Page:Copyright Amendment Act 1992 from Government Gazette.djvu/3



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

by the substitution for paragraphs (c), (e) and (f) of the definition of “author” of the following paragraphs, respectively:

a sound recording, means the person by whom the arrangements for the [first fixing of the sounds of a performance or of other sounds] making of the sound recording were made;

a broadcast, means the [Corporation] first broadcaster ;

a programme-carrying signal, means the [Corporation] first person emitting the signal to a satellite ;”;

by the addition of the following paragraphs to the definition of “author”:

a literary, dramatic, musical or artistic work or computer program which is computer-generated, means the person by whom the arrangements necessary for the creation of the work were undertaken;

a computer program, the person who exercised control over the making of the computer program; ”;

by the substitution for the definition of “broadcast” of the following definition: “ ‘broadcast’, when used as a noun, 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] verb, shall be construed accordingly;”;

by the substitution for the definition of “cinematograph film” of the following definition: “ ‘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, but shall not include a computer program ;”;

by the insertion after the definition of “cinematograph film” of the following definition: “ ‘computer program’ means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result; ”;

by the substitution for the definition of “copy” of the following definition: “ ‘copy’ means a reproduction [in written form or in the form of a recording or a cinematograph film or in any other material form] of a work, and, in the case of a literary, musical or artistic work, a cinematograph film or a computer program, also an adaptation thereof : 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;”;

by the substitution for the definition of “distribution” of the following definition: “ ‘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;

a programme-carrying [signals] signal, means any operation by which a distributor transmits a derived [signals] signal to the general public or any section thereof;”;

by the substitution for the definition of “distributor” of the following definition: