Copyright in South Africa is governed by the Copyright Act, No. 98 of 1978, and the country is a member of the Berne Convention for the Protection of Literary and Artistic Works. Copyright grants the creator exclusive rights to prevent others from exploiting their work commercially, such as reproducing or adapting it without permission.

What Works Are Protected by Copyright?

In South Africa, copyright protection applies to original works that include:

• Literary works (e.g., books, articles).
• Musical works (e.g., songs, compositions).
• Artistic works (e.g., paintings, sculptures).
• Cinematographic works (e.g., films).
• Computer programs.

For a work to qualify for copyright protection, it must be original and the product of the author’s own skill and effort. Additionally, the work must be reduced to a material form – written, recorded, or represented digitally – for copyright to subsist.

How Is Copyright Obtained?

Unlike patents, designs, and trade marks, copyright is automatic in South Africa. There is no need to register a work to obtain protection.

Who Owns the Copyright?

Generally, the author or creator of the work is the first owner of the copyright. However, there are exceptions. For example, if a person commissions a work (such as a photograph, portrait, or sound recording) and pays for it, they will own the copyright in the commissioned work.

In the case of computer programs, the author is considered the person who exercised control over the creation of the program.

Copyright can also be transferred to another party through a written assignment agreement.

Remedies for Copyright Infringement

If someone infringes your copyright, you may be entitled to:

• An interdict (court order) to stop the infringer.
• The surrender of infringing copies or plates used for reproduction.
• Damages or a reasonable royalty, depending on your choice.
• Recovery of legal costs.

How We Can Help

At Wolmarans and Susan Inc., our copyright services include:

• Preparation of legal opinions on the validity and enforceability of copyright.
• Enforcement of copyright rights, including actions against ex-employees.
• Defend against copyright infringement claims.
• Conducting copyright due diligence investigations.
• Registration of cinematographic films.
• Management of copyright portfolios and providing escrow services.

Contact us today to safeguard your copyright and ensure it is fully protected.