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South Africa

Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002)

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South Africa

Year of current version:2002
Date of entry into force of original text:January 1, 1979
Date of Text (Enacted):June 20, 1978
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, IP Regulatory Body
Notes:
This consolidated version of the Copyright Act 1978 incorporates all the amendments up to June 25, 2002 (see Section 1 relating to the terms 'collecting societies' and 'Minister'; Sections 9(e), 9A(3) & 39(cA) for the latest amendments made by the Copyright Amendment Act 2002).

The notification by South Africa to the WTO under article 63.2 of TRIPS states:
'This Act regulates copyright. It protects the following works: literary works, musical works, artistic works, cinematograph film works, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. The duration of copyright in the above-mentioned works is not less than 50 years.
This Act is in the process of amendment in order to ensure compliance with provisions of the TRIPS Agreement. Said amendments are aimed at:
(1) Certain extensions to the scope of copyright in computer programs;
(2) Adjustment of the term copyright in cinematographic films;
(3) Adjustment of the Act to keep abreast with advances in technology and the increased usage of electronic and digital storage of information or signals;
(4) Changing the definitions of 'cinematograph film', 'record' and 'sound recording' and the requirement that a work must exist in a material form in order to qualify for copyright;
(5) Amending the provisions of the Act relating to damages and other compensation due to a copyright owner pursuant to infringement in order to bring the Copyright Act in conformity with corresponding provisions of the Designs Act, No. 195 of 1993 and the Trademarks Act, No. 194 of 1993.'
Available Texts: 
English

Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002) Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002), Complete document (pdf) [252 KB]

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WIPO Lex No.:ZA002

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