Copyright Law in South Africa are government by the Copyright Act of 1978 and its amendments. CIPC and DTI oversee copyright in the country. As a member of the Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in other member states of the above.

One doesn’t have to register copyright on a work for it to be protected. It is automatically assigned the moment an original creative work takes a tangible form. Copyright apply to works that have some form of creativity embedded. As such a mere list of facts or data cannot be copyright protected. A grocery list for instance, is not a creative act and thus cannot be protected.

Copyright Law apply to computer programs, literary works, broadcasts, cinematographic films, artistic expressions such as music, photography, painting, drawing, and sculpting related works, and architectural works, as well as published editions and sound recordings. With cinematograph films registration is required as such are complex works embedding several other creative works.

Usage Rights: Infringement of copyright can take place when a party copies, uses, sells, rents out, imports or disposes, stores and makes available copyright protected works in a manner not authorised by the copyright holder. One can get usage and selling rights on a work through a license agreement. It is important to note that such rights can range from master reseller to mere usage rights. Royalties are paid to the copyright holder for such usage.

Copyright normally have lifespans of 50 years from a specific date and differ according to the work in question. In terms of for instance, a literary work, the duration is 50 years after the death of the original author. One must also note that although a person can be the creator of the work, copyright can be assigned to another.

Information regarding Trade Marks:

Trade Mark a color in South Africa – The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Trade Mark Search – It is always advisable that the trade mark be searched before the application is made. In order to be considered register-able, your trade mark must be capable of distinguishing your goods or services from those of your competitors…

Trade Mark Requirements – It serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended…

Trade Mark Application Requirements – We would require you to provide us with a copy of your intended trademark – be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend…

Trade Mark Exclusions – Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic…

Trade Mark Costs – Contact us to request prices for trade mark searches, applications, renewals and trade mark assignments….

International Trade Mark Protection – Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa – A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trade  Marks are register-able in terms of the South African Trade Marks…