Copyright Regulations, 1978

The Minister of Economic Affairs has, by virtue of the powers vested in him in terms of section 39 of the Copyright Act, 1978 (Act 98 of 1978), made the following regulations and with the concurrence of the Minister of Finance prescribed the matters in respect of which fees shall be payable and the tariff of such fees set forth in Schedule 2 hereto:

1. In these regulations, unless the context otherwise indicates—

(i) “archives depot” means an archives depot referred to in section 5 of the Archives Act, 1962 (Act 6 of 1962);

(ii) “Commissioner” means the person performing the functions of the Tribunal referred to in Chapter 4 of these regulations;

(iii) “cumulative effect” means—

(a) not more than one short poem, article, story or essay or two excerpts copied from the same author or more than three short poems, articles, stories or essays from the same collective work or periodical volume for the purpose of instructing a particular class during any one term; and

(b) not more than nine instances of such multiple copying for one course of instruction to a particular class during any one term;

(iii.A) “local authority” means—

(a) any institution, council or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act 32 of 1961), and includes

(b) any statutory body designated as a local authority in terms of paragraph (c) of the definition of “local authority” in section 1 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977). [Para. (iii.A) inserted by reg. 1 of GN R.1211 of 1985.]

(iv) “teacher” means any person giving instruction or doing research at any school, university or any other educational institution, by whatever name he may be called;

(v) “the Act” means the Copyright Act, 1978 (Act 98 of 1978), and any expression to which a meaning has been assigned in the Act bears the same meaning when used in these regulations;

(vi) “the office” and “the Registrar” mean, respectively, the office of the Registrar of Patents where the court records of the Tribunal shall be kept, and the Registrar of Patents as defined by section 7 of the Patents Act, 1978 (Act 57 of 1978);

(vii) “the Tribunal” means the Copyright Tribunal established by section 29 of the Act.

Permitted reproduction

2. The reproduction of a work in terms of section 13 of the Act shall be permitted—

(a) except where otherwise provided, if not more than one copy of a reasonable portion of the work is made, having regard to the totality and meaning of the work; and [Para. (a) substituted by reg. 3 of GN R.1211 of 1985.]

(b) if the cumulative effect of the reproductions does not conflict with the normal exploitation of the work to the unreasonable prejudice of the legal interest and residuary rights of the author.

Reproduction by library or archive depot

3. Subject to the provisions of regulation 2, a library or archives depot or any of its employees acting within the scope of their employment may, after reproduction of a copy of a work, distribute such copy on the following conditions:

(a) The reproduction or distribution shall not be made with any intention of deriving direct or indirect commercial advantage;

(b) the collections of the library or archive depot shall be open to the public or available to researchers affiliated to the library or archive depot or to the institution of which it is a part, and to other persons doing research in a specialised field;

(c) the reproduction of the work shall incorporate a copyright warning;

(d) the rights of reproduction and distribution shall apply to a copy of an unpublished work duplicated in facsimile form solely for purposes of preservation and security or for deposit, for research use, in another library or archive depot: Provided that the copy reproduced is to be placed in the collection of the library or archive depot;

(e) the right of reproduction shall apply to a copy of a published work duplicated in facsimile form solely for the purpose of replacement of a copy that is deteriorating or that has been damaged, lost, or stolen: Provided that the library or archive depot has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price;

(f) the rights of reproduction and distribution shall apply to a copy, made from the collection of a library or archive depot to which the user addressed his request or from that of another library or archive depot, of not more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy of a reasonable portion of any other copyrighted work: Provided that the copy shall become the property of the

printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such a manner as to be clearly legible, comprehensible and readily apparent to a casual reader of the form.

Multiple copies for class-room use

7. Subject to the provisions of regulation 2, multiple copies (not exceeding one copy per pupil per course) may be made by or for a teacher for class-room use or discussion.

Copies for teachers

8. Subject to the provisions of regulation 2, a single copy may be made by or for a teacher, at his request, for research, teaching or preparation for teaching in a class.

Prohibitions on copies for class-room use or for the use of teachers

9. Notwithstanding the provisions contained in regulations 7 and 8, the following copying shall be prohibited:

(a) Copies may not be used to create or replace or substitute anthologies, compilations or collective works;

(b) no copies may be made of or from works intended to be ephemeral, including workbooks, exercises, standardised tests and test booklets and answer sheets and similar ephemeral material;

(c) copying may not—

(i) be used as a substitute for the purchase of books, publishers' reprints, or periodicals; and

(ii) be repeated in respect of the same material by the same teacher from term to term;

Reproductions of building plans by a local authority

9A. Notwithstanding the provisions of regulation 2 the copyright in a building plan in respect of which the original or a reproduction is lodged for purposes of record at an office of a local authority shall not be infringed by the making of a reproduction of such plan by the person in charge of such office or by any other person acting by or with the authority of such person, if the owner of land upon which a building has been erected in accordance with that plan requires copies of the plan or any portion thereof for the purpose of making additions or alterations to such building. [Reg. 9A inserted by reg. 4 of GN R.1211 of 1985.]

Notices

10. (1) The notice required by section 14 (1) (b) and (2) of the Act shall contain the following particulars:

(a) The name and address of the person by whom the notice is given, hereinafter referred to as “the manufacturer”.

(b) the name of the work to which the notice refers, hereinafter referred to as “the work”, a description sufficient to identify it and the name of the author and publisher;

(c) a statement that the manufacturer intends to make records of the work or an adaptation thereof and the address at which he intends to make such records;

(d) sufficient particulars to identify the record of the work or an adaptation thereof made in or imported into the Republic in such circumstances that section 14 of the Act applies to the records which the manufacturer intends to make.

(e) the type or types of record on which it is intended to reproduce the work or adaptation and an estimate of the number of recordings of each type that will be manufactured for the purpose of being supplied for retail sale;