Copyright for original work are automatically obtained once the ideas or thoughts are put into words, art form, broadcasted, graphically designed, and photographed or filmed.
Copyright are not always automatically attained, but any South African citizen or resident can obtain the protection provided by the Copyright Act for his or her work of art.
The originator or author obtains the right to his or her work of literary or art value. The person may assign the copyrights to another party in return for royalties.
Does this only apply to South African residents or citizens?
Yes, unless the publication was first and foremost published in South Africa and nowhere else in the world, the same will automatically apply.
In what respect are copyrights different from patents, designs, and trademarks?
The rights are automatically assigned whereas the above require application and subsequent registration before exclusivity will be obtained.
How long does the author or originator have exclusivity or the right to royalties?
The copyright-protection applies until 50 years after the death of the originator.
Does the protection granted only apply to South Africa?
No the protection granted in South Africa extends to countries which form part of the Berne Convention.
Does the protection also extend to the USA?
Although the USA is not part of the Berne Convention, an agreement between the two countries exists whereby USA citizens and SA citizens have the benefit of the protection whether they are in the USA or South Africa.
Browse through our site to learn more about copyrights and the infringement thereof or contact us for assistance.
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