Copyright Act, 1978/1984-06-22

​

as amended by

Copyright Amendment Act, No. 56 of 1980

Copyright Amendment Act, No. 66 of 1983

Copyright Amendment Act, No. 52 of 1984

1. (1) In this Act, unless the content otherwise indicates― “adaptation”, in relation to―

a literary work, includes―

in the case of a non-dramatic work, a version of the work in which it is converted into a dramatic work;

in the case of a dramatic work, a version of the work in which it is converted into a non-dramatic work;

a translation of the work; or

a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;

a musical work, includes any arrangement or transcription of the work, if such arrangement or transcription has an original creative character;

an artistic work, includes a transformation of the work in such a manner that the original or substantial features thereof remain recognizable;

“arbitration” means arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965);

“artistic work” means, irrespective of the artistic quality thereof―

paintings, sculptures, drawings, engravings and photographs;

works of architecture, being either buildings or models of buildings; or

works of artistic craftmanship, or works of craftmanship of a technical nature, not falling within either paragraph (a) or (b);

“author”, in relation to―

a literary, musical or artistic work, means the person who first makes or creates the work;

a photograph, means the person who is responsible for the composition of the photograph;

a sound recording, means the person by whom the arrangements for the first fixing of the sounds of a performance or of other sounds were made;

a cinematograph film, means the person by whom the arrangements for the making of the film were made;

a broadcast, means the Corporation;

a programme-carrying signal, means the Corporation;

a published edition, means the publisher of the edition;

“broadcast” means a broadcasting service as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976), and includes the emitting of programme-carrying signals to a satellite; and a reference to “broadcast” when used as a noun, shall be construed accordingly;

“broadcaster” means a person who undertakes a broadcasting service as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976);

“building” includes any structure;

“cinematograph film” means the first fixation by any means whatsoever on film or any other material of a sequence of images capable, when used in conjuction with any mechanical, electronic or other device, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a sound-track associated with the film;

“copy” means a reproduction in written form or in the form of a recording or a cinematograph film or in any other material form: Provided that an object shall not be taken to be a copy of a work of architecture unless the object is a building or a model of a building;

“copyright” means copyright under this Act;

“Corporation” means the South African Broadcasting Corporation as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976);

“country” includes any colony, protectorate or territory subject to the authority or under the suzerainty of any other country, and any territory over which trusteeship is exercised;

“derived signal” is a signal obtained by modifying the technical characteristics of the emitted signal, whether or not there have been one or more intervening fixations;

“diffusion service” means a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public; and diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds, images, signs or signals to be seen or heard; and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus;

“distribution”, in relation to―

a sound recording, means any act by which records embodying the sound recording are offered, directly or indirectly, to the general public or any section thereof;

programme-carrying signals, means any operation by which a distributor transmits derived signals to the general public or any section thereof;

“distributor”, in relation to programme-carrying signals, means the person who decides that the transmission of the derived signal to the general public or any section thereof shall take place;

“dramatic work” includes a choreographic work or entertainment in dumb show, if reduced to the material form in which the work or entertainment is to be presented, but does not include a cinematograph film as distinct from a scenario or script for a cinematograph film;

“drawing” includes any drawing of a technical nature or any diagram, map, chart or plan;

“emitted signal” means a programme-carrying signal which goes to or passes through a satellite;

“engraving” includes any etching, lithograph, woodcut, print or similar work, but does not include a photograph;

“exclusive license” means a licence authorizing a licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would, apart from the licence, be exercisable exclusively by the owner of the copyright; and “exclusive licensee” shall be construed accordingly;

“infringing copy”, in relation to—

a literary, musical or artistic work or a published edition, means a reproduction thereof;

a sound recording or a substantial part thereof, means a record embodying that recording;

a cinematograph film, means a copy of the film; and

a broadcast, means a cinematograph film of it or a copy of a cinematograph film of it or a sound recording of it or a record embodying a sound recording of it or a still photograph or an individual image or a copy of a still photograph,

being in any such case an article the making of which constituted an infringement of the copyright in the work, recording, cinematograph film or broadcast or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in the Republic;

“judicial proceedings” means proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;

