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Overview of Copyright Laws of South Africa
The copyright laws of South Africa govern intellectual property regarding literary, artistic, musical, and software related programs. The copyright laws in particular, also regulate the time period of protection, which in South Africa is 50 years calculated in a specific way for every type of work.
Whereas other forms of intellectual property only gain protection once registered through a formal process, works falling within the scope of copyright laws, do not require registration to be protected. The author of an original piece of art, musical, drama, computer programming or literary work can become the copyright owner automatically. Once the work is put forward in a tangible form, it automatically becomes copyright protected.
In South Africa, the Copyright Act No 98 of 1978 governs copyright protection for works such as sound records, programme carrying signals, literary, musical, and artistic works, broadcasts, computer programs, and cinematograph films as well as published editions. Literary works cover a wide range of works including poems, reports, novels, essays, articles, non-fiction books, speeches, sermons, tables of compilations, memoranda, and lectures. Artistic works also cover a wide range of works such as paintings, drawings, photographs, work of architecture, models of buildings, engravings, sculptures and works of craftsmanship.
The author must be a qualified person. This means that the author must be a citizen of South Africa or one of the Berne Union member countries or must be someone resident in one of the Berne Union member countries. The work must be made available first in one of the Berne Union member countries such as South Africa.
The author for every type of work is described in the copyright laws of South Africa. For a photograph for instance, it will be the person who is responsible for the composition of the photo. If you need help in determining the author and copyright ownership, require assistance with licensing or assignment of rights contact us at Smit & Van Wyk today.
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