a radio, television, diffusion
receiver, by the exhibition of a cinematograph film, by the use of a
record, broadcasting, rebroadcasting or transmission in a diffusion
service, and ‘perform’ has a corresponding meaning;’’;
(h) by the substitution in subsection (1) for the definition of ‘‘performer’’ of the
following definition:
‘‘ ‘performer’ means an actor, singer, musician, dancer or other person
who acts, sings, delivers, declaims, plays in or otherwise performs,
literary works, musical works, [or] artistic works, dramatic works or
works of joint authorship;’’;
(i) by the insertion in subsection (1) after the definition of ‘‘phonogram’’ of the
following definition:
‘‘‘prescribe’ means prescribe by regulation in terms of this Act, and
‘prescribed’ has a corresponding meaning;’’;
(j) by the addition in subsection (1) after the definition of ‘‘reproduction’’ of the
following definitions:
‘‘ ‘traditional work’ has the meaning assigned to it in the Copyright
Act, and includes expressions of folklore;
‘works of joint authorship’ have the meaning assigned to it in the
Copyright Act in so far as such works are capable of being performed,
and include musical, dramatic, dramatico-musical works and traditional
works;’’; and
(k) by the substitution for subsection (2) of the following subsection:
‘‘(2) Except in so far as the context otherwise requires, any reference
in this Act to the doing of an act in relation to a performance, including
a performance of a traditional work, a fixation of a performance or a
reproduction of such a fixation, shall be taken to include a reference to
the doing of that act in relation to a substantial part of the performance,
the fixation or the reproduction, as the case may be.’’.
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Insertion of sections 8A, 8B, 8C and 8D in Act 11 of 1967
2. The following sections are hereby inserted in the Performers’ Protection Act, 1967 40
(Act No. 11 of 1967), after section 8:
‘‘Application to performance of traditional work
8A. (1) Subject to the provisions of this section, sections 8B, 8C and 8D
the provisions of this Act shall, except in so far as is otherwise provided in
the said sections, and in so far as they can be applied, apply to a 45
performance of a traditional work.
(2) Nothing in the sections contemplated in subsection (1) shall be
construed as conferring any rights to any person in respect of intellectual
property which is not a performance of a traditional work.