COPYRIGHT INFORMATION

What is the difference between copyright and other intellectual property

Copyright in South Africa, like in many other countries, is different from other forms of intellectual property in that it is not a right that needs to be registered (except in the USA). Unlike patents, trademarks or registered designs, copyright stays with the author of a work once the work is created in a traceable form.

What is eligible for copyright protection?

 In terms of the South African Copyright Act (No. 98 of 1978), the following works, if original, are eligible for copyright protection:

• Literary works (eg. novels, poems, textbooks)

• Musical works & Artistic works

• Cinematograph films & Sound recordings

• Published editions of books

• Computer programs

Exceptions to authorship of Copyrighted works in terms of the South African Copyright Act.

The author is usually regarded as the first owner of the work. However, there are exceptions to this. These include:

• Literary or artistic works made by an author when employed by a newspaper, magazine or the like. In this case, authorship remains with the publisher. However, authorship remains with the author for the unused sections.

• If the work was created while the author was employed, then the authorship is owed to the employer

How long is the Copyright valid in terms of the South African Copyright Act.

This depends on the type of work that has been created. Generally, the term of copyright is 50 years, subject to the following:

• Literary, musical or artistic works - copyright exists for the life of the author plus fifty years following death. When copyright expires, the work falls into the public domain, and may be freely used and exploited by anyone.

• Published editions - fifty years from the end of the year in which the edition is published.Even when copyright in the literary work has expired, copyright in the published edition may still be valid.

How do I get copyright in my book?
In South Africa one does not register copyright (apart from cinematograph films) – copyright arises as you express your ideas on the page.

If I tell someone my idea for a plot, and they subsequently write a book, how can I prove the idea was mine?
There is “no copyright in ideas”.

What is plagiarism?
If someone passes off your work as his or her own (e.g. publishes it without acknowledgement) this is plagiarism.