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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(c) expressions by action, such as dances, plays, ceremonies, rituals,
expressions of spirituality or religion, sports, traditional games,
puppet performances, and other performances, whether fixed or
unfixed; or
(d) tangible expressions, such as material expressions of art, handicrafts, architecture, or tangible spiritual forms, or expressions of
sacred places;
‘indigenous work’ means a literary, artistic or musical work with an
indigenous or traditional origin, including indigenous cultural expressions or knowledge which was created by persons who are or were
members, currently or historically, of an indigenous community and
which literary, artistic or musical work is regarded as part of the heritage
of such indigenous community;’’;
(g) by the substitution in subsection (1) for paragraph (a) of the definition of
‘‘infringing copy’’ of the following paragraph:
‘‘(a) a literary, musical or artistic work or a published edition or a
traditional work, means a copy thereof;’’;
(h) by the insertion after the definition of ‘‘musical work’’ of the following
definition:
‘‘ ‘National Trust’ means the National Trust for Indigenous Knowledge
established by section 28I;’’;
(i) by the substitution in subsection (1) for paragraphs (a) and (b) of the definition
of ‘‘reproduction’’ of the following paragraphs respectively:
‘‘(a) a literary or musical work or a broadcast or a traditional work,
includes a reproduction in the form of a record or a cinematograph
film;
(b) an artistic work or a traditional work, includes a version produced
by converting the work into a three-dimensional form or, if it is
three-dimensions, by converting it into a two-dimensional form;
and’’;
(j) by the addition in subsection (1) after the definition of ‘‘this Act’’ of the
following definition:
‘‘ ‘traditional work’ includes a derivative indigenous work and an
indigenous work;’’; and
(k) by the substitution in subsection (1) for the definition of ‘‘work’’ of the
following definition:
‘‘ ‘work’ means—
(a) a work as contemplated in section 2; and
(b) for purposes of this Act, a traditional work and indigenous cultural
expressions or knowledge as contemplated in this Act;’’.
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Insertion of Chapter 2A in Act 98 of 1978
4. The following chapter is hereby inserted in the Copyright Act, 1978 (Act No. 98 of
1978), after section 28:
‘‘CHAPTER 2A
COPYRIGHT IN TRADITIONAL WORKS
‘‘Application to traditional works
28A. (1) Subject to the provisions of this chapter, the provisions of this
Act shall, except in so far as is otherwise provided in the said chapter, and
in so far as they can be applied, apply to traditional works.
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