11
paragraph (a) of that subsection were
records of the whole of the work or of a similar adaptation;
or
(b)
a record of a part of a work or an adaptation thereof unless the records previously made in or imported
into the Republic as contemplated in paragraph (a) of that subsection were of, or included, that part of the
work or of a similar adaptation.
[S. 14 substituted by s. 12 of Act 125 of 1992.]
15
General exceptions from protection of artistic works
(1) The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or a television
broadcast or transmission in a diffusion service, if such inclusion is merely by way of background, or incidental, to the
principal matters represented in the film, broadcast or transmission.
(2) The copyright in a work of architecture or in the relevant drawings shall not be infringed by the reconstruction
of that work on the same site in the same style as the original.
(3) The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film
or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a
similar public place.
(3A) (a) The copyright in an artistic work of which three-dimensional reproductions were made available, whether
inside or outside the Republic, to the public by or with the consent of the copyright owner (hereinafter referred to as
authorized reproductions), shall not be infringed if any person without the consent of the owner makes or makes available
to the public three-dimensional reproductions or adaptations of the authorized reproductions, provided(i)
......
[Sub-para. (i) deleted by s. 2 (1) (a) of Act 13 of 1988.]
(ii)
the authorized reproductions primarily have a utilitarian purpose and are made by an industrial process.
(b) ......
[Para. (b) deleted by s. 2 (1) (b) of Act 13 of 1988.]
[Sub-s. (3A) inserted by s. 2 of Act 66 of 1983.]
(4) The provisions of section 12 (1), (2), (4), (5), (9), (10), (12) and (13) shall mutatis mutandis, in so far as they
can be applied, apply with reference to artistic works.
[Sub-s. (4) substituted by s. 13 of Act 125 of 1992.]
16
General exceptions regarding protection of cinematograph films
(1) The provisions of section 12 (1) (b) and (c), (2), (3), (4), (12) and (13) shall mutatis mutandis apply with
reference to cinematograph films.
(2) Where sounds embodied in a sound-track associated with a cinematograph film are also embodied in a record
other than such a sound-track or in a record derived directly or indirectly from such a sound-track, the copyright in the film
shall not be infringed by the use of that record.
[S. 16 substituted by s. 14 of Act 125 of 1992.]
17
General exceptions regarding protection of sound recordings
The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with
reference to sound recordings.
[S. 17 substituted by s. 15 of Act 125 of 1992.]
18
General exceptions regarding protection of broadcasts
The provisions of section 12 (1) to (5) inclusive, (12) and (13) shall mutatis mutandis apply with reference to
broadcasts.
[S. 18 substituted by s. 16 of Act 125 of 1992.]
19
General exceptions from protection of programme -carrying signals
(1) The copyright in programme-carrying signals shall not be infringed by the distribution of short excerpts of the
programme so carried(a)
that consist of reports of current events; or
(b)
as are compatible with fair practice,
and to the extent justified by the informatory purpose of such excerpts.
(2) The provisions of this section shall not apply with reference to a programme carried by programme -carrying
signals representing a sporting event.
19A General exceptions regarding protection of published editions
The provisions of sections 12 (1), (2), (4), (5), (8), (12) and (13) shall mutatis mutandis apply with reference to
published editions.
[S. 19A inserted by s. 9 of Act 52 of 1984 and substituted by s. 17 of Act 125 of 1992.]
19B General exceptions regarding protection of computer programs
(1) Subject to the provisions of section 23 (2) (d), the provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12)
and (13) shall mutatis mutandis apply, in so far as they can be applied, with reference to computer programs.