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Copyright Protection Period in South Africa
Copyright protection of 50 years is granted to works in South Africa, subject to specific conditions depending on the type of work.
Literary, artistic and musical works carry copyright protection for the lifetime of the author and an additional 50 years after the death of the author. The time period is calculated from the end of the year in which the author passed away or as alternative from the first publication date or first public performance, the first time the work was offered for sale or broadcasted. The earliest date in the above scenarios takes preference. When it comes to published editions, the period of 50 years is calculated from the end of the year in which the edition was originally published.
When it comes to photographs and pictures, copyright exists for 50 years calculated from the end of the year in which the work was first made available to public or from the end of the year in which it was first published. In this case it works on the longest time. As an alternative it is calculated from the end of the year in which the work was produced.
When it comes to sound recordings the period is 50 years calculated from the end of the year in which the recording was published for the first time. Program signals carry a 50 year protection calculated from the end of the year that the signals were emitted to a satellite. Regarding broadcasts, the period of 50 years is calculated from the end of the year in which the first broadcast was made. The person who has created the work is the owner of the copyright.
If a person is commissioned by an employer to do a piece of work, the right will belong to the employer. If you need help in determining ownership, rights, the period of rights or setting up of license agreements contact us at Smit & Van Wyk.
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