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5
Copyright in relation to the state and certain
international organizations
(1) This Act shall bind the state.
(2) Copyright shall be conferred by this section on every work which is eligible for copyright and which is made
by or under the direction or control of the state or such international organizations as may be prescribed.
(3) Copyright conferred by this section on a literary or musical work or an artistic work, other than a photograph,
shall subsist for fifty years from the end of the year in which the work is first published.
(4) Copyright conferred by this section on a cinematograph film, photograph, sound recording, broadcast,
programme-carrying signal, published edition or computer program shall be subject to the same term of copyright provided
for in section 3 for a similar work.
[Sub-s. (4) substituted by s. 5 of Act 52 of 1984 and by s. 5 of Act 125 of 1992.]
(5) Section 3 and 4 shall not confer copyright on works with reference to which this section applies.
(6) Copyright which vests in the state shall for administrative purposes be deemed to vest in such officer in the
public service as may be designated by the State President by proclamation in the Gazette.
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Nature of copyright in literary or musical works
Copyright in a literary or musical work vests the exclusive right to do or to authorize the doing of any of the
following acts in the Republic:
(a)
Reproducing the work in any manner or form;
(b)
publishing the work if it was hitherto unpublished;
[Para. (b) substituted by s. 6 of Act 125 of 1992.]
(c)
performing the work in public;
(d)
broadcasting the work;
(e)
causing the work to be transmitted in a diffusion service, unless such service transmits a lawful broadcast,
including the work, and is operated by the original broadcaster;
[Para. (e) substituted by s. 3 (b) of Act 56 of 1980.]
(f)
making an adaptation of the work;
(g)
doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in
paragraphs (a) to (e) inclusive.
[S. 6 amended by s. 3 (a) of Act 56 of 1980.]
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Nature of copyright in artistic works
Copyright in an artistic work vests the exclusive right to do or to authorize the doing of any of the following acts
in the Republic:
(a)
Reproducing the work in any manner or form;
(b)
publishing the work if it was hitherto unpublished;
[Para. (b) substituted by s. 7 of Act 125 of 1992.]
(c)
including the work in a cinematograph film or a television broadcast;
(d)
causing a television or other programme, which includes the work, to be transmitted in a diffusion
service, unless such service transmits a lawful television broadcast, including the work, and is operated
by the original broadcaster;
[Para. (d) substituted by s. 4 (b) of Act 56 of 1980.]
(e)
making an adaptation of the work;
(f)
doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in
paragraphs (a) to (d) inclusive.
[S. 7 amended by s. 4 (a) of Act 56 of 1980.]
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Nature of copyright in cinematograph films
(1) Copyright in a cinematograph film vests the exclusive right to do or to authorize the doing of any of the
following acts in the Republic:
(a)
Reproducing the film in any manner or form, including making a still photograph therefrom;
[Para. (a) substituted by s. 8 (a) of Act 125 of 1992.]
(b)
causing the film, in so far as it consists of images, to be seen in public, or, in so far as it consists of
sounds, to be heard in public;
(c)
broadcasting the film;
(d)
causing the film to be transmitted in a diffusion service, unless such service transmits a lawful television
broadcast, including the film, and is operated by the original broadcaster;
[Para. (d) substituted by s. 5 (b) of Act 56 of 1980.]
(e)
making an adaptation of the film;
(f)
doing, in relation to an adaptation of the film, any of the acts specified in relation to the film in
paragraphs (a) to (d) inclusive;
(g)
letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the film.