Copyright

Question	Answer
Hector Pieterson foto by Sam Nzima Copyright	1. The copyright belonged to the Argus Group, which owned The World 2. After the Independent Newspapers Group bought the Argus Group, The Star gave Nzima the copyright in 1998.
Intellectual property statutes generally -	1. define the requirements for creation of IP rights 2. protect the economic & moral rights (authors, inventors or owners) by granting them time related rights to control the use of their IP 3. Govern the rights of the public to access and use that IP 4. Create & regulate the institutions that are responsible for administering IP
Examples of Intellectual Property legislation enacted in South Africa	1. Patents Act 57 from 1978; 2. Copyright Act 98 from 1978; 3. Trademarks Act 194 from 1993; 4. Designs Act 195 from 1993; 5. Merchandise Marks Act; Performers Protection Act; Plant Breeders Rights Act; Registration of Copyright in Cinematographic Films Act
Differentiate between the types of IP protected by laws enacted in terms of Paris & Berne Conventions	1. PARIS Convention for the protection of Industrial Property 1883 * inventions (patents) * trade marks * industrial design 2. BERNE Convention for the protection of Literary & Artistic Works 1886 * novels, poems, plays * songs, musicals * drawings, paintings, sculptures & architectural works
4 Examples of rights in relation to works which are protected under the Berne Convention	The rights to - 1. Translate 2. make Adaptations & Arrangement of the work 3. Recite in public literary works 4. Perform in public dramatic, dramatico-musical & musical works
Define 'Artistic Work'	* Artistic work means irrespective of artistic quality thereof a) paintings, sculptures, drawings, engravings & photographs b) works of architecture, being either building or models of buildings c) works of craftsmanship not falling within paragraph (a) or (b)
Define 'Drawing'	Drawing includes: * Drawing of a technical nature * Any diagram * Map * Chart * Plan
Define 'Literary Work'	Literary work includes, irrespective of the literary quality & whatever mode or form expressed - a) novels, stories & poetical works, b) dramatic works, stage directions, cinematographic film scenario's & broadcasting scripts c) textbooks, treatises, histories, biographies, essays & articles d) encyclopedias & dictionaries e) letters, reports & memorandas f) lectures, speeches & sermons g) tables & compilations, of data stored or embodied in a computer But shall not include a computer program
Must an 'artistic work' / 'literary work' have a certain minimum level artistic / literary quality to be eligible for copyright?	No, according to the Copyright Act 98 of 1978 section 1; * Artistic work is irrespective of the artistic quality thereof * Literary work is irrespective of the literary quality & in whatever form or mode expressed
Does the definition of 'writing' include a typed document?	Yes, Writing includes - * any form of notation whether by hand or printing, typewriting or any similar process
List the 3 requirements for a work to be eligible for copyright.	1. Be one of the works listed in section 2(1) 2. Be original 3. Must be captured in a material form * A work that infringes another work may still be eligible for copyright as long as the improvement is original & substantial work in its own right
The 9 types of works, that if original, are eligible for copyright Section 2(1)	a) literary works b) musical works c) artistic works d) cinematographic films e) sound recordings f) broadcasts g) programm-carrying signals h) published editions i) computer programs
Originality	Must be original in the sense that it is not copied from another work but originated from the author. * The work must emanate from the author himself; * Must be shown that some labour, skill or judgement has been brought to bear on the work
Work must be captured in material form (other than a Broadcast or Programme-carrying Signal)	There can be no copyright in an idea, but only in an eligible work. (ie written down, recorded, represented in digital data), while a Broadcast must be broadcast & a Programme-carrying Signal must have been transmitted to a satellite
Computer Aided work	Is where the computer is a mere tool, like a pen or word processor. The author applied original skill or labour in execution. And can qualify as 'literary work' & be protected by copyright
Computer Generated work	Is where the computer creates the work with relatively little human input. Where the work is computer generated there is no application of original skill or labour by the author. It cannot qualify as 'literary work' and no copyright subsists there.
