manner or form which gives a person with a disability access to the work and which permits such person to have access as feasibly and comfortably as a person without disability;’’; (b) by the insertion after the definition of ‘‘artistic work’’ of the following definitions: ‘‘ ‘art market professional’ includes— (a) an auctioneer or auction house; (b) the owner or operator of an art gallery; (c) the owner or operator of a museum; (d) an art dealer; or (e) a person otherwise involved in the business of dealing in artworks; ‘audiovisual work’ means embodiment of moving images, whether or not accompanied by sounds or by the representations thereof, from which either can be perceived, reproduced or communicated through a device, and includes a cinematographic film;’’; (c) by the insertion after the definition of ‘‘collecting society’’ of the following definition: ‘‘ ‘commercial’ means the obtaining of direct economic advantage or financial gain in connection with a business or trade;’’; (d) by the insertion after the definition of ‘‘community protocol’’ of the following definition: ‘‘ ‘Companies Act’ means the Companies Act, 2008 (Act No. 71 of 2008);’’; (e) by the insertion after the definition of ‘‘copyright’’ of the following definition: ‘‘ ‘copyright management information’ means information attached to or embodied in a copy of a work that— (a) identifies the work and its author or copyright owner; or (b) identifies or indicates some or all of the and conditions for using the work or indicates that the use of the work is subject to terms and conditions;’’;
of any of the acts contemplated in section 6. (3) (a) The author’s share of the royalty contemplated in subsection (2) shall be determined by a written agreement in the prescribed manner and form, between the author and the copyright owner, or the person contemplated in subsection (2)(b), or between their representative collecting societies. (b) Any assignment of the copyright in that work, by the copyright or subsequent copyright owners, is subject to the agreement between the author and the copyright owner, contemplated in paragraph (a), or the order contemplated in subsection (4). (4) Where the author and copyright owner, or the person contemplated in subsection (2)(b), cannot agree on the author’s share of the royalty, any party may refer the matter to the Tribunal for an order determining the author’s share of the royalty. (5) The agreement contemplated in subsection (3)(a) must include the following: (a) The rights and obligations of the author and the copyright owner or the person contemplated in subsection (2)(b); (b) the author’s of the royalty agreed on, or ordered by the Tribunal, as the case may be; (c) the method and period within which the amount must be paid by the copyright owner, or the person contemplated in subsection (2)(b), to the author; and (d) a dispute resolution mechanism. (6) This section does not apply to— (a) a copyright owner who commissioned, or who is the author of, the literary or musical work in question; (b) a work created in the course of employment contemplated in section 21(1)(b) and (d); or (c) a work where copyright is conferred by section 5 in the state, local or international organizations. (7) (a) This section applies to a literary or musical work where copyright in that work was assigned before the commencement date of the Copyright Amendment Act, 2019, if that literary or musical work—
(i) falls within the application of this Act; and (ii) is still exploited for profit. (b) The Minister must prescribe the process to give effect to the application of this section to a work contemplated in paragraph (a). (c) The share in the royalty only applies to royalties received, in respect of a work contemplated in paragraph (a), after the commencement date of the Copyright Amendment Act, 2019.’’. Amendment of section 7 of Act 98 of 1978, as amended by section 4 of Act 56 of 1980 and section 7 of Act 125 of 1992 6. Section 7 of the principal Act is hereby amended— (a) by the insertion after paragraph (d) of the following paragraphs: ‘‘(dA) communicating the work to the public by wire or wireless means; (dB) making the work available to the public by wire or wireless so that any member of the public may access the work from a place and at a time chosen by that person;’’; and (b) by the substitution for paragraph (f) of the following paragraph: ‘‘(f) doing, in relation to an adaptation of the work, any of the acts specified [in relation to the work] in paragraphs (a) to [(d)] (dB) inclusive.’’. Insertion of section 7A, 7B, 7C, 7D, 7E and 7F in Act 98 of 1978 7. The following sections are hereby inserted in the principal Act after section 7: ‘‘Share in royalties regarding visual artistic works 7A. (1) For the purposes of this section, ‘royalty’ means the gross profit made on the exploitation of a visual artistic work by a copyright owner or a person who has been authorized by the author to do any of the acts contemplated in section 7, but does not include profit made on the commercial resale of a visual artistic work contemplated in section 7B. (2) Notwithstanding— (a) the assignment of the copyright in a visual artistic work; or (b) the authorization by the author of a visual artistic work of the right to do any of the acts contemplated in section 7, the author shall have the right to share in the royalty received for the execution of
proclamation in the Gazette, which date may not precede the commencement of the regulations relevant to each of the sections respectively: (a) Section 5, in respect of the insertion of section 6A(7); (b) section 7, in respect of the insertion of section 7A(7); and (c) section 9, in respect of the insertion of section 8A(5).