copyright Media law

What is copyright? Copyright is the exclusive right to do or authorise the doing of those acts which comprise copyright in various categories of works. Copyright vests in a holder in relation to original work and enables him to prevent unsolicited copying of work and the exclusive right to do and to authorise reproduction of the work Media Law Study Guide, Damelin, 2015

The CIPC defines copyright as A copyright is an exclusive right granted by law for a limited period to an author, designer, etc. for his/her original work. http://www.cipc.co.za/index.php/trade-marks-patents-designs-copyright/copyright/

Copyright act Copyright law in south Africa is governed by the Copyright Act 98 of 1978

What works are protected? (Sec 2) Literary works e.g. books and written composition novels. Musical works e.g. songs. Artistic works e.g. paintings and drawings. Cinematograph films e.g. movies, DVD’s Sound recordings. e.g. CD’s, mp3’s Broadcasts e.g. broadcasting of films or music. Programme-carrying signals e.g. programme-carrying signal that has been transmitted by satellite. Published editions e.g. first print by whatever process. Computer programs.

Requirements for copyright Reduced to physical or material form Originality Some evidence of skill or labour Propriety Author must be a qualified person

Who is a qualified person?

Duration of copyright The duration of copyright is relatively long and the term is different for different categories of works. For example: for literary, musical or artistic works other than photographs, the term is the life of the author plus 50 years from the end of the year in which the author dies; for cinematograph films, photographs and computer programs, the term is 50 years from the end of the year in which the work is made available to the public or is made (where no publication takes place); in the case of sound recordings and published editions, the term is 50 years from the end of the year in which the recording or edition is first published

Who owns the copyright in a work? Generally, ownership will vest in the author (Sec 21(1)(a), but If literary or artistic work made by an author employed by newspaper or magazine – copyright vests in owner of paper/magazine If work especially commissioned in return for payment – ownership vests in person commissioning If work authored in course and scope of employment – ownership vests in employer

When is copyright infringed? Copyright in a work is infringed by any person who, without the authorisation of the owner, does any of the acts reserved for the owner, eg makes a reproduction of the work. Copyright infringed by any person who, without the authority of the copyright owner, imports, sells, lets, by way of trade offers or exposes for sale or hire, or distributes for purposes of trade, an article in the Republic if he/she knew that the making of the article constituted an infringement of copyright or would have constituted an infringement if made in SA; or Copyright infringed by any person who permits a place of entertainment to be used for a public performance of a literary or musical work, where the performance constitutes an infringement of copyright, unless the person was not aware and had no reasonable grounds to suspect that the performance was an infringement section.

exceptions Copyright of a literary or musical work will not be infringed if the work is used: for the purposes of research or private study personal or private use of the person using the work Copyright will also not be infringed if the literary or musical work is used: for the purposes of criticism or review of that work or of another work; or for the purpose of reporting current events in a newspaper/magazine/film – source must be acknowledged The copyright in a literary or musical work which is lawfully available to the public will not be infringed by any quotation of the work, including any quotation from articles in newspapers or periodicals that are in the form of summaries of the work, provided that the quotation is compatible with fair practice, that the extent thereof does not exceed the extent justified by the purpose and that the source is mentioned, as well as the name of the author if it appears on the work.