Page:Copyright Amendment Act 1983 from Government Gazette.djvu/2



GENERAL EXPLANATORY NOTE

To amend the Copyright Act, 1978, with respect to certain definitions; so as to limit copyright in certain artistic works of which three-dimensional reproductions were made available to the public; to facilitate the establishment of certain facts in actions brought by virtue of certain provisions of the said Act; to make further provision for the regulation and control of the distribution, performance or exhibition of works without the consent of the copyright owner; and to make provision for the regulation and control of the reproduction or adaptation of certain artistic works without the consent of the copyright owner; and to provide for incidental matters.

(English text signed by the State President.) (Assented to 20 May 1983.)

E IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:―

1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended―

by the substitution in subsection (1) for paragraph (c) of the definition of “artistic work” of the following paragraph:

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

by the substitution in subsection (1) for the definition of “drawing” of the following definition: “‘drawing’ includes any drawing of a technical nature or any diagram, map, chart or plan;”;

by the substitution in subsection (1) for the definition of “Minister” of the following definition: “‘Minister’ means the Minister of [Economic Affairs] Industries, Commerce and Tourism ;”;

by the addition in subsection (1) of the following paragraph to the definition of “reproduction”:

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

2. Section 15 of the principal act is hereby amended by the insertion after subsection (3) of the following subsection: “ (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―