SOUTH AFRICA Law and Practice Contributed by: Roberto Barreiro, André du Plessis, Sarah Suleman and Shaawn Phooko, KISCH IP
3.5 Term of Protection and Termination The term of copyright protection applicable is determined with reference to the type of work at issue. The general term of protection for the respective works is as follows: • literary, musical and artistic works – the life - time of the author and 50 years from the end of the year in which the author dies; • cinematograph films, photographs and com - puter 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 pub - lished; • 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 management systems are in place: the Dra - matic, Artistic and Literary Rights Organisation (DALRO), the South African Music Performance Rights Association (SAMPRA), the South African Music Rights Organisation (SAMRO), the Inde - pendent Music Rights Association (IMPRA), the Composers, Authors and Publishers Associa - tion (CAPASSO), the Association of Independ - ent Record Companies of South Africa (AIRCO),
the Recordings Industry of South Africa (RISA) Audio-Visual (“RISA Audio Visual” (RAV)), the Motion Picture Licensing Company (MPLC), and the Christian Copyright 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 Establishment of Collecting Societies in the Music Industry GN 517 in GG 28894 of 1 June 2006. The role of collective rights management sys - tems 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 copyright 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 Copy- right 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 cinemat - ograph film – although it is beneficial, as it makes it easier for a claimant to prove subsistence of copyright should the need arise. Once regis - tered, 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 copyright in a cinematograph film as per the provisions of the Copyright Act 98 of 1978 may apply to register the copyright in their film. For -
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