5
(2) Any reference in this Act to a sound-track
associated with a cinematograph film shall be construed as a
reference to any record of sounds which is incorporated in any print, negative, tape or other article on which the film or part
of it, in so far as it consists of visual images, is recorded or which is issued by the author of the film for use in conjunction
with such an article.
(2A) Any reference in this Act to the doing of any act in relation to any work shall, unless the context otherwise
indicates, be construed as a reference also to the doing of any such act in relation to any substantial part of such work.
[Sub-s. (2A) inserted by s. 1 of Act 56 of 1980.]
(3) The provisions of this Act shall with reference to any act or omission outside the territorial limits of the
Republic by or on any ship or aircraft registered under any law in the Republic apply in the same manner as it applies with
reference to acts or omissions within the territorial limits of the Republic.
(4) Notwithstanding the provisions of paragraph (i) of the definition of 'author' in subsection (1), the author of a
computer program made before the date of commencement of the Copyright Amendment Act, 1992, shall be deemed to be
the person who first made or created the program, but if such computer program is original and has been published by a
qualified person, such person shall be presumed to be the owner of the copyright subsisting in the computer program
concerned, unless the contrary is proved.
[Sub-s. (4) added by s. 1 (x) of Act 125 of 1992.]
(5) For the purposes of this Act the following provisions shall apply in connection with the publication of a work:
(a)
Subject to paragraph (e), a work shall be deemed to have been published if copies of such work have been
issued to the public with the consent of the owner of the copyright in the work in sufficient quantities to
reasonably meet the needs of the public, having regard to the nature of the work.
(b)
Publication of a cinematograph film or sound recording is the sale, letting, hire or offer for sale or hire, of
copies thereof.
(c)
A publication shall not be treated as being other than the first publication by reason only of an earlier
publication elsewhere within a period of 30 days.
(d)
Publication shall not include(i)
a performance of a musical or dramatic work, cinematograph film or sound recording;
(ii)
a public delivery of a literary work;
(iii)
a transmission in a diffusion service;
(iv)
a broadcasting of a work;
(v)
an exhibition of a work of art;
(vi)
a construction of a work of architecture.
(e)
For the purposes of sections 6, 7 and 11 (b) [sic], a work shall be deemed to be published if copies thereof
have been issued to the public.
[Sub-s. (5) added by s. 1 (x) of Act 125 of 1992.]
[Date of commencement of s. 1: 30 June 1978.]
CHAPTER 1
COPYRIGHT IN ORIGINAL WORKS (ss 2-22)
2
Works eligible for copyright
(1) Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright(a)
literary works;
(b)
musical works;
(c)
artistic works;
(d)
cinematograph films;
[Para. (d) substituted by s. 2 (a) of Act 125 of 1992.]
(e)
sound recordings;
(f)
broadcasts;
(g)
programme -carrying signals;
(h)
published editions;
[Para. (h) added by s. 2 of Act 52 of 1984.]
(i)
computer programs.
[Para. (i) added by s. 2 (b) of Act 125 of 1992.]
[Sub-s. (1) amended by s. 2 (a) of Act 56 of 1980.]
(2) A work, except a broadcast or programme-carrying signal, shall not be eligible for copyright unless the work
has been written down, recorded, represented in digital data or signals or otherwise reduced to a material form.
[Sub-s. (2) substituted by s. 2 (b) of Act 56 of 1980, by s. 2 (c) of Act 125 of 1992 and by s. 51 of Act 38 of 1997.]
(2A) A broadcast or a programme -carrying signal shall not be eligible for copyright until, in the case of a
broadcast, it has been broadcast and, in the case of a programme -carrying signal, it has been transmitted by a satellite.
[Sub-s. (2A) inserted by s. 2 (d) of Act 125 of 1992.]