“licence” means a licence granted by or on behalf of the owner or prospective owner of the copyright in a literary, musical or artistic work or in a sound recording or a broadcast, being—

in the case of a literary or musical work, a licence to publish the work in a material form or to perform the work or an adaptation thereof in public or to broadcast it or to record it or to cause it to be transmitted in a diffusion service;

in the case of an artistic work, a licence to include it or an adaptation thereof in a cinematograph film or in a prerecorded or live television broadcast or to cause the work or an adaptation thereof to be transmitted in a diffusion service;

in the case of a sound recording, a licence to make a record embodying it; and

in the case of a broadcast, a licence to rebroadcast it, to record it or to cause it to be transmitted in a diffusion service;

“licence scheme”, in relation to licences of any description, means a scheme prepared by one or more licensing bodies, setting out the classes of cases in which they are willing or the person on whose behalf they act is willing to grant licenses of that description, and the charges, if any, and terms and conditions subject to which licences may be granted in those classes of cases, and includes anything in the nature of such a scheme, whether described as a scheme or as a tariff or by any other name;

“licensing body”, in relation to―

such licences as are mentioned in paragraph (a) or (b) of the definition of “licence”, means a society or other organization which has as one of its objects the negotiation or granting of such licences, either as owner or prospective owner of copyright or as agent for the owners or prospective owners thereof;

such licence as is mentioned in paragraph (c) of the said definition, means any owner or prospective owner of copyright in sound recordings or any person or body of persons acting as agent for any owners or prospective owners of copyright in sound recordings in relation to the negotiation or granting of such licence; and

such licences as are mentioned in paragraph (d) of the said definition, means the Corporation or any organization appointed by it for negotiating or granting such licences;

“literary work” includes, irrespective of literary quality and in whatever mode or form expressed―

novels, stories and poetical works;

dramatic works, stage directions, cinematograph film scenarios and broadcasting scripts;

textbooks, treatises, histories, biographies, essays and articles;

encyclopaedias and dictionaries;

letters, reports and memoranda;

lectures, addresses and sermons; and

written tables and compilations;

“Minister” means the Minister of Industries, Commerce and Tourism;

“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, addresses, speeches and sermons, includes delivery thereof; and references to “perform” in relation to a work or an adaptation of a work shall be construed accordingly: Provided that “performance” shall not include broadcasting or rebroadcasting or transmitting a work in a diffusion service;

“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 or other similar appliance;

“prescribed” means prescribed by or under this Act;

“programme”, in relation to programme-carrying signals, means a body of live or recorded material consisting of images or sounds or both, embodied in signals emitted for the purpose of ultimate distribution;

“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;

“qualified person” means a qualified person within the meaning of section 3 (1);

“rebroadcasting” means the simultaneous or subsequent broadcasting by one broadcasting organization of the broadcast of another broadcasting organization;

“record” means any disc, tape, perforated roll or other device in or on which sounds are embodied so as to be capable of being automatically reproduced therefrom or performed;

“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 literary or musical work or a broadcast, includes a reproduction in the form of a record or a cinematograph film;

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;

any work, includes a reproduction made from a reproduction of that work;

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 the direct exclusively aural fixation of sounds of a performance or of other sounds capable of being reproduced, but does not include a sound-track associated with a cinematograph film;

“this Act” includes the regulations;

“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.

(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 No. 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.

CHAPTER 1

2. (1) Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright―

literary works; musical works; artistic works; cinematograph films, to which are assimilated works expressed by a process analogous to cinematography; sound recordings; broadcasts; programme-carrying signals; published editions.

(2) A literary, musical or artistic work shall not be eligible for copyright unless the work has been written down, recorded or otherwise reduced to material form.

(3) A work shall not be ineligible for copyright by reason only that the making of the work, or the doing of any act in relation to the work, involved an infringement of copyright in some other work.

3. (1) Copyright shall be conferred by this section on every work, eligible for copyright, of which the author or, in the case of a work of joint authorship, any one of the authors is at the time the work or a substantial part thereof is made, a qualified person, that is―

in the case of an individual, a person who is a South African citizen or is domiciled or resident in the Republic; or

in the case of a juristic person, a body incorporated under the laws of the Republic:

Provided that a work of architecture erected in the Republic or any other artistic work in a building located in the Republic, shall be eligible for copyright, whether or not the author was a qualified person.

