A lawyer will tell you that South African copy right, as in many other countries, differs from other forms of intellectual property in that it does not need to be registered. Unlike patents, trademarks or designs, the rights associated with copy right rest in the author of a work once the work is created in a material form.
Generally speaking, any original work made by a qualified person is eligible for South African copy right protection. Many lawyers have passed examinations in Intellectual Property Law and have qualified for membership of the South African Institute of Intellectual Property Law – this includes extensive study of copy right law.
Such South African lawyers are known as Intellectual Property Attorneys, Intellectual Property including Patents, Trademarks, Designs and copy right.
Lawyers quote the South African Copy right Act (No. 98 of 1978), which states that the following works, if original, are eligible for copy right protection:
- Literary works (novels, poems, textbooks, letters, reports, lectures, speeches)
- Musical works
- Artistic works (paintings, sculptures, drawings, photographs)
- Cinematograph films
- Sound recordings
- Broadcasts (electromagnetic transmissions intended for reception by the public)
- Programme-carrying signals (a programme signal which passes through a satellite)
- Published editions of books (usually the first print of a literary or musical work)
- Computer programs (instructions directing the operation of a computer)
The authorship of copyrighted works is frequently disputed. The South African Copy right Act provides very clear guidelines to lawyers as to who shall be considered authors of any particular types of copyrighted works.
The following is a summary of these guidelines:
- Literary, musical or artistic works - the person who first makes or creates the work
- Photographs - the person responsible for the composition of the photograph
- Sound recordings - the person who made arrangements for the making of the recording
- Films - the person who made arrangements for the making of the film
- Broadcasts - the first broadcaster
- Published editions - the publisher of the edition
- 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
Exceptions to authorship of Copyrighted works in terms of the South African Copy right Act – these are frequently referred to by lawyers:
The author is usually regarded as the first owner of the work. However, there are exceptions to this. These include:
- Literary or artistic works made by an author when employed by a newspaper, magazine or the like. In this case, authorship vests in the publisher. However, authorship vests in the author for the unused sections.
- If someone commissions and pays for the taking of a photograph, painting or drawing of a portrait
- If someone commissions and pays for the making of a film or sound recording
- If the work was created in the course of an author's employment, the authorship vests in the employer
If you have any queries regarding copy right, you should contact a South African Intellectual Property lawyer.
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