Copyright Act, 1978 (Act No. 98 of 1978)Chapter 1 : Copyright in Original Works15. General exceptions from protection of artistic works |
| (1) | The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such inclusion is merely by way of background, or incidental, to the principal matters represented in the film, broadcast or transmission. |
| (2) | The copyright in a work of architecture or in the relevant drawings shall not be infringed by the reconstruction of that work on the same site in the same style as the original. |
| (3) | The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place. |
| (3A) |
| (a) | The copyright in an artistic work of which three-dimensional reproductions were made available, whether inside or outside the Republic, to the public by or with the consent of the copyright owner (hereinafter referred to as authorised reproductions), shall not be infringed if any person without the consent of the owner makes or makes available to the public three-dimensional reproductions or adaptations of the authorised reproductions, provided— |
| (i) | [Section 15(3A)(a)(i) deleted by section 2(1)(a) of Act No. 13 of 1988] |
| (ii) | the authorised reproductions primarily have a utilitarian purpose and are made by an industrial process. |
| (b) | [Section 15(3A)(b) deleted by section 2(1)(b) of Act No. 13 of 1988] |
| (4) | The provisions of section 12(1), (2), (4), (5), (9), (10), (12) and (13) shall mutatis mutandis, in so far as they can be applied, apply with reference to artistic works. |