, LML4801 ASSIGNMENT 2 SEMESTER 2 2025
DUE DATE: SEPTEMBER 2025
Question 1
In South African copyright law, copyright subsists in various categories of works as defined
under the Copyright Act 98 of 1978. Two relevant categories in the present scenario are
sound recordings and broadcasts. Each has distinct rules regarding authorship and
ownership, which must be separately analysed.
A radio interview, once recorded, constitutes a sound recording within the meaning of section
1 of the Copyright Act. The “author” of a sound recording is statutorily defined as the person
by whom the arrangements necessary for the creation of the recording are undertaken1. In
practice, this would often be the broadcasting corporation or radio station that sets up, funds,
and manages the technical process of recording the interview, rather than the interviewer or
interviewee themselves. Consequently, the initial owner of the copyright in the sound
recording is that broadcasting body, unless an agreement to the contrary exists2.
The act of transmitting the interview over radio waves falls under the category of a broadcast.
Here, the “author” is the person or entity responsible for the transmission of the signal, usually
the broadcasting organization. According to section 21 of the Act, the broadcasting body is
therefore both the author and the owner of copyright in the broadcast3. The interviewee does
not become an author of the broadcast, as their role lies in providing content rather than
arranging or transmitting the signal.
It is important to distinguish the copyright in the recording and broadcast from any separate
rights in the interviewee’s spoken words. If the spoken words are sufficiently original, they may
themselves qualify as a literary work, in which case the interviewee could be the author and
initial owner of copyright in those words4. However, the exploitation of such literary copyright
may be subject to contractual transfer or licensing agreements with the broadcaster.
1
Copyright Act 98 of 1978, s 1 (definition of “author” in relation to a sound recording).
2
Dean, O.H. Handbook of South African Copyright Law (Juta, 2011) at 1–46.
3
Copyright Act 98 of 1978, s 21(1)(c).
4
Pistorius, T. “Authorship and Originality in South African Copyright Law” (2002) 119 South African Law
Journal 245, 260.
DUE DATE: SEPTEMBER 2025
Question 1
In South African copyright law, copyright subsists in various categories of works as defined
under the Copyright Act 98 of 1978. Two relevant categories in the present scenario are
sound recordings and broadcasts. Each has distinct rules regarding authorship and
ownership, which must be separately analysed.
A radio interview, once recorded, constitutes a sound recording within the meaning of section
1 of the Copyright Act. The “author” of a sound recording is statutorily defined as the person
by whom the arrangements necessary for the creation of the recording are undertaken1. In
practice, this would often be the broadcasting corporation or radio station that sets up, funds,
and manages the technical process of recording the interview, rather than the interviewer or
interviewee themselves. Consequently, the initial owner of the copyright in the sound
recording is that broadcasting body, unless an agreement to the contrary exists2.
The act of transmitting the interview over radio waves falls under the category of a broadcast.
Here, the “author” is the person or entity responsible for the transmission of the signal, usually
the broadcasting organization. According to section 21 of the Act, the broadcasting body is
therefore both the author and the owner of copyright in the broadcast3. The interviewee does
not become an author of the broadcast, as their role lies in providing content rather than
arranging or transmitting the signal.
It is important to distinguish the copyright in the recording and broadcast from any separate
rights in the interviewee’s spoken words. If the spoken words are sufficiently original, they may
themselves qualify as a literary work, in which case the interviewee could be the author and
initial owner of copyright in those words4. However, the exploitation of such literary copyright
may be subject to contractual transfer or licensing agreements with the broadcaster.
1
Copyright Act 98 of 1978, s 1 (definition of “author” in relation to a sound recording).
2
Dean, O.H. Handbook of South African Copyright Law (Juta, 2011) at 1–46.
3
Copyright Act 98 of 1978, s 21(1)(c).
4
Pistorius, T. “Authorship and Originality in South African Copyright Law” (2002) 119 South African Law
Journal 245, 260.
