# Copyright Amendment Act, 1980

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The Copyright Amendment Act, 1980 (Act No. 56 of 1980), is a South African Act of Parliament that amended the Copyright Act, 1978. It was published on 23 May 1980 in Government Gazette No. 7010, and came into effect upon publication.
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 provide that originality shall be a requirement for copyright in any work; to apply certain provisions applying to a work, also to a substantial part of such work; to further define a diffusion service for certain purposes; to further define the circumstances in which reproduction of a work shall be permitted; to determine ownership of copyright; and to effect certain textual alterations; and to provide for matters connected therewith.
(English text signed by the State President.) (Assented to 5 May 1980.)
Be it enacted by the State President, the Senate 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 by the insertion after subsection (2) of the following subsection:
“(2A) Any reference in 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.”.
2. Section 2 of the principal Act is hereby amended―
(a)
“(1) Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright―”; and
(b)
“(2) A literary, musical or artistic work shall not be eligible for copyright unless
[(a)
(b)]
3. Section 6 of the principal Act is hereby amended―
(a)
“Copyright in a literary or musical work [or any substantial part thereof] vests the exclusive right to do ​or to authorize the doing of any of the following acts in the Republic:”; and
(b)
“(e)
4. Section 7 of the principal Act is hereby amended―
(a)
“Copyright in an artistic work [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”; and
(b)
“(d)
5. Section 8 of the principal Act is hereby amended―
(a)
“(1) Copyright in an cinematograph film [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”; and
(b)
“(d)
6. The following section is hereby substituted for section 9 of the principal Act:
9. Copyright in a sound recording [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:
(a)
(b)
7. Section 10 of the principal Act is hereby amended by the sunstitution for the words preceding paragraph (a) of the following words:
“Copyright in a broadcast [or any substantial part thereof] vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:”.
8. The following section is hereby substituted for section 13 of the principal Act:
13. [The] In addition to reproductions permitted in terms of this Act reproduction of a work shall also be permitted as prescribed by regulation, but ​in such a manner that the reproduction is not in conflict with a normal exploitation of the work and is not unreasonably prejudicial to the [legal] legitimate interests of the [author] owner of the copyright.”.
9. The following section is hereby substituted for section 21 of the principal Act:
21. (1) (a) Subject to the provisions of this section, the ownership of any copyright conferred by section 3 or 4 on any work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.
(b)
(c)
(d)
(e)
(2) Ownership of any copyright conferred by section 5 shall initially vest in the state or the international organization concerned, and not in the author.”.
10. This Act shall be called the Copyright Amendment Act, 1980.
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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