Page:Copyright Act 1978 from Government Gazette.djvu/3

GOVERNMENT GAZETTE, 30 JUNE 1978

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works of artistic craftsmanship, not falling within either paragraph (a) or (b); (iv)

“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; (xxv)

“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; (xl)

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

“building” includes any structure; (ix)

“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; (xxxii)

“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; (xv)

“copyright” means copyright under this Act; (xxvi)

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

“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; (xvii)

“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; (ii)

“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; (xlv)

“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;