No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 20 Intellectual Property Laws Amendment Act, 2013 20 so far as it consists of sounds, to be heard in public, or causing a communication to the public of the said cinematograph film, by wire or wireless means, including the making available to the public of the said cinematograph film in such a way that members of the public may access the said cinematograph film from a place and at a time individually chosen by them; (h) communicating the sound recording in which the traditional work is included to the public; (i) letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the cinematograph film or a reproduction of the sound recording in which the traditional work is included; (j) causing the traditional work, or a television or other programme which incorporates the traditional work, to be transmitted in a diffusion service, unless such service transmits a lawful television broadcast including the traditional work and is operated by the original broadcaster; (k) making, directly or indirectly, a record embodying the sound recording in which the traditional work is included; (l) making an adaptation of the traditional work; and (m) doing in relation to an adaptation of the traditional work, any of the acts specified in paragraphs (a) to (l). (2) The exclusive right vested under subsection (1) shall be exercised subject to any rights in respect of the traditional work acquired by any person prior to the commencement of the Intellectual Property Laws Amendment Act, 2013. 5 10 15 20 25 Term of protection 28F. (1) The term of copyright conferred on traditional works by this Act shall be, in the case of— (a) a derivative indigenous work referred to in section 28B(3)(a), 50 years from the end of the year in which— 30 (i) the work was first communicated to the public with the consent of the author or authors; or (ii) the date of the death of the author or all authors concerned, whichever term expires last; and (b) an indigenous work referred to in section 28B(3)(b), in perpetuity. 35 (2) Notwithstanding section 5, copyright in an indigenous work that vests in the State as a result of the provisions of this Act shall be perpetual in nature. General exceptions regarding protection of traditional works 28G. (1) Sections 12 to 19B shall, with the necessary changes required by the context, apply to a traditional work, in so far as they can be applied to the specific traditional work. (2) The copyright in a traditional work shall not be infringed by a person if that person— (a) has acquired rights in respect of that work by doing any of the acts referred to in section 28E prior to the commencement of the Intellectual Property Laws Amendment Act, 2013; and (b) continues to perform such act, and save for the obligations contemplated in subsections (3) and (5), such person shall continue to hold his or her copyright in the manner he or she has done prior to the commencement of the Intellectual Property Laws Amendment Act, 2013. (3) Any person who has acquired rights as contemplated in subsection (2), must comply with section 28B(4)(b) and (c), within 12 months after the commencement of the Intellectual Property Laws Amendment Act, 2013: Provided that the rights of the indigenous community to royalties or benefits or both such royalties and benefits shall come into existence on the commencement of the Intellectual Property Laws Amendment Act, 2013. 40 45 50 55