Page 23 - Nexia SAB&T Business in South Africa Guide 2024

INTELLECTUAL PROPERTY: COPYRIGHT

Definition
A copyright is an exclusive right granted by law for a limited period to an author,
designer, etc. for original work that is reduced to material form.
Registration
Generally a person who has written, printed, published, performed, sculpted,
painted, filmed or recorded a work, is automatically the owner of the copyright
to that work. Copyright is created by putting the words “copyright” or “copyright
reserved” or “copyright ABC 2013” (i.e. copyright, followed by name and the
year), or the copyright symbol, name and year e.g. © ABC 2013. You can obtain
copyright protection in SA, if you are a South African or if your work was produced
in SA. If you are not South African, you can obtain copyright protection provided
the country you are a national of is part of the Berne Convention. Copyright for
films / videos made for commercial use needs to be applied for formally, by way of
the following documentation, obtainable free of charge, from the Copyright Office.
Length of Protection
The lifespan of copyright depends on the type of work protected.
The copyright of literacy works lasts for fifty years after death of the author. The
copyright of computer programs lasts for fifty years after the first copies were made
available to the public. For sound recordings, the copyright lasts for fifty years from
the day the work was first broadcast and for films, it lasts for fifty years from the
date the film was shown.
Rights of Holder
Copyright affords the author the exclusive right to use, sell or license the copyright
work, and to stop others from copying or using his work without his permission. The
author can also conclude license agreements with the users for his copyright works
and enjoy royalties payment from the licensees.
Enforcement and Remedies
Copyright Act, 98 of 1978
It is the responsibility of the author to prove ownership and also to sue in case of
infringement.

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