(i) falls within the application of this Act; and (ii) is still exploited for profit. The Minister must prescribe the process to give effect to the application (b) of this section to a work contemplated in paragraph (a). The share in the royalty only applies to royalties received, in respect of a (c) work contemplated in paragraph after the commencement date of the (a), Copyright Amendment Act, 2019.’’. Amendment of section 7 of Act 98 of 1978, as amended by section 4 of Act 56 of 1980 and section 7 of Act 125 of 1992 6. Section 7 of the principal Act is hereby amended— by the insertion after paragraph of the following paragraphs: (a) (d) communicating the work to the public by wire or wireless means; ‘‘(dA) making the work available to the public by wire or wireless so (dB) that any member of the public may access the work from a place and at a time chosen by that person;’’; and by the substitution for paragraph of the following paragraph: (b) (f) doing, in relation to an adaptation of the work, any of the acts specified ‘‘(f) [in relation to the work] in paragraphs to [(d)] inclusive.’’. (a) (dB) Insertion of section 7A, 7B, 7C, 7D, 7E and 7F in Act 98 of 1978 The following sections are hereby inserted in the principal Act after section 7: 7. in royalties regarding visual artistic works ‘‘Share 7A. (1) For the purposes of this section, means the gross profit ‘royalty’ made on the exploitation of a visual artistic work by a copyright owner or a person who has been authorized by the author to do any of the acts contemplated in section 7, but does not include profit made on the commercial resale of a visual artistic work contemplated in section 7B. Notwithstanding— (2) the assignment of the copyright in a visual artistic work; or (a) the authorization by the author of a visual artistic work of the right to do (b) any of the acts contemplated in section 7, the author shall have the right to share in the royalty received for the execution of
(i) falls within the application of this Act; and (ii) is still exploited for profit. (b) The Minister must prescribe the process to give effect to the application of this section to a work contemplated in paragraph (a). (c) The share in the royalty only applies to royalties received, in respect of a work contemplated in paragraph (a), after the commencement date of the Copyright Amendment Act, 2019.’’. Amendment of section 7 of Act 98 of 1978, as amended by section 4 of Act 56 of 1980 and section 7 of Act 125 of 1992 6. Section 7 of the principal Act is hereby amended— (a) by the insertion after paragraph (d) of the following paragraphs: ‘‘(dA) communicating the work to the public by wire or wireless means; (dB) making the work available to the public by wire or wireless so that any member of the public may access the work from a place and at a time chosen by that person;’’; and (b) by the substitution for paragraph (f) of the following paragraph: ‘‘(f) doing, in relation to an adaptation of the work, any of the acts specified [in relation to the work] in paragraphs (a) to [(d)] (dB) inclusive.’’. Insertion of section 7A, 7B, 7C, 7D, 7E and 7F in Act 98 of 1978 7. The following sections are hereby inserted in the principal Act after section 7: ‘‘Share in royalties regarding visual artistic works 7A. (1) For the purposes of this section, ‘royalty’ means the gross profit made on the exploitation of a visual artistic work by a copyright owner or a person who has been authorized by the author to do any of the acts contemplated in section 7, but does not include profit made on the commercial resale of a visual artistic work contemplated in section 7B. (2) Notwithstanding— (a) the assignment of the copyright in a visual artistic work; or (b) the authorization by the author of a visual artistic work of the right to do any of the acts contemplated in section 7, the author shall have the right to share in the royalty received for the execution of
Copyright_Amendment_Bill.B_Bill.Draft_3.Edited.2018.09.10_1.docx