Page:Copyright Amendment Act 1984 from Government Gazette.djvu/2

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Government Gazette, 18 April 1984
No. 91853
 

Act No. 52, 1984
Copyright Amendment Act, 1984.

General explanatory note:

[                    ]  Words in bold type in square brackets indicate omissions from existing enactments.
                        Words underlined with solid line indicate insertions in existing enactments.



Act

To amend the Copyright Act, 1978, so as to make provision for copyright in published editions; to extend the term of copyright in certain unpublished works; to further define the nature of copyright in cinematograph films and sound recordings; to create certain presumptions in respect of the proof of infringements of copyright in cinematograph films; to create certain new offences; and to make provision for increased penalties; and to provide for incidental matters.



(Afrikaans text signed by the State President.)
(Assented to 30 March 1984.)



Be it enacted by the State President and the House of Assembly 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 and section 1 of Act 66 of 1983.

1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended―

(a)

by the addition in subsection (1) to the definition of “author” of the following paragraph:

(g)

a published edition, means the publisher of the edition;”;

(b)

by the substitution in subsection (1) for paragraph (a) of the definition of “infringing copy” of the following paragraph:

(a)

a literary, musical or artistic work or a published edition, means a reproduction thereof;”; and

(c)

by the insertion in subsection (1) after the definition of “prospective owner” of the following definition:

‘published edition’ means the first print by whatever process of a particular typographical arrangement of a literary or musical work;”.


Amendment of section 2 of Act 98 of 1978, as amended by section 2 of Act 56 of 1980.

2. Section 2 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraph:

(h)

published editions.”.


Amendment of section 3 of Act 98 of 1978.

3. Section 3 of the principal Act is hereby amended―

(a)

by the addition to paragraph (a) of subsection (2) of the following proviso:

Provided that if before the death of the author none of the following acts had been done in respect of such works or an adaptation thereof, namely―

(i)

the publication thereof;

(ii)

the performance thereof in public;

(iii)

the offer for sale to the public of records thereof;