Copyright Act, 1978/1989-04-01

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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

Copyright Amendment Act, No. 61 of 1989

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.

letting, or offering or exposing for hire by way of trade, 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.

9. Copyright in a sound recording vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:

Making, directly or indirectly, a record embodying the sound recording;

importing records embodying the sound recording and distributing them, directly or indirectly, to the general public or any section thereof.

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, 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.