Copyright Act, 1978 (Act No. 98 of 1978)Chapter 2 : Infringements of Copyright and Remedies23. Infringement |
| (1) | Copyright shall be infringed by any person, not being the owner of the copyright, who, without the licence of such owner, does or causes any other person to do, in the Republic, any act which the owner has the exclusive rights to do or to authorise. |
| (2) | Without derogating from the generality of subsection (1), copyright shall be infringed by any person who, without the licence of the owner of the copyright and at a time when copyright subsists in a work— |
| (a) | imports an article into the Republic for a purpose other than for his private and domestic use; |
| (b) | sells, lets, or by way of trade offers or exposes for sale or hire in the Republic any article; |
| (c) | distributes in the Republic any article for the purposes of trade, or for any other purpose, to such an extent that the owner of the copyright in question is prejudicially affected; or |
| (d) | acquires an article relating to a computer program in the Republic, if to his knowledge the making of that article constituted an infringement of that copyright or would have constituted such an infringement if the article had been made in the Republic. |
| (3) | The copyright in a literary or musical work shall be infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work: Provided that this subsection shall not apply in a case where the person permitting the place of public entertainment to be so used was not aware and had no reasonable grounds for suspecting that the performance would be an infringement of the copyright. |
| (4) | [Section 23(4) deleted by section 20(c) of Act No. 125 of 1992] |