Copyright in the entertainment world – FAQ’s

Question

I have registered a book. How do I register the copyright?

Answer

Only copyright in cinematograph films can be registered in South Africa and it is not compulsory. Copyright automatically subsists if certain conditions are met. The general requirements are that the work, in this instance the book, must be original and must exist in a material form. There are also specific requirements relating to the author (creator). The author has to be a “qualified person” in terms of the Copyright Act. This means the author must be a South African citizen or a citizen of one of the countries which also signed an international convention (the Berne Convention). Most countries are members. Contact us for further information.

Question

Does copyright exists in ideas?

Answer

No, any idea that you may have must first be reduced to a material form, such as written down or recorded in another form, such as on a cd.

Question:

Can you claim copyright in every type of creative work?

Answer

No, the Copyright Act prescribes which categories of creations (or works), can enjoy copyright protection. The list includes literary or musical works, artistic works, cinematograph films, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. Each of these works has detailed definitions in the Copyright Act.

Question

I am a professional photographer. Do I automatically own the copyright in the photographs that I take for clients?

Answer

Generally, the author (in this case the photographer) will be the first owner of the copyright, but there are a few exceptions. Where a photographer is commissioned to take a photograph by a client and, is paid in money, the person who commissioned the photograph becomes the owner. This exception can be overruled, if the parties came to a different agreement. It would therefore be prudent for the photographer to discuss the ownership with his clients, before he accepts a commission. This exception does not apply to all the works that may qualify for copyright protection.

Question:

I am a full-time artist and have sold a few of my paintings. Do the purchasers become the owners of the copyright in my paintings?

Answer

No, you retain the copyright, unless otherwise agreed. This means that the purchasers of your paintings cannot reproduce them, for example, on Christmas cards, without your permission.

Question

How long does copyright last?

Answer

It differs from work to work, but the general rule is for a period of 50 years after the death of the author or creator. There are exceptions, but it is best to check with us if you need information regarding a particular type of work.

Question

My friend and I wrote a song together. How long will the copyright last?

Answer

Where there is joint ownership, the death of the author who died last, will be relevant. The copyright will last for 50 years after the last of the two authors died.

Question

How can I warn members of the public that I own the copyright in a particular work?

Answer

You can use the international symbol for copyright © and indicate the owner of the copyright and the year when the particular work was first made available to the public, for example “©2011 John Smith”.