# Copyright Amendment Act, 1984

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The Copyright Amendment Act, 1984 (Act No. 52 of 1984), is a South African Act of Parliament that amended the Copyright Act, 1978. It was published on 18 April 1984 in Government Gazette No. 9185. Except for section 7, it was brought into force on 22 June 1984 by Proclamation No. 99 of 1984. Section 7 was originally intended to be brought into force on 1 April 1989 by Proclamation No. 108 of 1985, but this was withdrawn by Proclamation No. 43 of 1989, and later superseded by the Copyright Amendment Act, 1989.
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Act, 1978, so as to make provision for copyright in published editions; to extend the term of copyright in certain unpublished works; to further define the nature of copyright in cinematograph films and sound recordings; to create certain presumptions in respect of the proof of infringements of copyright in cinematograph films; to create certain new offences; and to make provision for increased penalties; and to provide for incidental matters.
(Afrikaans text signed by the State President.) (Assented to 30 March 1984.)
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)
“(g)
(b)
“(a)
(c)
“‘published edition’ means the first print by whatever process of a particular typographical arrangement of a literary or musical work;”.
2. Section 2 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraph:
“(h)
3. Section 3 of the principal Act is hereby amended―
(a)
“Provided that if before the death of the author none of the following acts had been done in respect of such works or an adaptation thereof, namely―
(i)
(ii)
(iii)
(iv)
the term of copyright shall continue to subsist for a period of fifty years from the end of the year in which the first of the said acts is done;”; and
(b)
“(f)
4. Section 4 of the principal Act is hereby amended―
(a)
(b)
“(e)
5. Section 5 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) Copyright conferred by this section on a cinematograph film, photograph, sound recording, broadcast, [or] programme-carrying signal or published edition shall be subject to the same term of copyright provided for in section 3 for a similar work.”
6. Section 8 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraph:
“(g)
7. Section 9 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:
“(b)
8. The following section is hereby inserted in the principal Act after section 11:
11A. Copyright in a published edition vests the exclusive right to make or to authorize the making of a reproduction of the edition in any manner.”.
9. The following section is hereby inserted in the principal Act after section 19:
19A. The provisions of sections 12 (1), (2), (4), (5), (8) and (12) shall mutatis mutandis apply with reference to published editions.”.
10. Section 26 of the principal Act is hereby amended by the addition of the following subsections:
“(9) In any civil or criminal proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), it shall be presumed―
(a)
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."
Public domainPublic domainfalsefalse