Page:Copyright Amendment Act 1992 from Government Gazette.djvu/2

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Government Gazette, 10 July 1992
No. 141293

Copyright Amendment Act, 1992.
Act No. 125, 1992

General explanatory note:

[                    ]  Words in bold type in square brackets indicate omissions from existing enactments.
                        Words underlined with a solid line indicate insertions in existing enactments.



Act

To amend the Copyright Act, 1978, so as to amend, delete or insert certain definitions; to make provision that computer programs be eligible for copyright as a separate category of work; to further provide for the conditions to be met before works become eligible for copyright; to further regulate copyright in broadcasts and programme-carrying signals; to further provide for the protection of the moral rights of the author of a work; to further provide for dealing with the infringment of copyright and for the remedies available upon such infringmeent; to further provide for presumptions in proceedings relating to infringement of copyright; to further prescribe penalties for infringements of copyright; to further provide for the seizure of imported infringing copies; to further regulate the procedure relating to applications to the Copyright Tribunal; to extend the powers of the Copyright Tribunal regarding the granting of licences; and to make provision for appeals against decisions of the Copyright Tribunal; and to provide for matters connected therewith.



(Afrikaans text signed by the State President.)
(Assented to 2 July 1992.)



Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―


Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984 and section 1 of Act 13 of 1988

1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended―

(a)

by the addition to the definition of “adaptation” of the following paragraph:

(d)

a computer program includes―

(i)

a version of the program in a programming language, code or notation different from that of the program; or

(ii)

a fixation of the program in or on a medium different from the medium of fixation of the program;”;

(b)

by the substitution for paragraph (c) of the definition of “artistic work” of the following paragraph: