Intellectual Property

South Africa

How to Register Copyright

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It is not possible to register copyright in South Africa. Copyright is different from other forms of Intellectual Property because copyright does NOT have to be registered in South Africa. Once the work is created in material form it is instantly protected by copyright law and may use the copyright © symbol. In order to prove copyright infringement, the copyright holder must prove date and time of creation. This can be done by using a digital signature or fingerprint that contains an accurate timestamp.

Copyright Protection Term

Literary, Musical or Artistic Works – copyright exists for the life of the author plus 50 years following death, calculated from the end of the year the author died in or 50 years from the date of first publication, performance in public, offering for sale of records thereof or the broadcasting thereof , whichever is later.

Films and Photographs – 50 years from the end of the year in which the work is made publicly available, or the end of the year in which the work is first published, whichever is longer, or fifty years from the end of the year in which the work is made

Sound Recordings – 50 years from the end of the year in which the recording is first published

Broadcasts – 50 years from the end of the year in which the broadcast first takes place

Programme-carrying Signals – 50 years from the end of the year in which the signals are emitted to a satellite

Published Editions – 50 years from the end of the year in which the edition is published

What constitutes copyright infringement? 

Making photocopies for private use is NOT an infringement of copyright. Copying a public speech or a lecture does NOT constitute infringement. No infringement results if work is acknowledged when one is copying or citing from another author’s work.

Copyright in the U.S

Copyright registrations in the U.S can be filed through the United Stated Copyright Office by a copyright attorney. The cost estimate of a copyright registration in the US ranges from US$ 50.00 to US$ 200.00 which does NOT include any legal fees or VAT. Feel free to contact us should you have any questions or require assistance with copyright licensing and infringement matters. (2015 estimates)

Copyright & Licensing Agreements

Owners of copyright have the right to compensation or royalties when their works are sold, copied or used. Copyright owners can license or permanently transfer or assign their exclusive rights to others. It is important to note that an assignment and an exclusive license (which precludes anyone else, including the author from using the creation) must be in writing and signed by the assignor to be valid. A non-exclusive license may be written or oral, or inferred from the conduct of the parties.

What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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