Copyright

Copyright is a branch of intellectual property which grants authors of works qualifying for copyright protection a number of exclusive rights. We provide some basic information on the subject in this section.

For further reading you might consult one of the publications listed below, or follow these links to other websites, which may be useful. Click Here

Dean, O.H.: Handbook of South African Copyright Law (Juta, Landsdowne, 1987)

The Law of South Africa Volume 5 Part 2 (LexisNexis Butterworths, Durban, 2004)

Many publications that either touch on or discuss copyright in South Africa are available. The above publications are merely a point of departure. We suggest you consult your local bookshop or library.

Intellectual property is the term used to describe the products of the mind, which embrace all forms of creative expression and technological innovation. Most countries protect intellectual property with laws of copyright, patents, trademarks and designs.

The South African Copyright Act 98 of 1978, as amended, governs all aspects of copyright in South Africa. It sets out what is protected, from what it is protected and for how long it is protected.

Copyright is territorial. The rights that are protected, the method of protection and even the period of protection can, and often do, differ from country to country. The principle of copyright protection is, however, common to all the nations which are signatories to the Berne Convention and the Universal Copyright Convention.

The countries of the Berne Union (of which South Africa is one) are obliged to incorporate certain basic principles, or minimum standards, in their national laws and are bound to offer reciprocal treatment to works emanating from other parties to the Berne Convention.

Protected works (works eligible for copyright) are:

• literary works
• musical works
• artistic works
• cinematograph films
• sound recordings
• broadcasts
• programme-carrying signals
• published editions
• computer programs

The three categories of protected works most relevant to DALRO are literary works, artistic works and published editions. While the Act defines literary works as including virtually every form of writing, in whatever mode or form expressed, literary quality is not a pre-requisite. In using the term "literary" the Act really means "written". Similarly, artistic quality, or a certain standard, is not necessary for a work to be protected as an artistic work: all paintings, sculptures, drawings, engravings and photographs qualify.

"Published edition" refers to the typographical arrangement of a literary work. Every book, for instance, contains two copyrights: one is the copyright in the expression of ideas - which usually, but not always, belongs to the author - and the other is the copyright in the typographical arrangement, which belongs to the publisher (there may also be further separate copyrights in the artwork contained in a book). If, for instance, you photocopy without permission a work which is no longer in copyright (more than fifty years have passed since the death of the author and the period of protection has ended) but which was published less than fifty years ago, you may have infringed the publisher’s copyright in the published edition.

For a work to qualify for copyright protection, it has to be original in the sense of not being a copy of another work, and it must exist in material form. There is no copyright in ideas because something as ethereal as an idea cannot receive legal protection, but as the idea is recorded in material form (in writing, on a canvas, as a photograph) copyright automatically arises. No formalities are required, and the work does not have to be registered.

Copyright in a literary, musical or artistic work generally belongs to the author of the work. There are some exceptions to this rule, mainly relating to circumstances of employment. For instance, if someone creates a work during the course of his or her employment, under a contract of service, copyright belongs to the employer. Employer and employee can, however, change this by mutual consent, through a contract. Copyright in a published edition belongs to the publisher.

In South Africa, copyright protection in literary, musical and artistic works lasts for the duration of the life of an author and 50 years after the author’s death. In the case of works of joint or multiple authorship, protection continues until 50 years after the death of the longest surviving author. If the work has not been published before the author dies the term of copyright continues to subsist for 50 years after the end of the year in which publication does take place. If publication never takes place, the duration of copyright is perpetual.

In many other countries, the countries of the European Union, for instance, and the United States, the duration of copyright is 70 years after the death of the author.

A copyright license grants the license holder, or licensee, the right to exercise such right(s) from the bundle of copyrights as are granted through a license agreement. The owner of the copyright remains the owner of the right(s) in question.

Licenses may be exclusive or non-exclusive.

A copyright owner can transfer some or all of his rights under copyright to another person or to a company by assignment. The copyrights in question are then the property of the assignee, and the original owner of the copyright can no longer exercise any further economic rights to the work that has been assigned. Assignment can be for the duration of the copyright, for instance where the rights are sold, or for a specific period, as would normally be the case when the work is given to a publisher.

We'll need you to send us the following:

• A list of existing works
• Photographs with which to identify works, or an indication in which reference works information can be obtained
• An indication where artwork of suitable quality for printing purposes can be obtained if required

Once a work has been sold, copyright in the artwork remains with the artist (except in the case of commissioned portraits) and he's entitled to a royalty for any use of the image, e.g. using the artwork in books. The artist also retains control over how the work may be used.

We don't fulfil the role of a gallery - we only administer the copyright vested in the artworks.

Please complete the enquiry form on the 'contact us' page or call the DALRO Arts department on 011 712-8330 for further information.

Are you an author or composers writing for musical theatre? Why don't you entrust the performance rights of your work to us here at DALRO?

• A complete copy of the text in electronic format, preferably Word
• A complete Piano-Vocal Score in electronic format (preferably Sibelius or Finale)
• A full score in Sibelius or Finale, or alternatively a full score and parts in PDF
• A demo recording on CD, if available
• A short synopsis of the storyline
• A character breakdown. An indication of vocal ranges and the gender split would be helpful
• A breakdown of scenes, if applicable
• The estimated duration of the musical
• Any prizes the work may have won
• If the work has been performed, please tell us. If any audio or audiovisual recordings were made, please send those on CD or DVD too.
• A short biography of the author(s)

The work you submit must be original. If the play is based on an existing literary text or film, or a derivative work such as a cinematograph film or translation based on an original work, and the existing or derivative work is protected. We'll need permission from the rightsholder to manage the rights - but we can help you do this.

Musical numbers should also be original. You can sometimes get permission for existing musical numbers to be included in a dramatic work, but it's unlikely you'll get clearance for music originally written for use in another dramatic context.

Kindly note that we reserve the right not to include work in our catalogue.

All DALRO will need is:

• A complete copy of the text in electronic format, preferably Word.
• A short teaser or synopsis of the work - no more than 100 words - for our catalogue
• A cast list. An indication of the gender split, and which characters can be played by either gender, would be helpful.
• A breakdown of scenes, if applicable
• The estimated duration of the play
• Any prizes the work may have won
• A short biography of the author(s)
• Information on whether the work has been performed

The work you submit must be original. If the play is based on an existing literary text or film, or a derivative work such as a cinematograph film or translation based on an original work, and the existing or derivative work is protected. We'll need permission from the rightsholder to manage the rights - but we can help you do this.

Please complete the enquiry form on the 'contact us' page or call our Theatricals division on 011 712-8330 for more information.

Kindly note that we reserve the right not to include work in our catalogue.