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[S. 11A inserted by s. 8 of Act 52 of 1984.]
Nature of copyright in computer programs
Copyright in a computer program vests the exclusive right to do or authorize the doing of any of the following acts
in the Republic:
(a)
Reproducing the computer program in any manner or form;
(b)
publishing the computer program if it was hitherto unpublished;
(c)
performing the computer program in public;
(d)
broadcasting the computer program;
(e)
causing the computer program to be transmitted in a diffusion service, unless such service transmits a
lawful broadcast, including the computer program, and is operated by the original broadcaster;
(f)
making an adaptation of the computer program;
(g)
doing, in relation to an adaptation of the computer program, any of the acts specified in relation to the
computer program in paragraphs (a) to (e) inclusive;
(h)
letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the computer
program.
[S. 11B inserted by s. 10 of Act 125 of 1992 and substituted by s. 53 of Act 38 of 1997.]
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General exceptions from protection of literary and musical works
(1) Copyright shall not be infringed by any fair dealing with a literary or musical work(a)
for the purposes of research or private study by, or the personal or private use of, the person using the
work;
(b)
for the purposes of criticism or review of that work or of another work; or
(c)
for the purpose of reporting current events (i)
in a newspaper, magazine or similar periodical; or
(ii)
by means of broadcasting or in a cinematograph film;
Provided that, in the case of paragraphs (b) and (c) (i), the source shall be mentioned, as well as the name of the author if it
appears on the work.
[Sub-s. (1) amended by s. 11 (a) and (b) of Act 125 of 1992.]
(2) The copyright in a literary or musical work shall not be infringed by using the work for the purposes of judicial
proceedings or by reproducing it for the purposes of a report of judicial proceedings.
(3) The copyright in a literary or musical work which is lawfully available to the public shall not be infringed by
any quotation therefrom, including any quotation from articles in newspapers or periodicals that are in the form of
summaries of any such work: Provided that the quotation shall be compatible with fair practice, that the extent thereof shall
not exceed the extent justified by the purpose and that the source shall be mentioned, as well as the name of the author if it
appears on the work.
(4) The copyright in a literary or musical work shall not be infringed by using such work, to the extent justified by
the purpose, by way of illustration in any publication, broadcast or sound or visual record for teaching: Provided that such
use shall be compatible with fair practice and that the source shall be mentioned, as well as the name of the author if it
appears on the work.
(5) (a) The copyright in a literary or musical work shall not be infringed by the reproduction of such work by a
broadcaster by means of its own facilities where such reproduction or any copy thereof is intended exclusively for lawful
broadcasts of the broadcaster and is destroyed before the expiration of a period of six months immediately following the
making of the reproduction, or such longer period as may be agreed to by the owner of the relevant part of the copyright in
the work.
(b) Any reproduction of a work made under paragraph (a) may, if it is of an exceptional documentary nature, be
preserved in the archives of the broadcaster, but shall, subject to the provisions of this Act, not be used for broadcasting or
for any other purpose without the consent of the owner of the relevant part of the copyright in the work.
[Sub-s. (5) substituted by s. 54 of Act 38 of 1997.]
(6) (a) The copyright in a lecture, address or other work of a similar nature which is delivered in public shall not
be infringed by reproducing it in the press or by broadcasting it, if such reproduction or broadcast is for an informatory
purpose.
(b) The author of a lecture, address or other work referred to in paragraph (a) shall have the exclusive right of
making a collection thereof.
(7) The copyright in an article published in a newspaper or periodical, or in a broadcast, on any current economic,
political or religious topic shall not be infringed by reproducing it in the press or broadcasting it, if such reproduction or
broadcast has not been expressly reserved and the source is clearly mentioned.
(8) (a) No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official
translations of such texts, or in speeches of a political nature or in speeches delivered in the course of legal proceedings, or
in news of the day that are mere items of press information.
11B