Application of the Act to countries other than SA

Section 37 of the Act empowers the Minister to provide that the Act shall apply to other countries in certain circumstances as it does to the Republic of South Africa. In terms of Notice 136 of 1989, published in Government Gazette No. 11718 of 3 March 1989, it is provided that the Act shall apply to the Berne Convention countries listed in the Notice. The Notice specifically provides that the provisions of the Act insofar as they relate to ‘qualified’ persons for purposes of the conferral of copyright on the basis of authorship, and to the first publication of works for purposes of the conferral of copyright, shall extend to other member countries of the Berne Convention.

From time to time, by way of notices in the Government Gazette, certain further countries, including the United States of America, were added to the list of countries to which the Copyright Act applies. For the complete current list of Berne Convention Countries, please click here.