# Copyright Amendment Act, 1989

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The Copyright Amendment Act, 1989 (Act No. 61 of 1989), is a South African Act of Parliament that amended the Copyright Act, 1978. It was published on 30 May 1989 in Government Gazette No. 11900. Except for section 4, it was deemed to have into operation on 1 April 1989. Section 4 was brought into operation on 1 August 1989 by Proclamation No. R. 129 of 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 relating to importing, selling and distribution in connection with the nature of copyright in cinematograph films and sound recordings; to provide that certain infringements in respect of certain cinematograph films will no longer be an offence; and to extend the functions of the advisory committee; and to provide for matters connected therewith.
(English text signed by the State President.) (Assented to 17 May 1989.)
Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―
Amendment of section 8 of Act 98 of 1978, as amended by section 5 of Act 56 of 1980 and section 6 of Act 52 of 1984
1. Section 8 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (g) of subsection (1) of the following paragraph:
“(g)
Amendment of section 9 of Act 98 of 1978, as substituted by section 6 of Act 56 of 1980 and amended by section 7 of Act 52 of 1984
2. Section 9 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:
“(b)
Amendment of section 27 of Act 98 of 1978, as amended by section 11 of Act 52 of 1984
3. Section 27 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
“(1) Any person who at a time when copyright subsists in a work, without the authority of the owner of the copyright―
(a)
(b)
(c)
(d)
(e)
(f)
articles which he knows to be infringing copies of the work, [or, in the case where such work consists of a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), articles which are reproductions or adaptations of the cinematograph film] shall be guilty of an offence.”.
Amendment of section 40 of Act 98 of 1978
4. Section 40 of the principal Act is hereby amended―
(a)
“(a)
(b)
“(3) The advisory committee may from time to time make recommendations to the Minister in regard to any amendments to this Act and to the Trade Marks Act, 1963 (Act No. 62 of 1963), the Designs Act, 1967 (Act No. 57 of 1967), and the Patents Act, 1978 (Act No. 57 of 1978), and shall advise the Minister on any matter referred to it by the Minister.”;
(c)
“(a)
(d)
“(5) The advisory committee may call to its assistance any person it may deem necessary to assist it with, or to investigate matters relating to, [copyright law] the functions referred to in subsection (3).”.
Short title and commencement
5. (1) This Act shall be called the Copyright Amendment Act, 1989, and shall, subject to the provisions of subsection (2), be deemed to have come into operation on 1 April 1989.
(2) Section 4 shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
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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