Copyright in South Africa: A Guide for Creatives

In South Africa, copyright is governed mainly by the Copyright Act 98 of 1978. It protects original works that have been written down, recorded or otherwise reduced to a material form. Protected works include literary works (books, scripts, lyrics, articles), musical works, artistic works (paintings, drawings, photographs, sculptures and works of architecture), cinematograph films, sound recordings, broadcasts, published editions and computer programs.

Copyright protects the expression of an idea, not the idea itself. A concept for a film or an exhibition is not protected until it is expressed in a tangible form, such as a treatment, a script or the finished work.

No. Copyright arises automatically once an original work is created in material form by a qualifying person, and there is no general registration system. Cinematograph films are the exception: their copyright may be registered voluntarily, which can make it easier to prove ownership. For all works, keeping dated drafts, original files, metadata and correspondence is the most practical way to show that a work is yours and when you made it.

As a general rule the author, the person who created the work, is the first owner of copyright. There are important exceptions. Work made by an employee in the course of employment usually belongs to the employer. Where someone commissions and pays for certain works, such as a photograph, a portrait or a film, the person who commissioned it may own the copyright unless the parties agree otherwise. Collaborations can create joint ownership.

Because these rules can work against creatives, it is wise to agree on ownership in writing before a project starts.

You can transfer (assign) copyright or grant others permission (a licence) to use your work. An assignment, and an exclusive licence, must be in writing and signed to be valid. A licence can be limited by territory, period, medium and purpose, so you can keep control of your work while still earning from it. Read every clause about rights, royalties and duration carefully before you sign.

For literary, musical and artistic works, copyright generally lasts for the life of the author plus 50 years. For films, sound recordings, photographs, broadcasts and published editions, it generally lasts 50 years from the year the work was made, published or broadcast, depending on the type of work.

Reproducing, adapting, publishing, performing or broadcasting a protected work without permission may infringe copyright, unless an exception such as fair dealing for research, criticism, review or news reporting applies. If your work is being used without permission, keep evidence of the use and of your ownership, and seek advice before taking action. Legal time limits may apply.