Page:Copyright Act 1978 from Government Gazette.djvu/2

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Government Gazette, 30 June 1978
No. 60923

Copyright Act, 1978.
Act No. 98, 1978

Act

To regulate copyright and to provide for matters incidental thereto.



(Afrikaans text signed by the State President.)
(Assented to 20 June 1978.)


Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―


Arrangement of Sections

Sections
Definitions 1
Chapter 1 Copyright in original works 2 22
Chapter 2 Infringements of copyright and remedies 23 28
Chapter 3 Copyright Tribunal 29 36
Chapter 4 Extension or restriction of operation of Act 37 38
Chapter 5 Miscellaneous provisions 39 47


Definitions.

1. (1) In this Act, unless the content otherwise indicates―

(i)

“adaptation”, in relation to―

(a)

a literary work, includes―

(i)

in the case of a non-dramatic work, a version of the work in which it is converted into a dramatic work;

(ii)

in the case of a dramatic work, a version of the work in which it is converted into a non-dramatic work;

(iii)

a translation of the work; or

(iv)

a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;

(b)

a musical work, includes any arrangement or transcription of the work, if such arrangement or transcription has an original creative character;

(c)

an artistic work, includes a transformation of the work in such a manner that the original or substantial features thereof remain recognizable; (i)

(ii)

“arbitration” means arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965); (iii)

(iii)

“artistic work” means, irrespective of the artistic quality thereof―

(a)

paintings, sculptures, drawings, engravings and photographs;

(b)

works of architecture, being either buildings or models of buildings; or