Works made before the commencement of the Act

In terms of section 43 of the Copyright Act, the Act shall, subject to certain provisos, apply in relation to works made before the commencement of the Act as it applies in relation to works made thereafter. One proviso is that the ownership, duration and subsistence of copyright conferred in terms of the 1965 Act are not affected.

In view of the different Acts on copyright which were in force at various times before the present Act, the date on which a work is made could be of critical importance as to whether or not copyright exists in the work, and to determine who will hold the copyright. This is especially so in regard to artistic works, computer programs, published editions, etc. For further information, please contact us