Page:Intellectual Property Laws Amendment Act 1997 from Government Gazette.djvu/22

42No. 18325

Act No. 38, 1997

is intended for reception by the public or sections of the public,

and includes the emitting of programme-carrying signals to a satellite, and, when used as a verb, shall be construed accordingly; ”;

by the substitution for the definition of “broadcaster” of the following definition: “ ‘broadcaster’ means a person who undertakes a broadcast; ”;

by the substitution for the definition of “cinematograph film” of the following definition: “ ‘cinematograph film’ means [the] any fixation or storage by any means whatsoever on film or any other material of data, signals or a sequence of images capable, when used in conjuction with any other 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 deletion of the definition of “Corporation”;

by the substitution for paragraph (g) of the definition of “literary work” of the following paragraph:

tables and compilations, including tables and compilations of data stored or embodied in a computer or a medium used in conjunction with a computer ;”;

by the substitution for the definition of “rebroadcasting” of the following definition: “ ‘rebroadcasting’ means the simultaneous or subsequent broadcasting by one [broadcasting organization] broadcaster of the broadcast of another [broadcasting organization] broadcaster ;”;

by the substitution for the definition of “record” of the following definition: “ ‘record’ means any disc, tape, perforated role or other device in or on which sounds, or data and signals representing sounds, are embodied or represented so as to be capable of being automatically reproduced [therefrom] or performed therefrom ;”; and

by the substitution for the definition of “sound recording” of the following definition: “ ‘sound recording’ means any fixation or storage of sounds, or data or signals representing sounds, capable of being reproduced, but does not include a sound-track associated with a cinematograph film;”.

Amendment of section 2 of Act 98 of 1978, as amended by section 2 of Act 56 of 1980, section 2 of Act 52 of 1984 and section 2 of Act 125 of 1992

51. Section 2 of the Copyright Act, 1978, is hereby amended by the substitution for subsection (2) of the following subsection: “(2) A work, except a broadcast or programme-carrying signal, shall not be eligible for copyright unless the work has been written down, recorded, represented in digital data or signals or otherwise reduced to a material form.”.

Amendment of section 3 of Act 98 of 1978, as amended by section 3 of Act 52 of 1984 and section 3 of Act 125 of 1992

52. Section 3(2) of the Copyright Act, 1978, is hereby amended by the substitution for paragraph (b) of the following paragraph:

cinematograph films, photographs and computer programs, fifty years from the end of the year in which the work―

is made available to the public with the consent of the owner of the copyright; or

is first published,

whichever term is the longer, or failing such an event within fifty years [from] of the making of the work, fifty years from the end of the year in which the work is made;”.