2
(b)
(c)
works of architecture, being either
buildings or models of buildings; or
works of craftmanship not falling within either paragraph (a) or (b);
[Para. (c) substituted by s. 1 (a) of Act 66 of 1983 and by s. 1 (b) of Act 125 of 1992.]
'author', in relation to(a)
a literary, musical or artistic work, means the person who first makes or creates the work;
(b)
a photograph, means the person who is responsible for the composition of the photograph;
(c)
a sound recording, means the person by whom the arrangements for the making of the sound recording
were made;
[Para. (c) substituted by s. 1 (c) of Act 125 of 1992.]
(d)
a cinematograph film, means the person by whom the arrangements for the making of the film were
made;
(e)
a broadcast, means the first broadcaster;
[Para. (e) substituted by s. 1 (c) of Act 125 of 1992.]
(f)
a programme-carrying signal, means the first person emitting the signal to a satellite;
[Para. (f) substituted by s. 1 (c) of Act 125 of 1992.]
(g)
a published edition, means the publisher of the edition;
[Para. (g) added by s. 1 (a) of Act 52 of 1984.]
(h)
a literary, dramatic, musical or artistic work or computer program which is computer-generated, means
the person by whom the arrangements necessary for the creation of the work were undertaken;
[Para. (h) added by s. 1 (d) of Act 125 of 1992.]
(i)
a computer program, the person who exercised control over the making of the computer program;
[Para. (i) added by s. 1 (d) of Act 125 of 1992.]
'broadcast', when used as a noun, means a telecommunication service of transmissions consisting of sounds,
images, signs or signals which(a)
takes place by means of electromagnetic waves of frequencies of lower than 3000 GHz transmitted in
space without an artificial conductor; and
(b)
is intended for reception by the public or sections of the public,
and includes the emitting of programme-carrying signals to a satellite, and, when used as a verb, shall be construed
accordingly;
[Definition of 'broadcast' substituted by s. 1 (e) of Act 125 of 1992 and by s. 50 (a) of Act 38 of 1997.]
'broadcaster' means a person who undertakes a broadcast;
[Definition of 'broadcaster' substituted by s. 50 (b) of Act 38 of 1997.]
'building' includes any structure;
'cinematograph film' means any fixation or storage by any means whatsoever on film or any other material of
data, signals or a sequence of images capable, when used in conjunction with any other mechanical, electronic or other
device, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a sound-track
associated with the film, but shall not include a computer program;
[Definition of 'cinematograph film' substituted by s. 1 (f) of Act 125 of 1992 and by s. 50 (c) of Act 38 of 1997.]
'collecting society' means a collecting society established under this Act;
[Definition of 'collecting society' inserted by s. 1 (a) of Act 9 of 2002.]
'computer program' means a set of instructions fixed or stored in any manner and which, when used directly or
indirectly in a computer, directs its operation to bring about a result;
[Definition of 'computer program' inserted by s. 1 (g) of Act 125 of 1992.]
'copy' means a reproduction of a work, and, in the case of a literary, musical or artistic work, a cinematograph
film or a computer program, also an adaptation thereof: Provided that an object shall not be taken to be a copy of a work of
architecture unless the object is a building or a model of a building;
[Definition of 'copy' substituted by s. 1 (h) of Act 125 of 1992.]
'copyright' means copyright under this Act;
'Corporation' ......
[Definition of 'Corporation' deleted by s. 50 (d) of Act 38 of 1997.]
'country' includes any colony, protectorate or territory subject to the authority or under the suzerainty of any other
country, and any territory over which trusteeship is exercised;
'derived signal' is a signal obtained by modifying the technical characteristics of the emitted signal, whether or
not there have been one or more intervening fixations;
'diffusion service' means a telecommunication service of transmissions consisting of sounds, images, signs or
signals, which takes place over wires or other paths provided by material substance and intended for reception by specific
members of the public; and diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds,
images, signs or signals to be seen or heard; and where sounds, images, signs or signals are displayed or emitted by any