Page:Copyright Amendment Act 1992 from Government Gazette.djvu/11

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“General exceptions regarding protection of computer programs

19B. (1) Subject to the provisions of section 23 (2) (d), the provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply, in so far as they can be applied, with reference to computer programs.

(2) The copyright in a computer program shall not be infringed by a person who is in lawful posession of that computer program, or an authorized copy thereof, if―

(a)

he makes copies thereof to the extent reasonably necessary for back-up purposes;

(b)

a copy so made is intended exclusively for personal or private purposes; and

(c)

such copy is destroyed when the possession of the computer program, or authorized copy thereof, ceases to be lawful.”.

Substitution of section 20 of Act 98 of 1978

19. The following section is hereby substituted for section 20 of the principal Act:

“Moral rights

20. (1) Notwithstanding the transfer of the copyright in a literary, musical or artistic work, [or] in a cinematograph film or in a computer program, the author shall have the right to claim authorship in the work, subject to the provisions of this Act, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author: Provided that an author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not [oppose] prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation of the work.

(2) Any infringement of the provisions of this section shall be treated as an infringement of copyright under Chapter 2, and for the purposes of the provisions of the said Chapter the author shall be deemed to be the owner of the copyright in question.”.

Amendment of section 23 of Act 98 of 1978

20. Section 23 of the principal Act is hereby amended―

(a)

by the substitution for subsection (1) of the following subsection:

“(1) Copyright shall be infringed by any person, not being the owner of the copyright, who, without the licence of such owner, does or causes any other person to do, in the Republic, any act which the owner [may authorize] has the exclusive right to do or to authorize.”;

(b)

by the deletion in subsection (2) of the word “or” at the end of paragraph (b), the addition of the word “or” at the end of paragraph (c) and the insertion of the following paragraph:

“(d)

acquires an article relating to a computer program in the Republic,”; and

(c)

by the deletion of subsection (4).

Amendment of section 24 of Act 98 of 1978

21. Section 24 of the principal Act is hereby amended―

(a)

by the substitution for subsection (1) of the following subsection: