Page:Copyright Amendment Act 1992 from Government Gazette.djvu/8



“Nature of copyright in computer programs

11B. Copyright in a computer program vests the exclusive right to do or authorize the doing of any of the following acts in the Republic:

Reproducing the computer program in any manner or form;

publishing the computer program if it was hitherto unpublished;

reproducing or publishing an adaptation of the program;

making an adaptation of the computer program;

letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the computer program. ”.

Amendment of section 12 of Act 98 of 1978

11. Section 12 of the principal Act is hereby amended―

by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “Copyright shall not be infringed [if] by any fair dealing with a literary or musical work [is used solely and then only to the extent reasonably necessary]―”;

by the substitution in subsection (1) for the words following upon subparagraph (ii) of paragraph (c) of the following words: “[Provided that, subject to the provisions of section 13, the expression ‘used’ shall not be construed as authorizing the making of a copy of the whole or a substantial part of the work in question] Provided [further] that, in the case of paragraphs (b) and (c) (i), [that] the source shall be mentioned, as well as the name of the author if it appears on the work.”;

by the substitution for subsection (9) of the following subsection: “(9) The provisions of subsections (1) to (7) inclusive shall apply also with reference to the making or use of an adaptation of a work.”;

by the substitution for subsection (10) of the following subsection: “(10) The provisions of subsections [(1) to (4) inclusive and] (6) and (7) shall apply also with reference to a work or an adaptation thereof which is transmitted in a diffusion service.”;

by the substitution for subsection (12) of the following subsection: “(12) The copyright in a literary or musical work [or an adaptation thereof] shall not be infringed by the use thereof in a bona fide demonstration [thereof to a specific client by a licensed dealer in] of radio or television receivers or any type of recording equipment or playback equipment to a client by a dealer in such equipment .”; and

by the addition of the following subsection: “ (13) An authorization to use a literary work as a basis for the making of a cinematograph film or as a contribution of a literary work to such making, shall, in the absence of an agreement to the contrary, include the right to broadcast such film. ”.

Substitution of section 14 of Act 98 of 1978

12. The following section is hereby substituted for section 14 of the principal Act: “Special exception in respect of records of musical works

14. (1) The copyright in a musical work shall not be infringed by a person (in this section referred to as the ‘manufacturer’) who makes a [sound recording or a copy] record of the work or of an adaptation