List the requirements for an author to be a qualified person	* is linked to the Republic of South Africa through domicile, * citizenship, * residence - according to section 3(1) *where the work has originated in the RSA - according to section 4
Must the author of a work of architecture be a 'qualified person' for copyright to be conferred on that work?	No, according to section 3(1)(b), provided that a work of architecture is erected in RSA, or any other artistic work incorporated in a building or any other permanent structure in RSA, shall be eligible for copyright whether or not the author is or was qualified person.
What is the duration of copyright for a literary or musical works or artistic works?	* The duration of the copyright is 50 year from the end of the year that the author died. But where literary, musical or artistic work was first; 1 Published 2 Performed in public 3 Offered for sale 4 Broadcast * After the death of the author, then copyright subsists for 50 years from that later date
What is the duration of copyright for a computer program?	* 50 years from the end of the year in which the work - 1 Is made available to the public with consent of the owner of the copyright 2 Is first published * Whichever term is longer, of failing such an event, 50 year from the end of the year in which the work is made
What is the duration of a literary work made under the direction or control of the State?	* The duration of literary, musical or artistic work other than a photograph made under the direction & control of the State is 50 years from the year in which it was first published. The year in which the author dies is irrelevant.
What Act implies to research & development undertaken by State funded 'recipients'?	Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 IPRPFRD
What is the nature of copyright in a literature or musical work, ie what exclusive rights vests in the copyright owner of a literary or musical work?	To do or authorize specified acts in relation to each type of work or in relation to an adaptation of a work, ie only the copyright owner or a person authorized by the copyright owner may copy or reproduce, perform, publish, broadcast, transmit or make an adaptation or arrangement of the work
What may a person do in relation to sound recordings without payment of a royalty to the owner of the relevant copyright? How is the royalty determined?	* No person may broadcast sound recording * Or cause a sound recording to be transmitted in a diffusion service * or communicate a sound recording to the public Without paying royalties to the owner of the copyright or his legal successor
What may a person do in relation to sound recordings without payment of a royalty to the owner of the relevant copyright? How is the royalty determined?	* The owner of the sound recording must share the proceeds of the royalties with the performers whose performances feature on the sound recording; * Who would have been entitled to receive a royalty in terms of the Performance Protection Act
What may a person do in relation to sound recordings without payment of a royalty to the owner of the relevant copyright? How is the royalty determined?	* The amount of the royalty can either be agreed or in absence of an agreement the matter may be referred to the Copyright Tribunal or to Arbitration for determination
What is the nature of copyright in a computer program, ie what exclusive right is vests in the copyright owner?	To authorize the doing of any of the following acts in the Republic - 1. Reproducing in any manner or form 2. Publishing if it was hitherto unpublished 3. Performing in public 4. Broadcasting 5. To be transmitted in a diffusion service 6. Making an adaptation 7. Letting, or offering or exposing for hire by way of trade, directly or indirect, or copy
General exceptions from Copyright Protection	1. Fair dealings 2. Judicial proceedings 3. Quotation 4. Illustration 5. Lawful broadcasts of the broadcaster 6. Informatory purposes 7. An article, on any current economic, political or religious topic 8. Official test of a legislative, administrative or legal nature
What does Fair dealing in relation to a literary or musical work ential?	Section 12(1), Fair dealing refers to the use of the work - a) for research or private study / or the personal or private use of b) for the purpose of criticism or review of work c) for the purpose of reporting current events - 1 in a newspaper, magazine or similar periodical, 2 or by means of broadcasting or in a cinematograph film; * Provide that the author and source is named
Explain what is meant by 'moral rights' and how these rights are protected?	* Moral rights protect the honour & reputation of the author & his right to claim authorship of the works * The author retains moral rights even after he has transferred the copyright to someone else - * however, may not object if - cinematographic film, broadcast, computer program regarding modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation

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