DEFINITIONS

The South African Copyright Act No. 98 of 1978 and amendments thereto

(Extracts pertaining to the artist)
Comments in brackets [ ] are by The Paint Basket

SECTION 1. DEFINITIONS
Subsection (1)
"adaption", in relation to -
    1(c)An artistic work, includes a transformation of the work in such a manner that the original or substantial features thereof remain recognizable.
"artistic work", means, irrespective of the artistic quality thereof -
    (a)paintings, sculptures, drawings, engravings and photographs.
"author", in relation to -
    (a)........or artistic work, means a person who first makes or creates the work.
    (b)a photograph means the person who is responsible for the composition of the photograph.
"building" includes any structure:
"copy" means a reproduction of a work, and, in the case of ........or artistic work, ......., also an adaption thereof: Provided that an object shall not be taken to be a copy of a work of architecture unless the object is a building or a model of the building.
"copyright" means copyright under this Act.
"drawing" includes any drawing of a technical nature or any diagram, map, chart or plan.
"engraving" includes any etching, lithograph, woodcut, print or similar work, but does not include a photograph.
"exclusive licence" means a licence authorizing a licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise the right by virtue of this Act would, apart from the licence, be exercisable exclusively by the owner of the copyright; and "exclusive licence" shall be construed accordingly.
"infringement copy", in relation to -
    (a)......or artistic work or a published edition, means a copy thereof;
    (c)a cinematograph film, means a copy of the film or a still photograph made therefrom: ..........
Being in any such case an article of which constituted an infringement of the copyright in the work, recording, cinematograph film .........would have constituted an infringement of that copyright of the article had been made in the Republic:
"photograph" means any product photography or of any process analogous to photography, but does not include any part of a cinematograph film:
"prospective owner", in relation to copyright, means a person who shall be entitled to the copyright, wholly or partially, in a work in which copyright does not yet subsist or whose entitlement to the copyright which does not exist shall be effective upon a future event;
"reproduction", in relation to -
    (a)......includes a reproduction in the form of ........... or a cinematograph film;
    (b)an artistic work, includes a version produced by converting the work into a three-dimensional form, if it is in three-dimensions, by converting it into a two-dimensional form;
    (c)any work, includes a reproduction made from a reproduction of that work;
    and references to "reproduce" and "reproducing" shall be construed accordingly.
"writing" includes any form of notation, whether by hand or by printing, typewriting or any similar process.


Subsection ( 2A)
Any reference to this Act to the doing of any act in relation to any work shall, unless the context otherwise indicates, be construed as a reference also to the doing of any such act in relation to any substantial part of such work;

Subsection (5)
For the purposes of this Act the following provisions shall apply in connection with the publication of a work:
    (a)Subject to paragraph (e), a work shall be deemed to have been published if copies of such work have been issued to the public with the consent of the owner of the copyright in the work in sufficient quantities to reasonably meet the needs of the public, having regard to the nature of the work.
    (b)Publication of a cinematograph film or sound recording is the sale, letting, hire or offer for sale or hire, of copies thereof.
    (c)A publication shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere within a period of 30 days.
    (d)Publication shall not include -
    (v)an exhibition of a work of art.
    (e)For the purposes of sections 6,7 and 11(b), a work shall be deemed to be published if copies thereof have been issued to the public.

(Date of commencement 30 June 1978)

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