COPYRIGHT
About Copyright
Copyright law gives creators of original material the exclusive right to further use and duplicate that material for a given amount of time, at which point the copyrighted item becomes public domain.
Under the Copyright Act, the copyright holder (Business and or Individual) can expect benefits like modification, right to reproduction, distribution, freedom to public display, and general performance.
Many businesses use original, creative work in their day-to-day activities. For example, they may design, write or create images and or videos for their website, catalogues, marketing literature, or packaging. Copyright works could also include manuals, drawings, sketches, blueprints, photographs, brands, or logos. Copyright exists automatically in a work which has been reduced to a material form.
In South Africa, no registration procedure is required or possible, which often makes proof of the existence of copyright a complicated issue.
Copyright exists in pictures, paintings, books, software, photos and similar works. Generally, the owner of the copyright is the author of the work. There are however exceptions e.g. should the work be created in the course and scope of employment, the copyright on that work will belong to the employer.
In order to protect Copyright, one must be able to prove ownership thereof. It is therefore essential to retain all notes, advertising pamphlets and manuals, etc. showing the origination or development of the work and to mark the work with the copyright symbol © (year of first publication) (name of the copyright owner) e.g., © 2007 John Smith.
Copyright subsists for 50 years from the date of the death of the author. If the date of the author’s death is unknown, copyright exists for 50 years from the date on which the work was first made available to the public, i.e., published.