Copyright Amendment Act, 2002
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| Copyright Amendment Act, 2002 |
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The Copyright Amendment Act, 2002 (Act No. 9 of 2002) is a South African Act of Parliament that amends the Copyright Act, 1978. It came into operation on 25 June 2002. Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments. |
(English text signed by the President.)
(Assented to 18 June 2002.)
Be it enacted by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 1992 and section 50 of Act 38 of 1997
| (a) | by the insertion in subsection (1) after the definition of “cinematograph film” of the following definition:
“‘collecting society’ means a collecting society established under this Act;”; and
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| (b) | by the substitution in subsection (1) for the definition of “Minister” of the following definition:
“‘Minister’ means the Minister of [Economic Affairs] Trade and [Technology] Industry;”.
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Substitution of section 9 of Act 98 of 1978, as substituted by section 6 of Act 56 of 1980 and amended by section 7 of Act 52 of 1984 and section 2 of Act 61 of 1989
| (a) | Making, directly or indirectly, a record embodying the sound recording; |
| (b) | letting, or offering or exposing for hire by way of trade, directly or indirectly, a reproduction of the sound recording;[ 4 ] |
| (c) | broadcasting the sound recording; |
| (d) | causing the sound recording to be transmitted in a diffusion service, unless that service transmits a lawful broadcast, including the sound recording, and is operated by the original broadcaster; |
| (e) | communicating the sound recording to the public.”. |
Insertion of section 9A in Act 98 of 1978
(b) The amount of any royalty contemplated in paragraph (a) shall be determined by an agreement between the user of the sound recording, the performer and the owner of the copyright, or between their representative collecting societies.
(c) In the absence of an agreement contemplated in paragraph (b), the user, performer or owner may refer the matter to the Copyright Tribunal referred to in section 29 (1) or they may agree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965).
(2) (a) The owner of the copyright who receives payment of a royalty in terms of this section shall share such royalty with any performer whose performance is featured on the sound recording in question and who would have been entitled to receive a royalty in that regard as contemplated in section 5 of the Performers' Protection Act, 1967 (Act No. 11 of 1967).
(b) The performer's share of the royalty shall be determined by an agreement between the performer and the owner of copyright, or between their respective collecting societies.
(c) In the absence of an agreement contemplated in paragraph (b), the performer or owner may refer the matter to the Copyright Tribunal referred to in section 29 (1), or they may agree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965).
(d) Any payment made by the user of the sound recording in terms of this subsection shall be deemed to have discharged any obligation which that user might have to make any payment in respect of his or her use of a corresponding fixation in terms of section 5 of the Performers' Protection Act, 1967 (Act No. 11 of 1967).
(3) In the event of any right to a royalty being assigned to any successor in title, either by contractual arrangement, operation of law, testamentary disposition or otherwise, any successor in title shall be entitled to enforce such right to a royalty against the person who in terms of this section is obliged to pay or against his or her successor in title.”.
Amendment of section 39 of Act 98 of 1978
| “(cA) | in consultation with the Minister of Finance, providing for the establishment, composition, funding and functions of collecting societies contemplated in section 9A, and any other matter that it may be necessary or expedient to regulate for the proper functioning of such societies;”. |
Short title
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This work was created and first published in South Africa and is in the public domain because it is an official text of a legislative, administrative or legal nature, or an official translation of such a text, or a speech of a political nature, or a speech delivered in the course of legal proceedings.
According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts, or in speeches of a political nature or in speeches delivered in the course of legal proceedings." As an edict of a government, it is also in the public domain in the United States. |
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