Historical overview of South African Copyright Law
March 7, 2011
Copyright ©
The South African Copyright Law regulates all aspects of copyright in the country including the rights to compensation, acknowledgement, authorship, usage, and distribution of works protected under the South African Copyright Law.
The main South African Copyright Laws are to be found in the 1978 Copyright Act and the amendment acts which have flown from it. CIPRO, which stands for Companies and Intellectual Property Registration Office, oversees registration of copyright regarding for instance, cinematograph films and videos for commercial purposes.
The South African Copyright Law is governed in part by the fact that South Africa is a Berne Convention member and is a party to the TRIPS Agreement. With that then works copyright protected in other Berne Convention countries are thus also copyright protected in South Africa and vice versa.
The original Copyright Act of 1911 was replaced by the 1965 Copyright Act when South Africa became an independent republic in 1961. The South African Copyright Law, however, was still strongly based on the British Copyright Law. With the latest Copyright Act of 1978, a move was made from the heavy reliance on the British Copyright Law to South African Copyright Law that embedded elements from the British Copyright Law and the Berne Convention.
It wasn’t the final copyright act, since many amendments followed since 1978. One such an amendment was the 1992 amendment which placed computer programs in a separate class of copyright protection.
Under South African Copyright Law there are eight more classes of work which are protected including that of literary, musical, and artistic works, as well as sound recordings, published editions, and cinematograph films. Each of the classes has a specific period of protection associated with such.
Contact us at Smit & Van Wyk Intellectual Property Attorneys for assistance regarding any copyright related issues.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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Copyright Law also protects Websites
January 18, 2010
Copyright ©
Many website owners never take action against third parties that have copied content from their site without prior permission or full acknowledgement through the correct citation. It occurs because the site owners don’t know their rights under Copyright Law.
Many mistakenly believe that under Copyright Law the work must first be registered as copyright protected. Fortunately not. The moment that an idea takes tangible form such as a photo, image, article etc. it already enjoys protection against copying without prior permission and the required citation. This affords website owners more power to act against the perpetrators under Copyright Law.
If however, you want to ensure that a book or lengthy piece of work is not copied and have legal grounds to stand on, you may want to get in the help of attorneys specializing in Copyright Law who will be able to provide guidance on the correct steps.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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Why apply for Copyright Protection?
January 15, 2010
Copyright ©
In South Africa, like in most Berne Convention countries, copyright subsist in a qualified work, the moment that the work is created in physical form. Therefore, no registration of copyright is necessary for copyright to subsist.
Copyright provides exclusivity to the owner thereof to perform certain acts in respect of the works. In South Africa it is advisable to add the copyright symbol before the name and year or as an alternative write the word ‘copyright’ before the name and year.
The South African Copyright Act makes provision to register copyright in cinematograph films. The benefit of registering such copyright is that the rights that already subsist in the copyright owner is recorded at CIPRO and, should the owner thereof institute proceedings, such registration can be used as proof of such rights.
In event that copyright is not registered in cinematograph films, such rights first have to be proved during the course of the proceedings.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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Copyright Process
January 5, 2010
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While certain parallels can be drawn between the registration process followed with intellectual property rights that is concerned with trademarks and patents, the copyright process is entirely different. First of all, there is no registration required for copyright to be effective.
As a participating country of the Berne Convention, the South African Copyright Act vests the authorship automatically with the creator or first owner of then work. The act clearly defines whom it considers the owner, and also addresses certain situations which are treated as exceptions.
To find out more about the copyright process, or for expert advice and representation, contact Smit & Van Wyk Incorporated.
Our expertise encompass all aspects, including litigation, relating to patents, trademarks, industrial designs, copyright, as well as providing advice on the commercial rights attached to each of these forms of protection.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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Copyright
January 5, 2010
Copyright ©
As the author of an original work, you have the exclusive right to that work for a certain time period. These rights extend to factors such as its publication, distribution and adaptation, and is a form of intellectual property known as copyright.
Depending on the territory as well as the nature of the work, the time period may last between 50 and a 100 years from the author’s death, after which time the work is said to enter the public domain.
Any piece of work, whether an idea or information-based, qualify for copyright protection, given that it is in an expressible form, substantive and in a fixed medium. Some jurisdictions require formal registration.
South Africa, however, are one of the countries that have accepted the Berne Convention that states that the copyright for a creative work does not have to be asserted or declared, as they are automatically in force at creation.
Smit & Van Wyk, Inc. are leaders in the field of intellectual property and can assist you with any queries you might have.
Contact Details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
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