Page:Copyright Amendment Act 1992 from Government Gazette.djvu/6



a broadcasting of a work;

an exhibition of a work of art;

a construction of a work of architecture.

For the purposes of sections 6, 7 and 11 (b), a work shall be deemed to be published if copies thereof have been issued to the public. ”.

Amendment of section 2 of Act 98 of 1978, as amended by section 2 of Act 56 of 1980 and section 2 of Act 52 of 1984

2. Section 2 of the principal Act is hereby amended―

by the substitution for paragraph (d) of subsection (1) of the following paragraph:

cinematograph films [to which are assimilated works expressed by a process analogous to cinematography];”;

by the addition to the said subsection of the following paragraph:

computer programs .”;

by the substitution for subsection (2) of the following subsection: “(2) A [literary, musical or artistic] work, except a broadcast or programme-carrying signal, shall not be eligible for copyright unless the work has been written down, recorded or otherwise reduced to material form.”; and

by the insertion after subsection (2) of the following subsection: “(2A) A broadcast or a programme-carrying signal shall not be eligible for copyright until, in the case of a broadcast, it has been broadcast and, in the case of a programme-carrying signal, it has been transmitted by a satellite. ”.

Amendment of section 3 of Act 98 of 1978, as amended by section 3 of Act 52 of 1984

3. Section 3 of the principal Act is hereby amended―

by the substitution for subsection (1) of the following subsection: “(1) Copyright shall be conferred by this section on every work, eligible for copyright, of which the author or, in the case of a work of joint authorship, any one of the authors is at the time the work or a substantial part thereof is made, a qualified person, that is―

in the case of an individual, a person who is a South African citizen or is domiciled or resident in the Republic; or

in the case of a juristic person, a body incorporated under the laws of the Republic:

Provided that a work of architecture erected in the Republic or any other artistic work incorporated in a building or any other permanent structure [located] in the Republic, shall be eligible for copyright, whether or not the author was a qualified person.”;

by the substitution for paragraph (b) of subsection (2) of the following paragraph:

cinematograph films [and], photographs and computer programs, fifty years from the end of the year in which the work is [lawfully] made available to the public with the consent of the owner of the copyright or, failing such an event within fifty years from the making of the work, fifty years from the end of the year in which the work is made;”; and

by the substitution for paragraph (a) of subsection (3) of the following subsection: “(a) In the case of anonymous or pseudonymous [literary, musical or artistic] works, the copyright therein shall subsist for fifty years from the end of the year in which the work is [lawfully] made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, whichever term is the shorter.”.