Page:Copyright Amendment Act 2002 from Government Gazette.djvu/2

2No. 23556

Act No. 9, 2002 '''GENERAL EXPLANATORY NOTE

(English text signed by the President.) (Assented to 18 June 2002.)

To amend the Copyright Act, 1978, so as to define an expression and to amend a definition; and to make further provision regarding the nature of copyright in sound recordings; and to provide for matters connected therewith.

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:―

Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 1992 and section 50 of Act 38 of 1997

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

by the insertion in subsection (1) after the definition of “cinematograph film” of the following definition: “ ‘collecting society’ means a collecting society established under this Act; ”; and

by the substitution in subsection (1) for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minister of [Economic Affairs] Trade and [Technology] Industry ;”.

Substitution of section 9 of Act 98 of 1978, as substituted by section 6 of Act 56 of 1980 and amended by section 7 of Act 52 of 1984 and section 2 of Act 61 of 1989

2. The following section is hereby substituted for section 9 of the principal Act: “Nature of copyright in sound recordings

9. Copyright in a sound recording vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:

Making, directly or indirectly, a record embodying the sound recording;

letting, or offering or exposing for hire by way of trade, directly or indirectly, a reproduction of the sound recording;