Page:Copyright Amendment Act 1984 from Government Gazette.djvu/3

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Government Gazette, 18 April 1984
No. 91855
 

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

(iv)

the broadcasting thereof;

the term of copyright shall continue to subsist for a period of fifty years from the end of the year in which the first of the said acts is done;”; and

(b)

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

(f)

published editions, fifty years from the end of the year in which the edition is first published.”.


Amendment of section 4 of Act 98 of 1978.

4. Section 4 of the principal Act is hereby amended―

(a)

by the deletion at the end of paragraph (c) of subsection (1) of the word “or”; and

(b)

by the addition to subsection (1) of the following paragraph:

(e)

being a published edition, is first published in the Republic,”.


Amendment of section 5 of Act 98 of 1978.

5. Section 5 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) Copyright conferred by this section on a cinematograph film, photograph, sound recording, broadcast, [or] programme-carrying signal or published edition shall be subject to the same term of copyright provided for in section 3 for a similar work.”


Amendment of section 8 of Act 98 of 1978, as amended by section 5 of Act 56 of 1980.

6. Section 8 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraph:

(g)

importing (other than importing for the private and domestic use of the importer), selling, letting, offering or exposing for sale or hire by way of trade, or distributing, directly or indirectly, a reproduction or an adaptation of the film.”.


Amendment of section 9 of Act 98 of 1978, as substituted by section 6 of Act 56 of 1980.

7. Section 9 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

(b)

importing (other than importing for the private and domestic use of the importer), selling, letting, offering or exposing for sale or hire by way of trade, or distributing, directly or indirectly, a reproduction of the sound recording.”.


Insertion of section 11A in Act 98 of 1978.

8. The following section is hereby inserted in the principal Act after section 11:

“Nature of copyright in published editions.

11A. Copyright in a published edition vests the exclusive right to make or to authorize the making of a reproduction of the edition in any manner.”.


Insertion of section 19A in Act 98 of 1978.

9. The following section is hereby inserted in the principal Act after section 19:

“General exceptions from protection of published editions.

19A. The provisions of sections 12 (1), (2), (4), (5), (8) and (12) shall mutatis mutandis apply with reference to published editions.”.


Amendment of section 26 of Act 98 of 1978, as amended by section 3 of Act 66 of 1983.

10. Section 26 of the principal Act is hereby amended by the addition of the following subsections:

(9) In any civil or criminal proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), it shall be presumed―

(a)

that every party to those proceedings had knowledge of the particulars entered in the register of copyright mentioned in section 15 of the said Act from the date of the