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BrandGear Copyright

All design, or any part or material on this website is, unless otherwise stated, the property of BrandGear Marketing CC (2007/192353/23).

Copyright and other intellectual property laws protect these materials.

Preproduction or retransmission of the designs or materials, in whole or in part, in any manner, without prior written consent of the

copyright holder (BrandGear Marketing CC), is a violation of copyright law.

 

Copyright Act, 1978 (Act No. 98 of 1978)

Chapter 1 : Copyright in Original Works

6. Nature of copyright in literary or musical works

1. Copyright in a literary or musical work vests the exclusive right to do or to authorise the doing of any of the following acts in the Republic:

a. Reproducing the work in any manner or form;

b. publishing the work if it was hitherto unpublished;

c. performing the work in public;

d. broadcasting the work;

e. causing the work to be transmitted in a diffusion service, unless such service transmits a lawful broadcast, including the work, and is operated by the original broadcaster;

f. making an adaptation of the work;

g. doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in paragraphs (a) to (e) inclusive.

7. Nature of copyright in artistic works

1. Copyright in an artistic work vests the exclusive right to do or to authorise the doing of any of the following acts in the Republic:

a. Reproducing the work in any manner or form;

b. publishing the work if it was hitherto unpublished;

c. including the work in a cinematograph film or a television broadcast;

d. causing a television or other programme, which includes the work, to be transmitted in a diffusion service, unless such service transmits a lawful television broadcast, including the work, and is operated by the original broadcaster;

e. making an adaptation of the work;

f. doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in paragraphs (a) to (d) inclusive.

 

Ownership of copyright

a. Subject to the provisions of this section, the ownership of any copyright conferred by section 3 or 4 on any work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.

b. Where a literary or artistic work is made by an author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under
a contract of service or apprenticeship, and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall
be the owner of the copyright in the work in so far as the copyright relates to publication of the work in any newspaper, magazine or similar periodical or to reproduction
of the work for the purpose of its being so published, but in all other respects the author shall be the owner of any copyright subsisting in the work by virtue of section 3 or 4.

c. Where a person commissions the taking of a photograph, the painting or drawing of a portrait, the making of a gravure, the making of a cinematograph film or the making of a sound
recording and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, such person shall, subject to the provisions of paragraph (b), be the owner of any copyright subsisting therein by virtue of section 3 or 4.

d. Where in a case not falling within either paragraph (b) or (c) a work is made in the course of the author's employment by another person under a contract of service or apprenticeship,
that other person shall be the owner of any copyright subsisting in the work by virtue of section 3 or 4.

e. Paragraphs (b), (c) and (d) shall in any particular case have effect subject to any agreement excluding the operation thereof and subject to the provisions of section 20.

2. Ownership of any copyright conferred by section 5 shall initially vest in the state or the international organisation concerned, and not in the author.

 

Infringement

1. Copyright shall be infringed by any person, not being the owner of the copyright, who, without the licence of such owner, does or causes any other person to do, in the Republic, any act which the owner has the exclusive rights to do or to authorise.

2. Without derogating from the generality of subsection (1), copyright shall be infringed by any person who, without the licence of the owner of the copyright and at a time when copyright
subsists in a work—

a. imports an article into the Republic for a purpose other than for his private and domestic use;

b. sells, lets, or by way of trade offers or exposes for sale or hire in the Republic any article;

c. distributes in the Republic any article for the purposes of trade, or for any other purpose, to such an extent that the owner of the copyright in question is prejudicially affected; or

d. acquires an article relating to a computer program in the Republic, if to his knowledge the making of that article constituted an infringement of that copyright or would have constituted
such an infringement if the article had been made in the Republic.

3. The copyright in a literary or musical work shall be infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work: Provided that this subsection shall not apply in a case where the person permitting the place of public entertainment to be so used was not aware and had no reasonable grounds for suspecting that the performance would be an infringement of the copyright.

 

Action by owner of copyright for infringement

1. Subject to the provisions of this Act, infringements of copyright shall be actionable at the suit of the owner of the copyright, and in any action for such an infringement all such relief by way of damages, interdict, delivery of infringing copies or plates used or intended to be used for infringing copies or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringements of other proprietary rights.

1A. In lieu of damages the plaintiff may, at his or her option, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee in respect of the work or type of work concerned.

1B. For the purposes of determining the amount of damages or a reasonable royalty to be awarded under this section or section 25 (2), the court may direct an enquiry to be held and may prescribe such procedures for conducting such enquiry as the court considers necessary.

1C. Before the owner of copyright institutes proceedings under this section, he or she shall give notice in writing to the exclusive licensee or sub-licensee of the copyright concerned of the intention to do so, and the exclusive licensee or sub-licensee may intervene in such proceedings and recover any damages he or she may have suffered as a result of the infringement
concerned or a reasonable royalty to which he or she may be entitled.

2. Where in an action for infringement of copyright it is proved or admitted that an infringement was committed but that at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the
defendant in respect of the infringement.

3. Where in an action under this section an infringement of copyright is proved or admitted, and the court having regard, in addition to all other material considerations, to—

a. the flagrancy of the infringement; and

b. any benefit shown to have accrued to the defendant by reason of the infringement, is satisfied that effective relief would not otherwise be available to the plaintiff, the court shall in assessing damages for the infringement have power to award such additional damages as the court may deem fit.

4. In an action for infringement of copyright in respect of the construction of a building, no interdict or other order shall be made —

a. after the construction of the building has been begun so as to prevent it from being completed; or

b. so as to require the building, in so far as it has been constructed, to be demolished.

Penalties and proceedings in respect of dealings which infringe copyright

1. Any person who at a time when copyright subsists in a work, without the authority of the owner of the copyright—

a. makes for sale or hire;

b. sells or lets for hire or by way of trade offers or exposes for sale or hire;

c. by way of trade exhibits in public;

d. imports into the Republic otherwise than for his private or domestic use;

e. distributes for purposes of trade; or

f. distributes for any other purposes to such an extent that the owner of the copyright is prejudicially affected, articles which he knows to be infringing copies of the work,
shall be guilty of an offence.

2. Any person who at a time when copyright subsists in a work makes or has in his possession a plate knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence.

3. Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and that performance constitutes an infringement of the copyright, shall be guilty of an offence.

4. Any person who causes a broadcast to be rebroadcast or transmitted in a diffusion service knowing that copyright subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement of the copyright, shall be guilty of an offence.

5. Any person who causes programme-carrying signals to be distributed by a distributor for whom they were not intended knowing that copyright subsists in the signals and that such distribution constitutes an infringement of the copyright, shall be guilty of an offence.

6. A person convicted of an offence under this section shall be liable—

a. in the case of a first conviction, to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment, for each article to which the offence relates;

b. in any other case, to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment, for each article to which the offence relates.

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BrandGear Marketing CC

Unit 19B Prestige Business Park
Democracy Way
Marconi Beam, Milnerton

Tel:     0861 456 000
Fax:    086 654 8827

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