Page:Intellectual Property Laws Amendment Act 1997 from Government Gazette.djvu/23

44No. 18325

Act No. 38, 1997 Substitution of section 11B of Act 98 of 1978, as inserted by section 10 of Act 125 of 1992

53. The following section is hereby substituted for section 11B of the Copyright Act, 1978: “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publishing the computer program if it was hitherto unpublished;

performing the computer program in public;

broadcasting the computer program;

causing the computer program to be transmitted in a diffusion service, unless such service transmits a lawful broadcast, including the computer program, and is operated by the original broadcaster;

making an adaptation of the computer program;

doing, in relation to an adaptation of the computer program, any of the acts specified in relation to the computer program in paragraphs (a) to (e) inclusive;

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, as amended by section 11 of Act 125 of 1992

54. Section 12 of the Copyright Act, 1978, is hereby amended by the substitution for subsection (5) of the following subsection: “(5)(a) The copyright in a literary or musical work shall not be infringed by the reproduction of such work by [the Corporation] a broadcaster by means of its own facilities where such reproduction or any copy thereof is intended exclusively for lawful broadcasts of the [Corporation] broadcaster and is destroyed before the expiration of a period of six months immediately following the making of the reproduction, or such longer period as may be agreed to by the owner of the relevant part of the copyright in the work.

(b) Any reproduction of a work made under paragraph (a) may, if it is of an exceptional documentary nature, be preserved in the archives of the [Corporation] broadcaster, but shall, subject to the provisions of this Act, not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work.”.

Amendment of section 24 of Act 98 of 1978, as amended by section 21 of Act 125 of 1992

55. Section 24 of the Copyright Act, 1978, is hereby amended by the substitution for subsections (1A), (1B) and (1C) of the following subsections, respectively: “ (1A) In lieu of damages the plaintiff may, at his or her option, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee in respect of the work or type of work concerned.

(1B) For the purposes of determining the amount of damages or a reasonable royalty to be awarded under this section or section 25(2), the court may direct an enquiry to be held and may prescribe such procedures for conducting such enquiry as the court considers necessary.

(1C) Before the owner of copyright institutes proceedings under this section, he or she shall give notice in writing to the exclusive licensee or sub-licensee of the copyright concerned of the intention to do so, and the exclusive licensee or sub-licensee may intervene in such proceedings and recover any damages he or she may have suffered as a result of the infringement concerned or a reasonable royalty to which he or she may be entitled ”.