Amendment of the Copyright Regulations, 1978

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Amendment of the regulations published under the Copyright Act, 1978 (Act 98 of 1978)

I, Kent Diederich Skelton Durr, Deputy Minister of Trade and Industry, acting on behalf and by direction of the Minister of Trade and Industry, under the powers vested in him by section 39 of the Copyright Act, 1978 (Act 98 of 1978), hereby amend the regulations published under Government Notice R. 2530 of 22 December 1978 by—

1. inserting the following new regulation after regulation 1 (iii) in the English text:

“(1) (iii.A)—‘local authority’ means—

(a) any institution, council or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act 32 of 1961), and includes

(b) any statutory body designated as a local authority in terms of paragraph (c) of the definition of ‘local authority’ in section 1 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977).”;

2. the substitution for the word “assay” of the word “essay” in regulation 1 (vi) (a) of the Afrikaans text;

3. the substitution for paragraph (a) of regulation 2 in the English text of the following paragraph:

“(a) except where otherwise provided, if not more than one copy of a reasonable portion of the work is made, having regard to the totality and meaning of the work.”;

4. inserting the following new regulation 9A after regulation 9:

Reproductions of building plans by a local authority

9A. Notwithstanding the provisions of regulation 2 the copyright in a building plan in respect of which the original or a reproduction is lodged for purposes of record at an office of a local authority shall not be infringed by the making of a reproduction of such plan by the person in charge of such office or by any other person acting by or with the authority of such person, if the owner of land upon which a building has been erected in accordance with that plan requires copies of the plan or any portion thereof for the purpose of making additions or alterations to such building.”.

This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.

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."