Copyright Amendment Act, 2002

25 JUNE 2002 Act No. 9,2002 COPYRIGHT AMENDMENT ACT, 2002 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions existing enactments. in (English text signed by the President.) (Assented to 18 June 2002.) ACT To amend the Copyright Act, 1978, so as to define an expression and to amend a of copyright in definition; and to make further provision regarding the nature sound recordings; and to provide for matters connected therewith. B E IT ENACTED by the follows:- Parliament of the Republic of South Africa, as Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 1992 and section 50 of Act 38 of 1997 5

1. Section 1 of the Copyright Act, 1978 (hereinafter referred to as the principal Act), is hereby amended- ( a ) by the insertion in subsection ( I ) after the definition of “cinematograph film” of the follov~ing definition: “ ‘collecting society’ means a collecting society established under this &“; and 10 ( b ) by the substitution in subsection (1) for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minister [Technology] of [Economic Affairs] Trade and 15 Substitution of section 9 of Act 98 of 1978, as substituted by section 6 of Act 56 of 1980 and amended by section 7 of Act 52 of 1984 and section 2 of Act 61 of 1989

2. The following section is hereby substituted for section 9 of the principal Act: “Nature of copyright in sound recordings

9. Copyright in a sound recording vests the exclusive right to do or to 20 authorize the doing of any of the following acts in the Republic: or indirectly, a record embodying the sound ( a ) Making, directly recording; (b) letting, or offering or exposing for hire by way of trade, directly or indirectly, a reproduction of the recording; sound 25 Industry;”. 4 No. 23556 GOVERNMENT GAZETTE. 25 JUNE 2002 Act No. 9,2002 COPYRIGHT AMENDMENT ACT. 2002 (c) broadcasting the sound recording; (ci) causing the sound recording to be transmitted in a diffusion service. unless that service transmits a lawful broadcast, including the sound recording, and is operated by the original broadcaster; public.". the the ( e ) communicating to recording sound 5 Insertion of section 9A in Act 98 of 1978

3. The following section is hereby inserted in the principal Act after section 9: "Royalties 9A. ( 1) ( a ) In the absence of an agreement to the contrary, no person may as 1 broadcast, cause the transmission contemplated in section 9(c), (d) or ( e ) without payment of a royalty to the owner of the relevant copyright. of or play a sound recording 10 (b) The amount of any royalty contemplated in paragraph ( a ) shall be determined by an agreement between the user of the sound recording, the performer and the owner of the copyright. or between their representative collecting societies. (c) In the absence of an agreement contemplated in paragraph ( b ) , the user, performer or owner may refer the matter to the Copyright Tribunal referred to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act No. 32 of 1965). in section 29(1) or they may agree to (2) ( a ) The owner of the copyright who receives payment of a royalty in any performer whose terms of this section shall share such royalty with performance is featured on the sound recording in question and who would have been entitled section 5 of the Performers' Protection Act, 1967 (Act No. 11 of 1967). be determined by an to receive a royalty in that regard as contemplated in (b) The performer's share of the royalty shall agreement between the performer and the owner of copyright. or between their representative collecting societies. (c) In the absence of an agreement contemplated in paragraph (b), the performer or owner may refer the matter to the Copyright Tribunal referred to in section 29(1), or they may agree to refer the matter for arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965). ( d ) Any payment made by the user of the sound recording in terms of this that subsection shall be deemed to have discharged any obligation which to make any payment in respect of his or her use of a user might have corresponding fixation in terms of section 5 of the Performers' Protection Act, 1967 (Act No. 11 of 1967). (3) In the event of any right to a royalty being assigned to any successor in title, either by contractual arrangement, operation of law. testamentary disposition or otherwise, any successor in title shall be entitled to enforce such right to a royalty against the person who in terms of this section is obliged to pay or ayainst his or her successor in title.". Amendment of section 39 of Act 98 of 1978 the paragraph: (c) of following

4. Section 39 of the principal Act is hereby amended by the insertion after paragraph "(cA) in consultation with the Minister of Finance. providing for the establish- of collecting societies contem- ment. composition. funding and functions plated in section 9A. and any other matter that expedient to regulate for the proper functioning of such societies;". it may be necessary or Short title

5. This Act is called the Copyright Amendment Act. 2002. 45 . 50