Copyright in South Africa
Copyright comes into existence the moment that a copyrightable work is created in material form. In terms of the Berne Convention the protection afforded in one Berne Convention country is extended to owners in other countries as well. The definition of protected works in terms of the Berne Convention includes literary and artistic works. In terms of the South African Copyright Act no. 98 of 1978 the copyrightable works are defined as literary works, musical works, artistic works, cinematograph works, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. Although an owner does not have to take any steps to protect his/her copyright, we are in a position to advise clients in respect of proactive steps to ensure that the copyright subsists in the appropriate entity and we can assist with the transfer of ownership in copyright, commercial arrangements related to the exploitation and enforcement thereof.
How to register a Copyright
Copyright is automatically granted upon creation of a qualifying work. However, to formally record your ownership, you can deposit a copy of your work with the Companies and Intellectual Property Commission (CIPC) or with a recognized copyright depository. While optional, registration provides documentation that can help in legal disputes.
Copyright protection duration
In South Africa, the duration depends on the type of work. For literary, musical, and artistic works, protection generally lasts for the author’s lifetime plus 50 years after their death. For cinematograph films, sound recordings, and broadcasts, protection is usually 50 years from the date of creation or first publication.
Costs of registering a copyright
There is no mandatory registration fee since copyright arises automatically. Depositing a work with a recognized copyright depository or CIPC may involve administrative fees, which are usually modest. Legal assistance, if sought, would be an additional cost.
Copyright rights
Copyright gives the owner exclusive rights to reproduce, publish, perform, adapt, or distribute the work. The owner can also license others to use the work and take legal action against anyone who copies or exploits it without permission. Registration strengthens your evidence of ownership if disputes arise.
A number of African countries are also signatories to the Berne Convention, but the manner in which the principles of the Berne Convention was taken up in their local legislation might differ slightly between the various jurisdictions. We can again assist clients in copyright matters through our trusted network of local African agents.
Smit & Van Wyk is a leading provider of comprehensive Intellectual Property legal services in all African countries where protection is available. We understand that navigating the complexities of Intellectual Property laws in Africa can be a challenging and time-consuming process. That’s why we provide our clients with the support and guidance they need to protect their valuable IP assets in Africa.
We can provide our clients with information on the filing requirements in each of the African countries, and we can also offer information on the various regional IP organisations such as ARIPO, OAPI, and the Madrid protocol. Our attorneys work closely with a network of trusted and knowledgeable agents to develop the best possible solution for each of our clients’ needs for trade marks, designs, and patents in Africa.