(2) The term of copyright conferred by this section shall be, in the case of―

literary or musical works or artistic works, other than photographs, the life of the author and fifty years from the end of the year in which the author dies: Provided that if before the death of the author none of the following acts had been done in respect of such works or an adaptation thereof, namely―

the publication thereof;

the performance thereof in public;

the offer for sale to the public of records thereof;

the broadcasting thereof;

the term of copyright shall continue to subsist for a period of fifty years from the end of the year in which the first of the said acts is done;

cinematograph films and photographs, fifty years from the end of the year in which the work is lawfully made available to the public or, failing such an event within fifty years from the making of the work, fifty years from the end of the year in which the work is made;

sound recordings, fifty years from the end of the year in which the recording is first published;

broadcasts, fifty years from the end of the year in which the broadcast first takes place;

programme-carrying signals, fifty years from the end of the year in which the signals are emitted to a satellite.

published editions, fifty years from the end of the year in which the edition is first published.

 (3) (a) In the case of anonymous or pseudonymous literary, musical or artistic works, the copyright therein shall subsist for fifty years from the end of the year in which the work is lawfully made available to the public or from the end of the year in which it is reasonable to presume that the author died, whichever term is the shorter.

In the event of the identity of the author becoming known before the expiration of the period referred to in paragraph (a), the term of protection of the copyright shall be calculated in accordance with the provisions of subsection (2).

(4) In the case of a work of joint authorship the reference in the preceding subsections to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualified person.

4. (1) Copyright shall be conferred by this section on every work which is eligible for copyright and which―

being a literary, musical or artistic work or a sound recording, is first published in the Republic;

being a broadcast, is made in the Republic;

being a programme-carrying signal, is emitted to a satellite from a place in the Republic; or

being a cinematograph film, is first published or made in the Republic,

being a published edition, is first published in the Republic,

and in respect of which copyright is not conferred by section 3.

(2) Copyright conferred on a work by this section shall be subject to the same term of copyright provided for in section 3 for a similar work.

5. (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 or published edition shall be subject to the same term of copyright provided for in section 3 for a similar work.

(5) Sections 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.

8. (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:

Reproducing the film in any manner or form;

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;

broadcasting the film;

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;

making an adaptation of the film;

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.

importing (other than importing for the private and domestic use of the importer), selling, letting, offering or exposing for sale or hire by way of trade, or distributing, directly or indirectly, a reproduction or an adaptation of the film.

(2) The authorization to use a work, other than a musical work, for the making of a cinematograph film, or the contribution of a work to such making, shall, in the absence of agreement to the contrary, include the right to broadcast such film.

 11A. Copyright in a published edition vests the exclusive right to make or to authorize the making of a reproduction of the edition in any manner.



 19A. The provisions of sections 12 (1), (2), (4), (5), (8) and (12) shall mutatis mutandis apply with reference to published editions.



26. (1) Where in the case of a literary, musical or artistic work a name purporting to be that of the author appeared on copies of the work as published or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appeared shall, if it was his true name or a name by which he was commonly known, in any action brought by virtue of this Chapter be presumed, unless the contrary is proved, to be the author of the work.

(2) In the case of a work alleged to be a work of joint authorship, subsection (1) shall apply in relation to each person alleged to be one of the authors of the work as if references in that subsection to the author were references to one of the authors.

(3) Where in an action brought by virtue of this Chapter with respect to a literary, musical or artistic work which is anonymous or pseudonymous it is established―

that the work was first published in the Republic and was so published within the period of fifty years ending with the beginning of the calendar year in which the action was brought; and

that a name purporting to be that of the publisher appeared on copies of the work as first published,

then, unless the contrary is shown, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication: Provided that this subsection shall not apply if the actual name of the author of a pseudonymous work is commonly known.

(4) Where in an action brought by virtue of this Chapter with respect to a literary, musical or artistic work it is proved or admitted that the author of the work is dead, the work shall be presumed to be an original work unless the contrary is proved.

(5) Subsection (4) shall also apply where a work has been published and―

the publication was anonymous or under a name alleged by the plaintiff to have been a pseudonym; and

it is not shown that the work has ever been published under the true name of the author or under a name by which he was commonly known or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry.

