12
(2) The copyright in a computer program shall not
be infringed by a person who is in lawful possession of that
computer program, or an authorized copy thereof, if(a)
he makes copies thereof to the extent reasonably necessary for back-up purposes;
(b)
a copy so made is intended exclusively for personal or private purposes; and
(c)
such copy is destroyed when the possession of the computer program in question, or authorized copy
thereof, ceases to be lawful.
[S. 19B inserted by s. 18 of Act 125 of 1992.]
20
Moral rights
(1) Notwithstanding the transfer of the copyright in a literary, musical or artistic work, in a cinematograph film or
in a computer program, the author shall have the right to claim authorship of the work, subject to the provisions of this Act,
and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to
the honour or reputation of the author: Provided that an author who authorizes the use of his work in a cinematograph film
or a television broadcast or an author of a computer program or a work associated with a computer program may not
prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial
exploitation of the work.
(2) Any infringement of the provisions of this section shall be treated as an infringement of copyright under
Chapter 2, and for the purposes of the provisions of the said Chapter the author shall be deemed to be the owner of the
copyright in question.
[S. 20 substituted by s. 19 of Act 125 of 1992.]
21
Ownership of copyright
(1) (a) Subject to the provisions of this section, the ownership of any copyright conferred by section 3 or 4 on any
work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.
(b) Where a literary or artistic work is made by an author in the course of his employment by the proprietor of a
newspaper, magazine or similar periodical under a contract of service or apprenticeship, and is so made for the purpose of
publication in a newspaper, magazine or similar periodical, the said proprietor shall be the owner of the copyright in the
work in so far as the copyright relates to publication of the work in any newspaper, magazine or similar periodical or to
reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the owner of
any copyright subsisting in the work by virtue of section 3 or 4.
(c) Where a person commissions the taking of a photograph, the painting or drawing of a portrait, the making of a
gravure, the making of a cinematograph film or the making of a sound recording and pays or agrees to pay for it in money
or money's worth, and the work is made in pursuance of that commission, such person shall, subject to the provisions of
paragraph (b), be the owner of any copyright subsisting therein by virtue of section 3 or 4.
(d) Where in a case not falling within either paragraph (b) or (c) a work is made in the course of the author's
employment by another person under a contract of service or apprenticeship, that other person shall be the owner of any
copyright subsisting in the work by virtue of section 3 or 4.
(e) Paragraphs (b), (c) and (d) shall in any particular case have effect subject to any agreement excluding the
operation thereof and subject to the provisions of section 20.
(2) Ownership of any copyright conferred by section 5 shall initially vest in the state or the international
organization concerned, and not in the author.
[S. 21 substituted by s. 9 of Act 56 of 1980.]
22
Assignment and licences in respect of copyright
(1) Subject to the provisions of this section, copyright shall be transmissible as movable property by assignment,
testamentary disposition or operation of law.
(2) An assignment or testamentary disposition of copyright may be limited so as to apply to some only of the acts
which the owner of the copyright has the exclusive right to control, or to a part only of the term of the copyright, or to a
specified country or other geographical area.
(3) No assignment of copyright and no exclusive licence to do an act which is subject to copyright shall have
effect unless it is in writing signed by or on behalf of the assignor, the licenser or, in the case of an exclusive sublicence, the
exclusive sublicenser, as the case may be.
(4) A non-exclusive licence to do an act which is subject to copyright may be written or oral, or may be inferred
from conduct, and may be revoked at any time: Provided that such a licence granted by contract shall not be revoked, either
by the person who granted the licence or his successor in title, except as the contract may provide, or by a further contract.
(5) An assignment, licence or testamentary disposition may be granted or made in respect of the copyright in a
future work, or the copyright in an existing work in which copyright does not subsist but will come into being in the future,
and the future copyright in any such work shall be transmissible as movable property.
(6) A testamentary disposition of the material on which a work is first written or otherwise recorded shall, in the
absence of a stipulation to the contrary, be taken to include the disposition of any copyright or future copyright in the work
which is vested in the deceased at the time of his death.