SOUTH AFRICA Law and Practice Contributed by: Daniel Pekar, André du Plessis, Sarah Suleman and Shaawn Phooko, KISCH IP
• literary, musical and artistic works – the lifetime of the author and 50 years from the end of the year in which the author dies; • cinematograph films, photographs and computer programs – 50 years from the end of the year in which the work is made available to the public with consent of the owner of the copyright or is first published, whichever term is longer; • sound recordings – 50 years from the end of the year in which the recording is first published; • broadcasts – 50 years from the end of the year in which the broadcast first takes place; • programme-carrying signals – 50 years from the end of the year in which the signals are emitted to a satellite; and • published editions – 50 years from the end of the year in which the edition is first published. The rights of a copyright owner are terminated once the term of protection expires. The work then falls into the public domain. 3.6 Collective Rights Management Systems In South Africa, the following collective rights man - agement systems are in place: the Dramatic, Artistic and Literary Rights Organisation (DALRO), the South African Music Performance Rights Association (SAM - PRA), the South African Music Rights Organisation (SAMRO), the Independent Music Rights Association (IMPRA), the Composers, Authors and Publishers Association (CAPASSO), the Association of Independ - ent Record Companies of South Africa (AIRCO), the Recordings Industry of South Africa (RISA) Audio-Vis - ual (“RISA Audio Visual”, or RAV), the Motion Picture Licensing Company (MPLC) and the Christian Copy - right Licensing International (CCLI). Collective management systems are governed by the following statutes: the Copyright Act 98 of 1978, the Performers’ Protection Act 11 of 1967, the Companies Act 71 of 2008, and the Regulations on the Establish - ment of Collecting Societies in the Music Industry GN 517 in GG 28894 of 1 June 2006. The role of collective rights management systems is to collect royalties and distribute them to copyright owners, manage copyright licences on behalf of the
copyright owners, and enforce the rights of the copy - right owners against infringers. 3.7 Copyright Registration Copyright in a work subsists automatically without the need to register it, provided that the requirements for subsistence of copyright referred to in 3.2 Essential Elements of Copyright Protection have been met. The only type of work that can be registered in South Africa is a cinematograph film. It is not necessary to register the copyright in a cinematograph film – although it is beneficial, as it makes it easier for a claimant to prove subsistence of copyright should the need arise. Once registered, the copyright owner receives a certificate from the Registrar that serves as prima facie proof of the details contained on the register. The register is publicly available. Any person who claims to be the owner of the copy - right in a cinematograph film as per the provisions of the Copyright Act 98 of 1978 may apply to register the copyright in their film. Foreign applicants must appoint a South African attorney to file the application and be recorded as the address for service on the register. In South Africa, the copyright symbol is added to a work along with a copyright notice, which will incorpo - rate the following elements: the word “Copyright” or the © symbol, the year in which the work was created, and the name of the owner of the copyright. 3.8 Copyright Application Requirements In filing an application to register a cinematograph film, the applicant/authorised agent lodges an appli - cation to the Registrar, who will note the date of lodg - ment. This becomes the effective date of registration of the film. The Registrar will examine the application and, if they are satisfied that the prescribed requirements have been met and that the applicant is the copyright own - er, they will accept the application. The application is then advertised for one month in the Patent Journal for opposition purposes. Following the one-month period, the application proceeds to registration.
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