Copyright Law
January 4, 2010
Copyright ©
One of the most common disputes regarding copyright has to be with determining who holds the authorship of the work.
In South Africa then copyright law is very clear on this, and the guidelines can be summarised as follows:
- Literary, musical or artistic works – the person who first makes or creates the work
- Films – the person who made arrangements for the making of the film
- Broadcasts – the first broadcaster
- Published editions – the publisher of the edition
- Photographs – the person responsible for the composition of the photograph
- Sound recordings – the person who made arrangements for the making of the recording
- Programme-carrying signals – the first person emitting the signal to a satellite
- Computer programs – the person who exercised control over the making of the program
There are, however, exceptions. Smit & Van Wyk Incorporated is a legal agency that specialises in intellectual property, and we will be able to assist you with any query related to copyright law.
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 Lawyers
November 23, 2009
Attorneys, Copyright ©
While it is generally accepted by copyright lawyers and other legal entities that copyright is automatically in force at creation of the work, subject to certain criteria, this copyright is not applicable indefinitely.
Generally, the term of copyright is 50 years, depending on the nature of the work, and subject to the following:
- Literary, musical or artistic works – fifty years following the death of the author
- Films and photographs – fifty years from the end of the year in which the work is made publicly available
- Sound recordings – fifty years from the end of the year in which the recording is first published
- Broadcasts – fifty years from the end of the year in which the broadcast first takes place
- Programme-carrying signals – fifty years from the end of the year in which the signals are emitted to a satellite
- Published editions – fifty years from the end of the year in which the edition is published
This is a basic summary, and there are exceptions. Feel free to contact the copyright lawyers at Smit & Van Wyk for more detailed information.
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Copyright Lawyer
November 23, 2009
Attorneys, Copyright ©
Similar to other forms of intellectual property such as trademarks and patents, and in fact conventional forms of property as well, copyrighted work often holds some kind of value, and can thus be transferred from one owner to another.
This can happen by assignment, testamentary disposition or by operation of law.
Copyright can also be licensed to a licensee for royalties. For any transfer of copyright, it is advisable to have a copyright lawyer present to ensure that the rights of all parties involved are honoured.
It is important to note that transfers of copyright in the form of an assignment and an exclusive license (which precludes anyone else, including the author from using the creation) must be in writing and signed by the assignor to be valid.
An expert copyright lawyer from Smit & Van Wyk Incorporated will gladly assist you with any of these 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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- Share on Linkedin
- Tweet about it
- Buzz it up
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Copyright Law
November 23, 2009
Attorneys, Copyright ©
While copyright is legally accepted as coming into effect automatically upon the creation of the applicable work, the copyright law is rather extensive in order to govern what exactly is protected, who is considered the owner of the work and what is considered infringement.
Most importantly, for a piece of work to fall under protection of the copyright law in South Africa, it needs to meet certain requirements. In general, any original work made by a qualified person is eligible for copyright protection.
An original work means that the author must have created the work through the application of his or her own creativity and labour. A qualified person refers to any resident of South Africa or a Berne Convention country.
In addition, the author must have written down or recorded the creation in a material form for copyright to come into existence.
For any queries regarding copyright law, contact the leaders in intellectual property matters – Smit & Van Wyk Incorporated.
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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The Copyright Process
September 28, 2009
Attorneys, Copyright ©
The copyright process in South Africa is simple. First and foremost the creation of your mind has to be put into some sort of tangible form.
This could be in the form of a written or printed document or even saved as a file in a computer. In the case of an artistic idea it must have been transformed into a painting, a sculpture, a photograph and so on.
It is not possible to copyright anything that is still an abstract idea.
Once recorded in some form though, that ‘record’, whether it be an article, a novel, or a song, is copyrighted to its creator.
Where a third party has commissioned an article or painting, it is the property of the third party once it has been paid for.
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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