32.Section 42 of the principal Act is hereby repealed.
Amendment of section 43 of Act 98 of 1978, as amended by section 14 of Act 52 of 1984
33.Section 43 of the principal Act is hereby amended―
(a)
by the substitution for paragraph (a) of the following paragraph:
“(a)
[subject to the provisions of paragraphs (c) and (d)] nothing in this Act contained shall―
(i)
subject to paragraph (d), affect the ownership, duration or [validity]existence of any copyright which subsists under the Copyright Act, 1965 (Act No. 63 of 1965); or
(ii)
subject to paragraph (c), be construed as creating [any] copyright [which]in any type of work in which copyright[did]could not subsist prior to 11 September 1965;”; and
(b)
by the substitution for paragraph (c) of the following paragraph:
“(c)
the copyright in a cinematograph [films]film made before the commencement of this Act shall be governed by the relevant provisions of this Act, subject to the qualification, in the case of a cinematograph [films]film treated as an original dramatic [works]work under section 35 of the Third Schedule to the Designs Act, 1916 (Act No. 9 of 1916)―
(i)
that the [author]owner of the copyright shall, if so required, remunerate the person who is the owner of a copyright in that [film]original dramatical work for the purposes of that Act, which remuneration shall be determined by arbitration if agreement thereon cannot be reached; and
(ii)
[the author shall indemnify the user against any further claims relating to the copyright in the film]that the owner of the copyright in the cinematograph film or any person deriving rights in respect of the cinematograph film from such owner shall in exercising such rights in the cinematograph film be deemed not to infringe any rights in such original dramatical work under the said Act; and
(iii)
that an act performed by virtue of a licence granted by the owner of the copyright in the original dramatical work under that Act and in existence before or at the time of coming into force of this subsection, shall be deemed to be performed or have been performed on the authority of the owner of the copyright in the cinematograph film.”.
Substitution of section 44 of Act 98 of 1978
34. The following section is hereby substituted for section 44 of the principal Act:
“Time when work is made
44.(1) For the purposes of this Act a work, except a broadcast or programme-carrying signal, shall be deemed to have been made at the time when it was first reduced to writing, recorded or [to some other]otherwise reduced to material form.
(2) A broadcast shall be deemed to have been made at the time when it was first broadcast.
(3) A programme-carrying signal shall be deemed to have been made at the time when it was first transmitted by a satellite.”.