(6) Where in an action brought by virtue of this Chapter with respect to copyright in a cinematograph film it is proved that the name purporting to be the name of the author of that film appears thereon in the prescribed manner, the person whose name so appears shall be presumed to be the author of that film, unless the contrary is proved.

(7) Where in an action brought by virtue of this Chapter with respect to copyright in a sound recording it is proved that records embodying that recording or part thereof have been issued to the public and that at the time when those records were so issued they bore a label or other mark comprising any one or more of the following statements, that is to say―

that a person named on the label or mark was the author of the sound recording; that the recording was first published in a year specified on the label or mark; or that the recording was first published in a country specified on the label or mark;

that label or mark shall be sufficient evidence of the facts so stated except in so far as the contrary is proved.

(8) Where in an action brought by virtue of this Chapter with respect to the alleged infringement by a person of the copyright in any artistic work of which three-dimensional reproductions were made available, whether inside or outside the Republic, to the public by or with the consent of the copyright owner, it is proved that such reproductions at the time when they were so made available bore a label or other mark specifiying the following claims, namely―

that copyright exists in the artistic work of which the reproductions were made;

that a person specified on the label or mark was the owner or exclusive licensee of the copyright; and

that the reproductions were first made available to the public in a year specified on the label or mark,

(which claims may be indicated by means of the symbol “©” in conjunction with the name of the relevant person and the relevant year) it shall be presumed, until the contrary is proved―

that the reproductions were first made available to the public in the year so specified; and

that the first-mentioned person had at all relevant times been aware of the claims referred to in paragraphs (a), (b) and (c).

(9) In any civil or criminal proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), it shall be presumed―

that every party to those proceedings had knowledge of the particulars entered in the register of copyright mentioned in section 15 of the said Act from the date of the lodging of the application in question to record those particulars;

that the person who is alleged to have done an act which infringes the relevant copyright did that act without the required authority, unless the contrary is proved.

(10) In any civil or criminal proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a cinematograph film, it shall be presumed, until the contrary is proved, that any person trading in the selling, letting or distribution of copies of cinematograph films and who was found in possession of a reproduction or adaptation of such a cinematograph film, sold or let for hire or by way of trade offered or exposed for sale or hire such reproduction or adaptation.

27. (1) Any person who at a time when copyright subsists in a work, without the authority of the owner of the copyright―

makes for sale or hire;

sells or lets for hire or by way of trade offers or exposes for sale or hire;

by way of trade exhibits in public;

imports into the Republic otherwise than for his private or domestic use;

distributes for purposes of trade; or

distributes for any other purposes to such an extent that the owner of the copyright is prejudicially affected,

articles which he knows to be infringing copies of the work, or, in the case where such work consists of a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), articles which are reproductions or adaptations of the cinematograph film, shall be guilty of an offence.

(2) Any person who at a time when copyright subsists in a work makes or has in his possession a plate knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence.

(3) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and that performance constitutes an infringement of the copyright, shall be guilty of an offence.

(4) Any person who causes a broadcast to be rebroadcast or transmitted in a diffusion service knowing that copyright subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement of the copyright, shall be guilty of an offence.

(5) Any person who causes programme-carrying signals to be distributed by a distributor for whom they were not intended knowing that copyright subsists in the signals and that such distribution constitutes an infringement of the copyright, shall be guilty of an offence.

(6) A person convicted of an offence under subsection (1) shall be liable―

in the case of a first conviction, to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment, for each article to which the offence relates;

in any other case, to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment, for each article to which the offence relates:

Provided that the total fine or the total period of imprisonment imposed by virtue of this subsection shall not exceed fifty thousand rand or ten years, as the case may be, in respect of articles comprised in the same transaction.

(7) A person convicted of an offence under subsection (2), (3), (4) or (5), shall be liable―

in the case of a first conviction, to a fine not exceeding one thousand rand;

in any other case, to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year.

 (8) (a) In the case of a conviction of a person of an offence in terms of subsection (1) in respect of the copyright in a cinematograph film the court may in its discretion, in addition to any other penalty which it may impose under subsection (6), prohibit that person from a date and for a period determined by a court, from carrying on, or having any direct or indirect financial interest in, or deriving any direct or indirect financial benefit from, any business which sells, lets, offers, exposes or distributes reproductions or adaptations of cinematograph films.

