South african copyright law

MEDIA LAW SEMINAR

copyright law

PRESENTED BY PHUKUBJE PIERCE MASITHELA ATTORNEYS

15 MARCH 2013

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COPYRIGHT? Case study…

Sandile Khumalo is a Television Producer!! Sandile gets a script from a scriptwriter – Lucy

Banda, which is based on 5 main characters and the daily happenings in and around their complex.

All the characters have been invented by Lucy. Sandile does not enter into any Agreement

with Lucy regarding the script or its contents, however Lucy allows him to use the characters for a once-off fee of R10,000.00.


The script is turned into a television series – “Friends in a Complex” – and becomes a huge success for 3 years, before it is cancelled by television networks.

A decade after the cancellation, Lucy’s original script ends up in the hands of world renowned Movie Director – Paul Dube, who wants to make a movie based on the televison series – “Friends in a House”, based on the characters originally created by Lucy.


Lucy agrees to sell him the rights to use the characters and enters into a Service Level Agreement with Paul, in which she assigns the copyright in her work to Paul and agrees to continue writing scripts for Paul for 5 movie sequels of “Friends in a House”.

Lucy and Paul end up becoming billionaires due to the movies’ success.

Sandile is angered by this and attempts to sue Lucy and Paul for royalties owing to the success of “Friends in a House.”

How does Copyright Law apply to Sandile, Lucy and Paul?

WHY DO WE HAVE COPYRIGHT?

Why do you think we have copyright??

WHY DO WE HAVE COPYRIGHT?

So you can make money from your ideas – giving people a financial incentive to be creative!!

So that other people cannot make money from your ideas – at your expense!!

WHAT IS “COPYRIGHT”?

What do you think it means??

WHAT IS “COPYRIGHT”?

A ‘bundle’ of exclusive rights given to authors and creators, to protect original works.

ORIGINALITY would requires the work to have been produced by the exercise of skill and effort by the author OR creator.

WHAT IS COPYRIGHT INFRINGEMENT?

Generally speaking, copyright infringement occurs when the copyright materials of authors are used for commercial gain, as opposed to private or personal use.

EXAMPLE: Copying tapes and CDs and selling them; OR Copying the artwork of a designer and using it to create an entire

fashion show, at the designer’s expense; OR Copying books for re-title and selling them etc.

The Copyright act

Copyright Act, No. 98 of 1978 (as amended) (“Copyright Act”).

The Copyright Act governs the right to control the use and distribution of artistic and creative works in South Africa.

The Companies and Intellectual Property Commission (“CIPC”) under the Department of Trade and Industry (“DTI”).

COPYRIGHT ACT

The Copyright Act defines 9 classes of ORIGINAL WORKS work eligible for copyright: Literary works; Musical works; Artistic works; Cinematograph films; Sound recordings; Broadcast; Programme-carrying signals; Published editions; and Computer programs.

Who is protected?

ONLY South African authors who are citizens, resident and domiciled in the Republic may exercise copyright rights both prior and after publication.

If an Author is not a South African citizen, resident and domiciled in the Republic, a copyright may subsist after publication in South Africa if such publication was the first publication in the world.

The Berne Copyright Convention for the Protection of Literary and Artistic Works, extends copyright protection.

If you own copyright, you can…

Reproduce the work in any manner or form. Publish the work, if it has not been published

before. Perform the work in public. Broadcast the work. To cause the work to be transmitted in a

diffusion service. Make adaptations of the work.

IDEAS CAN’T BE COPYRIGHT!!

Only work in material format entitles one to copyright protection.

NOTE: Ideas do not have copyright protection BUT the

expression of those ideas may be protected. Facts OR news of the day OR political speeches, also do

not have any copyright. However, authors have a right to make a collection of such facts, news or speeches.

How does Copyright work?

Electronic forms of work are also copyrightable. Authors may also have moral rights – that is:

the right to be name as author of the work and the right to protect their works from mutilation or distortion.

How to protect copyright?

Authors of work are automatically the owner of the copyright to that work, except when commissioned to do work on behalf of an employer.

For most works, it is not possible to apply for copyright protection as it automatically exists. (This however does not apply to films).

Copyright is created by putting the words "copyright" or "copyright reserved" or "copyright PPM 2013" (i.e. copyright, followed by the name and the year), or the copyright symbol, name and year e.g. © PPM 2013.

Registering your copyright will enable you to take legal action against anyone reproducing fake copies of your work.

How to copyright work?

Copyright for films / videos made for commercial use needs to be applied for formally, by way of the following documentation, obtainable free of charge, from the Copyright Office at the CIPC: Form RF1, submitted in duplicate; Form RF2, submitted in duplicate; Form RF3, submitted in duplicate; Form RF9, together with the "Statement of Case“; Power of Attorney, should the services of an attorney be utilised;

and a fee of R510.00.

The abovementioned forms are available on the CIPC’s website.

HOW LONG DOES COPYRIGHT LAST?

For literary work: 50 years after the death of an author OR 50 years

from publication if it is 1st published after the author’s death.

Anonymous works are protected for the shorter of 50 years from first publication OR 50 years from the year when it is reasonable to presume the author is dead.

For works with multiple authors, the 50 years from death are calculated from the death of the last author to die.

Government works are protected for 50 years from first publication.

HOW LONG DOES COPYRIGHT LAST?

For computer programs - 50 years from the end of the year in which the work is made available to the public OR is made.

For sound recordings - 50 years from the end of the year in which the work was first broadcast.

For films - 50 years from the end of the year in which the work is made available to the public or is made.

How to avoid copyright infringement?

In respect of written material, the following guidelines apply: Get permission to reproduce work. Insert reference details when referring to the

work of another. Use the least amount of words / sentences if

sighting a small portion of work. If a "significant" section is reproduced, such as a

chapter, then permission should be obtained.

COPYRIGHT? CASE STUDY…

Does Sandile have a case against Lucy and Paul? Will he be entitled to any royalties?

Was Lucy at fault for selling her script to Paul? Is Paul liable for copyright infringement?

The answer is simply =

Thank you

Business

South african copyright law