Copyright Act, 1978 (Act No. 98 of 1978)

Chapter 4 : Extension or Restriction of Operation of Act

37. Application of Act to countries to which it does not extend
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(1)The Minister may by notice in the Gazette provide that any provision of this Act specified in the notice shall in the case of any country so specified apply—
(a)in relation to literary, musical or artistic works, computer programs, cinematograph films, sound recordings and published editions first published in that country as it applies in relation to literary, musical or artistic works, computer programs, cinematograph films, sound recordings and published editions first published in the Republic;
(b)in relation to persons who at a material time are citizens or subjects of that country as it applies in relation to persons who at such a time are South African citizens;
(c)in relation to persons who at a material time are domiciled or resident in that country as it applies in relation to persons who at such a time are domiciled or resident in the Republic;
(d)in relation to bodies incorporated under the laws of that country as it applies in relation to bodies incorporated under the laws of the Republic;
(e)in relation to broadcasts made and programme-carrying signals emitted to a satellite from places in that country as it applies in relation to broadcasts made and programme-carrying signals emitted to a satellite from a place in the Republic.

 

(2)A notice under this section may provide—
(a)that any provisions referred to therein shall apply subject to such exceptions or modifications as may be specified in the notice;
(b)that such provisions shall so apply either generally or in relation to such classes of works or classes of cases as may be so specified.

 

(3)No notice shall be issued under this section in respect of any country which is not a party to a convention relating to copyright to which the Republic is also a party, unless the Minister is satisfied that, in respect of the class of works to which the notice relates, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under this Act.