INTRODUCTION TO COPYRIGHT
Copyright formula
- Protectable work,
- Which is original,
- In a material form,
- Made by a qualified person / publication.
When copyright subsists (exists)
Berne Convention copyright automatically exists when eligibility criteria is met
- Exception CF needs to be registered in terms of the CFA.
- Registering a copyright simply creates a rebuttable presumption that you own
the copyright not that the copyright exists.
REQUIREMENTS FOR WORK TO BE COPYRIGHTABLE
Step 1 it must be work
S1 CRA 9 categories of work
- Work can be in more than 1 category more protection.
1. Literary Work
- Unclosed list.
- Author the writer / creator of the work.
2. Musical Work
- Closed list musical notes and composition of a tune
o Excludes the words (singing) and action (dancing) performed with the
music.
, - The work is the actual melody performed but it is reduced to its material form
music sheets.
- Author the composer / songwriter.
3. Artistic Work
- Closed list paintings, sculptures, drawings, engravings, photographs, works
of craftmanship.
- Saunders Valve v Klep Valve
o Architecture drawings are included in AW.
- Author the artist who creates the work.
4. Cinematograph Film
- Closed list storage of film, when used with another device, is seen as
moving pictures, capable of reproduction
o This includes things like a music video moving pictures and sound
are protected under CF but they can be removed from each other and
protected on their own.
- Author person who plans for the making of the film.
5. Sound Recording
- Closed list storage of data representing sounds that are capable of being
reproduced
o This excludes a soundtrack associated with CF.
- Author person who plans for the making of the sound recording.
, 6. Broadcast
- Closed list images / sound which are broadcasted live, to the public.
- Author first broadcaster.
7. Programme-carrying signal
- Closed list signal embodying a program emitted through a satellite.
- Author first person emitting that signal to the satellite.
8. Published editions
- Closed list first print of a typographical arrangement of a LW / MW
o How the work is laid out not the content of the work.
- Author publisher of the edition.
9. Computer program
- Closed list set of stored instruction that directs a computer to bring about a
result
o The actual computer program (Word) is protected under CP the
programming language which makes the computer work the program
(code) is protected under LW.
- CP must be in its final stage of development preliminary work is LW.
- Author person who exercises control over the making of CP (Softcopy
case).
Step 2 eligibility criteria
All 3 requirements must be proven for copyright to subsist
Copyright formula
- Protectable work,
- Which is original,
- In a material form,
- Made by a qualified person / publication.
When copyright subsists (exists)
Berne Convention copyright automatically exists when eligibility criteria is met
- Exception CF needs to be registered in terms of the CFA.
- Registering a copyright simply creates a rebuttable presumption that you own
the copyright not that the copyright exists.
REQUIREMENTS FOR WORK TO BE COPYRIGHTABLE
Step 1 it must be work
S1 CRA 9 categories of work
- Work can be in more than 1 category more protection.
1. Literary Work
- Unclosed list.
- Author the writer / creator of the work.
2. Musical Work
- Closed list musical notes and composition of a tune
o Excludes the words (singing) and action (dancing) performed with the
music.
, - The work is the actual melody performed but it is reduced to its material form
music sheets.
- Author the composer / songwriter.
3. Artistic Work
- Closed list paintings, sculptures, drawings, engravings, photographs, works
of craftmanship.
- Saunders Valve v Klep Valve
o Architecture drawings are included in AW.
- Author the artist who creates the work.
4. Cinematograph Film
- Closed list storage of film, when used with another device, is seen as
moving pictures, capable of reproduction
o This includes things like a music video moving pictures and sound
are protected under CF but they can be removed from each other and
protected on their own.
- Author person who plans for the making of the film.
5. Sound Recording
- Closed list storage of data representing sounds that are capable of being
reproduced
o This excludes a soundtrack associated with CF.
- Author person who plans for the making of the sound recording.
, 6. Broadcast
- Closed list images / sound which are broadcasted live, to the public.
- Author first broadcaster.
7. Programme-carrying signal
- Closed list signal embodying a program emitted through a satellite.
- Author first person emitting that signal to the satellite.
8. Published editions
- Closed list first print of a typographical arrangement of a LW / MW
o How the work is laid out not the content of the work.
- Author publisher of the edition.
9. Computer program
- Closed list set of stored instruction that directs a computer to bring about a
result
o The actual computer program (Word) is protected under CP the
programming language which makes the computer work the program
(code) is protected under LW.
- CP must be in its final stage of development preliminary work is LW.
- Author person who exercises control over the making of CP (Softcopy
case).
Step 2 eligibility criteria
All 3 requirements must be proven for copyright to subsist
