Registration of copyright in cinematograph films in South Africa information
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Copyright in South Africa consists of various classes of works of intellectual property, which in terms of section 2(1) of the Copyright Act 98 of 1978 are eligible for copyright and that copyright can exist in them if they are original and comply with certain requirements.[1] The classes of works include literary works, musical works, artistic works, cinematograph films, sound recordings, and broadcasts. This article is about cinematograph film and the registration of copyright.[2]
In South Africa, both the Registration of Copyright in Cinematograph Films Act[3] and the Copyright Act [4] govern the registration of copyright in cinematograph films. The registration and enforcement of the copyright in cinematograph films is regulated by the Companies and Intellectual Property Commission (CIPC).[5]
The registering of copyright in cinematograph films in South Africa is administered by the Registrar and the CIPC. Section 6(1) of the Registration of Copyright in Cinematograph Films Act states that "only the owner of a cinematograph film may apply for a copyright and pay the prescribed fee", this is also stated in the Copyright Act.[6] Section 6(2) provides that "the registrar may accept or reject the application as they deem fit,[7] with the accepted applications being published with any conditions or limitations.[8] The applicant has six months to register their trademark after the application is advertised."[9]
^The Copyright Act 98 of 1978 sec 2(1).
^Dean (n1) 8.
^The Registration of Copyright in Cinematograph Films Act 62 of 1977.
^Copyright Act (n2).
^Universal City Studios Inc. and Another v Network Video (Pty) Ltd. 1986 ZA SCA 3.
^Registration of Copyright in Cinematograph Films Act (n4) sec 6(1).
^Registration of Copyright in Cinematograph Films Act (n4) sec 6(2).
^Registration of Copyright Cinematograph Films Act (n4) sec 7.
^Registration of Copyright in Cinematograph Films Act (n4) sec 8.
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