What is copyright?

A copyright can be defined as part of a group of intellectual property rights, which provide legal protection to creators of works of the mind.

What is copyright?

The Business Lounge
by Statfin Industries
January 2008 Vol 2 Issue1

A copyright can be defined as part of a group of intellectual property rights, which provide legal protection to creators of works of the mind. It is governed in this country by the Copyright Act No. 98 of 1978, as amended and the Regulations made in terms thereof.

It grants the owners of copyright (authors and other creators of intellectual property) the right to: 

·        reproduce their work,

·        create derivative works based on the original work,

·        distribute copies of the work,

·        to perform the work, and/or

·        to display the work in public. 

WHO IS THE OWNER OF A COPYRIGHT?

The general rule is that the owner of copyright is the person who does the creative work, i.e. the author of the book or the designer of the website. However, there is an important exception to this basic rule which applies when the work is created by an employee within the scope of his or her employment. In this case the employer of that person is considered to be the copyright owner.

HOW LONG DOES COPYRIGHT LAST?

In a literary or artistic work, other than a photograph, copyright endures for the lifetime of the author and 50 years after the author’s death or 50 years after the posthumous first publication of his/her work. 

In terms of a film, photography or a computer programme, copyright endures 50 years from the end of the year in which the work is made available to the public or after the work is first published, whichever is the longer period. The publishers also have a copyright in respect of the published edition (i.e. the edited typeface used) even if the original material is no longer subject to copyright, e.g. a new edition of a Shakespeare play. 

WHAT ARE THE PENALTIES FOR COPYRIGHT INFRINGEMENT?

The author or holder of his/her licensee (in some cases) can take legal action where there is an infringement of his/her rights. The remedies provided include delivery of the infringing material, damages and an interdict preventing further infringement of his/her rights. The courts have the power to award additional damages where there has been a flagrant infringement of copyright. The Copyright Act also makes provision for criminal penalties – a fine (of R5 000) and/or imprisonment of up to three years per infringement for a first conviction. The maximum fine and/or imprisonment penalty for second conviction is R10 000 and/or five years, per infringement.