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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Copyright Act, No. 98 of 1978

Long title


To regulate copyright and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
1. Definitions
CHAPTER 1. COPYRIGHT IN ORIGINAL WORKS
2. Works eligible for copyright
3. Copyright by virtue of nationality, domicile or residency and duration of copyright
4. Copyright by reference to country of origin
5. Copyright in relation to the state and certain international organizations
6. Name of copyright in literary or musical works
7. Nature of copyright in artistic
8. Nature of copyright in cinematograph films
9. Nature of copyright in sound recordings 
9A. Royalties [...inserted by Act 2002_009_003_20020625]
10. Nature of copyright in broadcasts
11. Nature of copyright in programme-carrying signals
11A. Nature of copyright in published edition [...inserted by Act 1984_052_008_19840418]
11B.Nature of copyright in computer programs [..inserted by Act 1992_125_010_19920710]
12.  General exceptions from protection of literary and musical works
13. General exceptions in respect of reproduction of works
13A.Exceptions applicable to beneficieary persons [.. ordered read in by Case 2022_ZACC_033 of 2022/09/21 pending Parliament curing illegality of s6 and 7 within 24 months]
14. Special exception in respect of records of musical works
15. General exceptions from protection of artistic works
16. General exceptions regarding protection of cinematograph films [...Title amended by Act 1992_125_014_19920710 - was entitled "General exceptions from protection of cinematograph films"]
17. General exceptions regarding protection of sound recordings [...Title amended by Act 1992_125_015_19920710 - was entitled "General exceptions from protection of sound recordings"]
18. General exceptions regarding protection of broadcasts [...Title amended by Act 1992_125_016_19920710 - was entitled "General exceptions from protection of broadcasts"]
19. General exceptions from protection of programme-carrying signals
19AGeneral exceptions regarding protection of published editions [...inserted by Act 1984_052_008_19840418]  [...Title amended by Act 1992_125_017_19920710 - was entitled "General exceptions from protection of published editions"]
19B.General exceptions regarding protection of computer programs [...inserted by Act 1992_125_018_19920710]
20. Moral rights [...Title amended by Act 1992_125_019_19920710 - was entitled "Residuary rights"]
21. Ownership of copyright [...Title amended by Act 1980_056_009_19800523 - was entitled "First ownership of copyright"]
22. Assignments and licences in respect of copyright
CHAPTER 2. INFRINGEMENTS OF COPYRIGHT AND REMEDIES
23. Infringement 
24. Action by owner of copyright for infringement
25. Rights of action and remedies of exclusive licensee [...Title amended by Act 1986_039_001_19860423 - was entitled "Rights of action and remedies of exclusive licensee"]
26. Onus of proof in proceedings [...Title amended by Act 1992_125_026_19920710 - was entitled "Onus of proof in actions"]
27. Penalties and proceedings in respect of dealings which infringe copyright
28. Provision for restricting importation of copies
CHAPTER 2A. COPYRIGHT IN TRADITIONAL WORKS [...Title inserted by Act 2013_028_004_20131210]
28AApplication to traditional works [...inserted by Act 2013_028_004_20131210]
28B.Traditional works eligible for copyright [...inserted by Act 2013_028_004_20131210]
28C.National  Database [...inserted by Act 2013_028_004_20131210]
28D.Ownership of copyright [...inserted by Act 2013_028_004_20131210]
28E.Nature of copyright in traditional works [...inserted by Act 2013_028_004_20131210]
28F.Terms of protection [...inserted by Act 2013_028_004_20131210]
28G.General exceptions regarding protection of traditional works [...inserted by Act 2013_028_004_20131210]
28H.Royalties and benefits [...inserted by Act 2013_028_004_20131210]
28I.National Trust and Fund for Indigenous Knowledge [...inserted by Act 2013_028_004_20131210]
28J.Assignment nd licences [...inserted by Act 2013_028_004_20131210]
28K.Disputes [...inserted by Act 2013_028_004_20131210]
28L.National Council for Indigenous Knowledge [...inserted by Act 2013_028_004_20131210]
28M.Functions of Council [...inserted by Act 2013_028_004_20131210]
28N.Compliance with international agreements [...inserted by Act 2013_028_004_20131210]
CHAPTER 3. COPYRIGHT TRIBUNAL
29. Establishment of Copyright Tribunal
30. General provisions as to jurisdiction of tribunal
31. Reference of licence schemes to tribunal
32. Further reference of scheme to tribunal
33. Applications to tribunal
34. Diffusion service
35. Effect of orders of tribunal, and supplementary provisions relating thereto
36. Appeals [...Title amended by Act 1992_125_028_19920710 - was entitled "Review of proceedings"]
CHAPTER 4. EXTENSION OR RESTRICTION OF OPERATION OF ACT
37. Application of Act to countries to which it does not extend
38. ... [...repealed by Act 1992_125_030_19920710 - was entitled "Extended application of provisions relating to broadcasts and programme-carrying signals"] 
CHAPTER 5. MISCELLANEOUS PROVISIONS
39. Regulations
39A. Guidelines [...inserted by Act 2013_028_006_20131210]
40. Advisory committee
41. Savings
42. ... [...repealed by Act 1992_125_030_19920710 - was entitled "Publication"] 
43. Application to work made before commencement of Act
44. Time when work is made [...Title amended by Act 1992_125_034_19920710 - was entitled "Time when a work is made"]
45. Regulation and control of distribution, performance or exhibition of works [...Title amended by Act 1983_066_004_19830601 - was entitled "Regulation and control of circulation, presentation or exhibition of works"]
45A. Regulation and control of the reproduction or adaptation of artistic works [...inserted by Act 1983_066_005_19830601] 
46. Repeal of laws
47. Short title and commencement
Sch.  SCHEDULE [s46]
 
Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act 1978_098_000_19780630 EXT.LINK REQ.INFO LINK
As amended by Act 1980_056_000_19800523 .  N/A REQ.INFO LINK
As amended by Act 1983_066_000_19830601 . N/AREQ.INFOLINK
As amended by Act 1984_052_000_19840418 . N/AREQ.INFOLINK
As amended by Act 1986_039_000_19860423 . N/AREQ.INFOLINK
As amended by Act 1988_013_000_19880323 . N/AREQ.INFOLINK
As amended by Act 1989_061_000_19890530 . N/AREQ.INFOLINK
As amended by Act 1992_125_000_19920710 . N/AREQ.INFOLINK
As amended by Act 1997_038_000_19971001 . N/AREQ.INFOLINK
As amended by Act 2002_009_000_20020625 .  N/A REQ.INFO LINK
As amended by Act 2008_071_000_20090409 . N/AREQ.INFOLINK
As amended by Act 2013_028_000_20131210 .  N/A REQ.INFO LINK
As ordered by CC 2022_033_000-20210923 . N/AREQ.INFOLINK
As amended by ... N/A REQ.INFO LINK

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