# Copyright Amendment Act, 1983

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The Copyright Amendment Act, 1983 (Act No. 66 of 1983), is a South African Act of Parliament that amended the Copyright Act, 1978. It was published on 1 June 1983 in Government Gazette No. 8735. Sections 1, 2 and 3 were brought into effect on 17 October 1983 by a Proclamation No. 155 of 1983; sections 4 and 5 have not yet been brought into force.
Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments.
Act
To amend the Copyright Act, 1978, with respect to certain definitions; so as to limit copyright in certain artistic works of which three-dimensional reproductions were made available to the public; to facilitate the establishment of certain facts in actions brought by virtue of certain provisions of the said Act; to make further provision for the regulation and control of the distribution, performance or exhibition of works without the consent of the copyright owner; and to make provision for the regulation and control of the reproduction or adaptation of certain artistic works without the consent of the copyright owner; and to provide for incidental matters.
(English text signed by the State President.) (Assented to 20 May 1983.)
Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―
1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended―
(a)
“(c)
(b)
“‘drawing’ includes any drawing of a technical nature or any diagram, map, chart or plan;”;
(c)
“‘Minister’ means the Minister of [Economic Affairs] Industries, Commerce and Tourism;”;
(d)
“(c)
2. Section 15 of the principal act is hereby amended by the insertion after subsection (3) of the following subsection:
“(3A) (a) The copyright in an 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 (hereinafter referred to as authorized reproductions), shall not be infringed if any person without the consent of the owner makes or makes available to the public three-dimensional reproductions or adaptations of the authorized reproductions, provided―
(i)
(ii)
(b)
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)
(b)
(c)
(which claims may be indicated by means of the symbol “©” in conjunction with the name of the relevant person and the relevant year) it shall be presumed, until the contrary is proved―
(i)
(ii)
4. The following section is hereby substituted for section 45 of the principal Act:
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 ​deprived of [his] any right which he may have had to obtain a reasonable remuneration, which shall in default of agreement be determined by arbitration.”.
45A. (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 reproduction or adaptation, or the making available to the public of reproductions or adaptations, of any artistic work.
(2) Such regulations may empower any person specified therein to authorize the reproduction or adaptation, or the making available to the public of reproductions or adaptations, of any artistic work on such conditions as may be specified in those regulations.
(3) The reproduction or adaptation, or the making available to the public of reproductions or adaptations, of any artistic work in pursuance of authority granted in terms of such regulations shall not constitute an infringement of copyright in such work, but the copyright owner shall not thereby be deprived of any right which he may have had to obtain a reasonable remuneration, which shall in default of agreement be determined by arbitration.”.
6. (1) This Act shall be called the Copyright Amendment Act, 1983, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.
This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.
According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."
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