Any person who commits an act contrary to a prohibition contemplated in paragraph (a), shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years.

28. (1) The owner of the copyright in any published literary or musical work or any published cinematograph film, any sound recording or any published edition may give notice in writing to the Commissioner for Customs and Excise (in this section referred to as “the Commissioner”)―

that he is the owner of the copyright in the work; and

that he requests the Commissioner to treat as prohibited goods, during a period specified in the notice, copies of the work to which this section applies:

Provided that the period specified in a notice under this subsection shall not extend beyond the end of the period for which the copyright is to subsist: Provided further that the Commissioner shall not be bound to act in terms of any such notice unless the owner of the copyright furnishes him with security in such form and for such amount as he may require to secure the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any copy of the work to which the notice relates or as a result of anything done by him in relation to a copy so detained.

(2) This section shall apply to any copy of the work in question made outside the Republic which if it had been made in the Republic would be an infringing copy of the work.

(3) Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation into the Republic at a time before the end of the period specified in the notice of any copy of the work to which this section applies shall be prohibited.

(4) Notwithstanding anything contained in the Customs and Excise Act, 1964 (Act No. 91 of 1964), a person shall not be liable to any penalty under that Act (other than forfeiture of the goods) by reason of the fact that any goods are treated as prohibited goods by virtue of this section.

(5) This section shall mutatis mutandis apply with reference to an exclusive licensee who has the right to import into the Republic any literary or musical work or any cinematograph film, sound recording or published edition published elsewhere.

CHAPTER 4

37. (1) The Minister may by notice in the Gazette provide that any provision of this Act specified in the notice shall in the case of any country so specified apply―

in relation to literary, musical or artistic works, cinematograph films, sound recordings and published editions first published in that country as it applies in relation to literary, musical or artistic works, cinematograph films, sound recordings and published editions first published in the Republic;

in relation to persons who at a material time are citizens or subjects of that country as it applies in relation to persons who at such a time are South African citizens;

in relation to persons who at a material time are domiciled or resident in that country as it applies in relation to persons who at such a time are domiciled or resident in the Republic;

in relation to bodies incorporated under the laws of that country as it applies in relation to bodies incorporated under the laws of the Republic;

in relation to broadcasts and programme-carrying signals made or emitted to a satellite from places in that country or by one or more organizations constituted by or under the laws of that country as it applies in relation to broadcasts and programme-carrying signals made or emitted to a satellite by the Corporation.

(2) A notice under this section may provide―

that any provisions referred to therein shall apply subject to such exceptions or modifications as may be specified in the notice;

that such provisions shall so apply either generally or in relation to such classes of works or classes of cases as may be so specified.

(3) No notice shall be issued under this section in respect of any country which is not a party to a convention relating to copyright to which the Republic is also a party, unless the Minister is satisfied that, in respect of the class of works to which the notice relates, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under this Act.

43. This Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made thereafter: Provided that―

subject to the provisions of paragraphs (c) and (d), nothing in this Act contained shall―

affect the ownership, duration or validity of any copyright which subsists under the Copyright Act, 1965 (Act No. 63 of 1965); or

be construed as creating any copyright which did not subsist prior to 11 September 1965;

the copyright in cinematograph films made before the commencement of this Act shall be governed by the relevant provisions of this Act, subject to the qualification, in the case of cinematograph films treated as original dramatic works under section 35 of the Third Schedule to the Designs Act, 1916 (Act No. 9 of 1916)―

that the author shall, if so required, remunerate the person who is the owner of a copyright in that film for the purposes of that Act, which remuneration shall be determined by arbitration if agreement thereon cannot be reached; and

the author shall indemnify the user against any further claims relating to the copyright in the film.

in the determination of the term of copyright contemplated in the proviso to section 3 (2) (a) in the case of a work in respect of which the copyright has expired at the commencement of the Copyright Amendment Act, 1984, on the ground that the period mentioned in the said paragraph has lapsed, it shall be deemed that, subject to any rights acquired by any person after the lapse of that period and before the said commencement, copyright did not expire on that ground.