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Copyright protection, duration and registration in South Africa

2019-05-13 Calligraphy No comment

Copyright protection in South Africa is governed by the Copyright Act No. 98 of 1978 and its amendments. According to South Africa's current intellectual property law, copyright exists in art, literature, music, broadcasting, architecture and related works. Therefore, registration is not required, for example, once the work takes a tangible form, it is automatically assigned.

What is copyright protection?

The rights assigned to the creator or author of the creative work are to prevent others from copying, using, copying or performing such works without the permission of the copyright holder. Authorization takes the form of a written agreement, called a license, and the copyright owner provides a license for any of the above in exchange for royalties. In some cases, there is no need to pay royalties, but the licensee must still use the work in an authorized manner.

what do you need?

For works eligible for copyright protection, it must be tangible and must involve creative steps. Within the above range, only the listed data does not meet the protection conditions. Work can only be protected after the data has been compiled in a meaningful way.

The work must meet the original requirements. Unlike patents that require absolute novelty, for copyrighted works, the work must be the author's knowledge, creativity, and skill creation. Even if the creation of a work is inspired by an existing work, or a similar work with the same basic idea, if the work is a product of the author's skill, the work is still eligible.

The author must be a qualified person. This only means that when creating a work, the person must reside in South Africa or be a citizen of the country, and the work must first be published in the country.

Transfer of rights

Although the right to sell or transfer works may be granted, the author's moral rights do not confer rights on the author unless the author waives them. The ethical and economic rights of work vary. Although the author may no longer have the economic rights to the work, the moral rights associated with it or the prevention of the incompleteness of the work still exist.

Type and duration of copyright

According to the current laws of South Africa, there are many categories of work that are in compliance with the conditions of protection. Literary works, including poetry, film and film, novels, reports, articles, essays and even manuals, fall into one category. South African computer programs are not protected by the country’s patent laws but are protected by copyright. Art works such as paintings, photographs, sculptures and architectural drawings are also protected.

Musical works include composition, music, recordings, and performances are protected. Recordings such as compact discs, radio broadcasts, signal bearers and television broadcasts include more categories. The copyright of the film can be registered and a specific procedure must be followed.

There are various durations depending on the type of work. The general term is 50 years, but the calculation start date depends on the specific job. For example, in the case of computer software, the date of calculation will be the year in which the copy is made available to the public. For example, in the case of a novel, 50 years is calculated from the end of the author's death.

Film copyright registration

Copyright protection can be registered for film footage in order to obtain legal evidence of ownership. This would be helpful if there were doubts about ownership or disputes involving infringement.

When applying for registration, the applicant must submit a case statement. Once the application is evaluated and no objections are found, registration will be made. The details of the movie must be submitted, such as color, producer, plot and all related parties. You can register for any type of movie, whether it's a DVD, study, entertainment or training.

South Africa's copyright protection, duration and registration are best explained by experienced intellectual property attorneys.

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