Copyright Act, 1978/1987-09-25

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as amended by

Copyright Amendment Act, No. 56 of 1980

Copyright Amendment Act, No. 66 of 1983

Copyright Amendment Act, No. 52 of 1984

Copyright Amendment Act, No. 39 of 1986

Copyright Amendment Act, No. 13 of 1988 (ss. 2, 3)

15. (1) The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such inclusion is merely by way of background, or incidental, to the principal matters represented in the film, broadcast or transmission.

(2) The copyright in a work of architecture or in the relevant drawings shall not be infringed by the reconstruction of that work on the same site in the same style as the original.

(3) The copyright in a artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place.

 (3A) (a) The copyright in an 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 (hereinafter referred to as authorized reproductions), shall not be infringed if any person without the consent of the owner makes or makes available to the public three-dimensional reproductions or adaptations of the authorized reproductions, provided―

the authorized reproductions primarily have a utilitarian purpose and are made by an industrial process.

(4) The provisions of section 12 (1), (2), (4), (5) and (12) shall mutatis mutandis apply with reference to artistic works.

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.

(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.