a period of at least ten years has elapsed since the end of the calendar year in which authorized reproductions of such work were first made available to the public; and
(ii)
the authorized reproductions primarily have a utilitarian purpose and are made by an industrial process.
(b)
For the purposes of paragraph (a) (i) authorized reproductions of any artistic work in question made available to the public before the commencement of section 2 of the Copyright Amendment Act, 1983, shall be deemed to have been first so made available on the date of such commencement.”.
Amendment of section 26 of Act 98 of 1978.
3.Section 26 of the principal Act is hereby amended by the addition of the following subsection:
“(8) Where in an action brought by virtue of this Chapter with respect to the alleged infringement by a person of the copyright in any artistic work of which three-dimensional reproductions were made available, whether inside or outside the Republic, to the public by or with the consent of the copyright owner, it is proved that such reproductions at the time when they were so made available bore a label or other mark specifiying the following claims, namely―
(a)
that copyright exists in the artistic work of which the reproductions were made;
(b)
that a person specified on the label or mark was the owner or exclusive licensee of the copyright; and
(c)
that the reproductions were first made available to the public in a year specified on the label or mark,
that the reproductions were first made available to the public in the year so specified; and
(ii)
that the first-mentioned person had at all relevant times been aware of the claims referred to in paragraphs (a), (b) and (c).”.
Substitution of section 45 of Act 98 of 1978.
4. The following section is hereby substituted for section 45 of the principal Act:
“Regulation and control of distribution, performance or exhibition of works.
45. (1) Notwithstanding anything to the contrary in this Act contained, the Minister may make such regulations as he may consider necessary in regard to the [circulation, presentation]distribution, performance or exhibition of any work [or production].
(2) Such regulations may empower any person specified therein to prohibit the [circulation, presentation]distribution, performance or exhibition of any such work [or production] or to authorize the [circulation, presentation]distribution, performance or exhibition thereof on such conditions as may be specified in those regulations.
(3) The [circulation, presentation]distribution, performance or exhibition of any work [or production] in pursuance of authority granted in terms of such regulations shall not constitute an infringement of copyright in such work [or production], but the [author]copyright owner shall not thereby be de-
