as amended by
Copyright Amendment Act, No. 56 of 1980
Copyright Amendment Act, No. 66 of 1983
Copyright Amendment Act, No. 52 of 1984
Copyright Amendment Act, No. 39 of 1986
Copyright Amendment Act, No. 13 of 1988
Copyright Amendment Act, No. 61 of 1989
Copyright Amendment Act, No. 125 of 1992
by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―
1. (1) In this Act, unless the content otherwise indicates―
“adaptation”, in relation to―
a literary work, includes―
in the case of a non-dramatic work, a version of the work in which it is converted into a dramatic work;
in the case of a dramatic work, a version of the work in which it is converted into a non-dramatic work;
a translation of the work; or
a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;
a musical work, includes any arrangement or transcription of the work, if such arrangement or transcription has an original creative character;
an artistic work, includes a transformation of the work in such a manner that the original or substantial features thereof remain recognizable;
a computer program includes―
a version of the program in a programming language, code or notation different from that of the program; or
a fixation of the program in or on a medium different from the medium of fixation of the program;
“arbitration” means arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965);
“artistic work” means, irrespective of the artistic quality thereof―
paintings, sculptures, drawings, engravings and photographs;
works of architecture, being either buildings or models of buildings; or
works of craftmanship not falling within either paragraph (a) or (b);
“author”, in relation to―
a literary, musical or artistic work, means the person who first makes or creates the work; a photograph, means the person who is responsible for the composition of the photograph; a sound recording, means the person by whom the arrangements for the making of the sound recording were made;
a cinematograph film, means the person by whom the arrangements for the making of the film were made; a broadcast, means the first broadcaster;
a programme-carrying signal, means the first person emitting the signal to a satellite;
a published edition, means the publisher of the edition;
a literary, dramatic, musical or artistic work or computer program which is computer-generated, means the person by whom the arrangements necessary for the creation of the work were undertaken;
a computer program, the person who exercised control over the making of the computer program;
“broadcast”, when used as a noun, means a broadcasting service as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976), and includes the emitting of programme-carrying signals to a satellite; and, when used as a verb, shall be construed accordingly;
“broadcaster” means a person who undertakes a broadcasting service as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976);
“building” includes any structure;
“cinematograph film” means the fixation by any means whatsoever on film or any other material of a sequence of images capable, when used in conjuction with any mechanical, electronic or other device, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a sound-track associated with the film, but shall not include a computer program;
“computer program” means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result;
“copy” means a reproduction of a work, and, in the case of a literary, musical or artistic work, a cinematograph film or a computer program, also an adaptation thereof: Provided that an object shall not be taken to be a copy of a work of architecture unless the object is a building or a model of a building;
“copyright” means copyright under this Act;
“Corporation” means the South African Broadcasting Corporation as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976);
“country” includes any colony, protectorate or territory subject to the authority or under the suzerainty of any other country, and any territory over which trusteeship is exercised;