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Copyright law protects the material expression of ideas, apart from the physical embodiment of the work in which they are expressed. All matters relating to copyright are regulated by the Copyright Act 98 of 1978. Copyright has a few unique characteristics: • copyright rights are territorial in nature – the law of the country in which protection is sought governs copyright. • Copyright is a negative right – the right to stop others from doing certain things, in other words, to stop pirates, counterfeiters, imitators. • Copyright is a bundle of rights – it protects the author’s moral rights (to be identified as author of the work) and economic rights to exploit the work commercially). • Copyright protects material expressions rather than ideas underlying the work, but exists separately from the physical embodiment of the work. • Copyright is an exclusive right of limited duration, subject to limitations and exceptions – as soon as the term of copyright expires the work falls in the public domain and can be freely used by others. In copyright law it is important to draw a clear distinction between the author of the work and the holder of the copyright. It is standard practice to refer to the holder of copyright as the copyright owner. Even though the term “owner” is not correct since only corporeals can be owned, therefore the term “quasi- ownership” should be applied to incorporeals such as copyright rights. ___________________________________________________________ Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law stems from a desire to improve upon the lives of the vulnerable who fall prey to a corrupt system. I studied at the University of Johannesburg where I obtained my Bachelor of Laws degree, the starting point to the long journey of becoming a legal practitioner. This profession has taught me to persevere through the complexities of the law and to continually develop my skills as a legal professional.
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A mix of 22 clauses that can be inserted into a copyright contract, including: 1.Ownership of copyright agreement 2.Ownership of copyright in commissioned works 3. Regulation of ownership copyright between joint authors 4. Exclusion of underlying works.
Agreement whereby an employee has assisted in the creation of a certain works and ceding over of the copyrights and waiving any rights in favour of the assignee in any rights to authorship.
Passing over of copyrights in relation to works that have already accrued as well as those that are yet to accrue.
Agreement between assignor and asignee whereby the terms are set out for Assignor claims to be and warrants that it is the creator of and owner of copyright.
Agent assigns to the Principal all its right, title and interest in and to all copyright and other rights in the materials, including future copyright, as the materials are created. Such agreement containing all the clauses to make a complete agreement.
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