4
'musical work' means a work consisting of music, exclusive of any words or action intended to be sung, spoken
or performed with the music;
[Definition of 'musical work' inserted by s. 1 (q) of Act 125 of 1992.]
'performance' includes any mode of visual or acoustic presentation of a work, including any such presentation by
the operation of a loudspeaker, a radio, television or diffusion receiver or by the exhibition of a cinematograph film or by
the use of a record or by any other means, and in relation to lectures, speeches and sermons, includes delivery thereof; and
references to 'perform' in relation to a work shall be construed accordingly: Provided that 'performance' shall not include
broadcasting or rebroadcasting or transmitting a work in a diffusion service;
[Definition of 'performance' substituted by s. 1 (r) of Act 125 of 1992.]
'photograph' means any product of photography or of any process analogous to photography, but does not include
any part of a cinematograph film;
'plate' includes any stereotype, stone, block, mould, matrix, transfer, negative, record, disc, storage medium or
any version of a work of whatsoever nature used to make copies;
[Definition of 'plate' substituted by s. 1 (s) of Act 125 of 1992.]
'prescribed' means prescribed by or under this Act;
'programme', in relation to a programme-carrying signal, means a body of live or recorded material consisting of
images or sounds or both, embodied in a signal;
[Definition of 'programme' substituted by s. 1 (t) of Act 125 of 1992.]
'programme -carrying signal' means a signal embodying a program which is emitted and passes through a
satellite;
[Definition of 'programme -carrying signal' inserted by s. 1 (u) of Act 125 of 1992.]
'prospective owner', in relation to copyright, means a person who shall be entitled to the copyright, wholly or
partially, in a work in which copyright does not yet subsist or whose entitlement to the copyright which does exist shall
become effective upon a future event;
'published edition' means the first print by whatever process of a particular typographical arrangement of a
literary or musical work;
[Definition of 'published edition' inserted by s. 1 (c) of Act 52 of 1984.]
'qualified person' means a qualified person within the meaning of section 3 (1);
'rebroadcasting' means the simultaneous or subsequent broadcasting by one broadcaster of the broadcast of
another broadcaster;
[Definition of 'rebroadcasting' substituted by s. 50 (f) of Act 38 of 1997.]
'record' means any disc, tape, perforated role or other device in or on which sounds, or data or signals
representing sounds, are embodied or represented so as to be capable of being automatically reproduced or performed
therefrom;
[Definition of 'record' substituted by s. 50 (g) of Act 38 of 1997.]
'Registrar' means the Registrar of Copyright, who shall be the person appointed as Registrar of Patents under
section 7 of the Patents Act, 1978;
'regulation' means a regulation made under this Act;
'reproduction', in relation to(a)
a literary or musical work or a broadcast, includes a reproduction in the form of a record or a
cinematograph film;
(b)
an artistic work, includes a version produced by converting the work into a three-dimensional form or, if
it is in three dimensions, by converting it into a two-dimensional form;
(c)
any work, includes a reproduction made from a reproduction of that work,
[Para. (c) added by s. 1 (d) of Act 66 of 1983.]
and references to 'reproduce' and 'reproducing' shall be construed accordingly;
'satellite' means any device in extra-terrestrial space capable of transmitting signals;
'signal' means an electronically generated carrier capable of transmitting programmes;
'sculpture' includes any cast or model made for purposes of sculpture;
'sound recording' means any fixation or storage of sounds, or data or signals representing sounds, capable of
being reproduced, but does not include a sound-track associated with a cinematograph film;
[Definition of 'sound recording' substituted by s. 1 (v) of Act 125 of 1992 and by s. 50 (h) of Act 38 of 1997.]
'this Act' includes the regulations;
'work' a work contemplated in section 2;
[Definition of 'work' inserted by s. 1 (w) of Act 125 of 1992.]
'work of joint authorship' means a work produced by the collaboration of two or more authors in which the
contribution of each author is not separable from the contribution of the other author or authors;
'writing' includes any form of notation, whether by hand or by printing, typewriting or any similar process.