No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 6 Intellectual Property Laws Amendment Act, 2013 6 (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.’’. 5 10 15 20 25 30 35 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.