Expertise
- Trade marks
- Patents
- Anti-counterfeiting
- Copyright
- Subsistence of copyright
- Works eligible for copyright
- Requirements for the subsistence of copyright
- Works made before the commencement of the Act
- Application of the Act to countries other than SA
- Author and ownership
- Originality and reduction to material form
- Duration of copyright
- Protection afforded by copyright
- Infringement of copyright
- Miscellaneous provision
- Registration of copyright in cinematograph films
- Commercial law
- Property law
- Registered designs
- Civil litigation
Related News
Related Acts & Regulations
Related Publications
People
- Marilyn Krige
- Trade Mark Attorney
- Pretoria
- +27 (0) 12 481 1724
- Dario Tanziani
- Patent Attorney
- Pretoria
- +27 (0) 12 481 1608
- Colin MacKenzie
- Patent Attorney
- Pretoria
- +27 (0) 12 481 1609
Miscellaneous provision
Assignment and licensing of copyright
Copyright constitutes intellectual property, and as such it can be commercialised, assigned (transferred) or licensed. No assignment and no exclusive licence will be effective unless it is in writing and signed by the assignor (section 22(3)). A non-exclusive licence may be written or oral, or may be inferred from the conduct of the parties. Sections 29 to 36 of the Copyright Act make provision for a Copyright Tribunal to determine disputes concerned with licence schemes and other matters pertaining to licences. Section 20 of the Copyright Act provides that notwithstanding the transfer of the copyright in a literary, musical or artistic work or in a cinematograph film or a computer program, the author shall have the right to claim authorship in the work and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author.
Moral rights
Section 20 of the Copyright Act provides that notwithstanding the transfer of the copyright in a literary, musical or artistic work or in a cinematograph film or a computer program, the author shall have the right to claim authorship in the work and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author.
Copyright tribunal
Sections 29 to 36 of the Copyright Act make provision for a Copyright Tribunal to determine disputes concerned with licence schemes and other matters pertaining to licences.
Berne convention countries
The member countries of the Berne Convention for the Protection of Literary and Artistic Works, to which copyright protection in terms of the Copyright Act has been extended, are set out below:
| Albania Algeria |
Gabon Gambia |
Nigeria Norway |