LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
,LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
Question 1
Assume that copyright subsists in the recording and the broadcast comprising the aired
radio interview. Who is/are the likely authors and owners of the copyright in these
works?
Legal Framework
The Copyright Act 98 of 1978 recognises sound recordings and broadcasts as
distinct categories of protected works. The allocation of authorship and ownership
depends on statutory definitions and rules on employment or commissioning.
• Sound recording: Section 1(1)(iv)(c) defines the author as “the person who
makes the arrangements for the first fixation of the sounds.” Ownership initially
vests in the author but is subject to section 21, which reallocates ownership to
employers or commissioning parties where applicable.
• Broadcast: Section 1(1)(iv)(e) designates the broadcaster as the author. Section
21(1) provides that ownership vests in the broadcaster.
• Contractual modification: The statutory defaults may be displaced by explicit
contractual terms assigning rights differently.
Application to the Facts
• Sound recording: The interview was arranged, recorded, and produced by the
radio station’s staff (e.g., producers and engineers). Even if a specific employee
or technical operator qualifies as the “author” of the fixation in a narrow sense,
, the work was created in the course of employment. Section 21(1)(d) vests
ownership in the radio station as employer. If the recording had been outsourced
to an independent contractor, initial ownership would vest in the contractor unless
an assignment transferred rights to the station.
• Broadcast: The radio station, as broadcaster, is by statutory definition both
author and first owner of the broadcast. No further enquiry into individual
contributors is necessary.
• Performer’s rights: Ryno, as interviewee and performer, holds neighbouring
rights (such as the right to be identified and to prevent prejudicial distortion of his
performance). However, these rights coexist with, and do not displace, the
station’s copyright in the recording and broadcast.
Conclusion
In the ordinary scenario, the radio station is the author and owner of the broadcast
and, absent special contracting or outsourcing, also the owner of the sound
recording. The only qualifications arise where recording is independently
commissioned, in which case ownership may initially vest elsewhere before being
assigned. Ryno retains performer’s rights, but these do not affect the station’s copyright
ownership.
Assignment 2
Semester 2 2025
Due 18 September 2025
,LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
Question 1
Assume that copyright subsists in the recording and the broadcast comprising the aired
radio interview. Who is/are the likely authors and owners of the copyright in these
works?
Legal Framework
The Copyright Act 98 of 1978 recognises sound recordings and broadcasts as
distinct categories of protected works. The allocation of authorship and ownership
depends on statutory definitions and rules on employment or commissioning.
• Sound recording: Section 1(1)(iv)(c) defines the author as “the person who
makes the arrangements for the first fixation of the sounds.” Ownership initially
vests in the author but is subject to section 21, which reallocates ownership to
employers or commissioning parties where applicable.
• Broadcast: Section 1(1)(iv)(e) designates the broadcaster as the author. Section
21(1) provides that ownership vests in the broadcaster.
• Contractual modification: The statutory defaults may be displaced by explicit
contractual terms assigning rights differently.
Application to the Facts
• Sound recording: The interview was arranged, recorded, and produced by the
radio station’s staff (e.g., producers and engineers). Even if a specific employee
or technical operator qualifies as the “author” of the fixation in a narrow sense,
, the work was created in the course of employment. Section 21(1)(d) vests
ownership in the radio station as employer. If the recording had been outsourced
to an independent contractor, initial ownership would vest in the contractor unless
an assignment transferred rights to the station.
• Broadcast: The radio station, as broadcaster, is by statutory definition both
author and first owner of the broadcast. No further enquiry into individual
contributors is necessary.
• Performer’s rights: Ryno, as interviewee and performer, holds neighbouring
rights (such as the right to be identified and to prevent prejudicial distortion of his
performance). However, these rights coexist with, and do not displace, the
station’s copyright in the recording and broadcast.
Conclusion
In the ordinary scenario, the radio station is the author and owner of the broadcast
and, absent special contracting or outsourcing, also the owner of the sound
recording. The only qualifications arise where recording is independently
commissioned, in which case ownership may initially vest elsewhere before being
assigned. Ryno retains performer’s rights, but these do not affect the station’s copyright
ownership.
