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Summary IGZ 320: EVERYTHING FOR SEMESTER TEST 1 (2023) - COPYRIGHT WORKS + EXCEPTIONS AND LIMITATIONS TO COPYRIGHT $5.71   Add to cart

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Summary IGZ 320: EVERYTHING FOR SEMESTER TEST 1 (2023) - COPYRIGHT WORKS + EXCEPTIONS AND LIMITATIONS TO COPYRIGHT

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INCLUDES: COPYRIGHT WORK (LECTURE NOTES + CASE LAW + LEGISLATION). ESTABLISHING COPYRIGHT (LECTURE NOTES + CASE LAW + LEGISLATION). EXCEPTIONS AND LIMITATIONS TO COPYRIGHT PROTECTION (LECTURE NOTES + CASE LAW + LEGISLATION).

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  • January 16, 2024
  • 17
  • 2023/2024
  • Summary
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INTRODUCTION TO COPYRIGHT

Copyright formula

- Protectable work,

- Which is original,

- In a material form,

- Made by a qualified person / publication.



When copyright subsists (exists)

Berne Convention  copyright automatically exists when eligibility criteria is met

- Exception  CF needs to be registered in terms of the CFA.

- Registering a copyright simply creates a rebuttable presumption that you own

the copyright  not that the copyright exists.



REQUIREMENTS FOR WORK TO BE COPYRIGHTABLE

Step 1  it must be work

S1 CRA  9 categories of work

- Work can be in more than 1 category  more protection.



1. Literary Work

- Unclosed list.

- Author  the writer / creator of the work.

2. Musical Work

- Closed list  musical notes and composition of a tune

o Excludes the words (singing) and action (dancing) performed with the

music.

, - The work is the actual melody performed but it is reduced to its material form

 music sheets.

- Author  the composer / songwriter.



3. Artistic Work

- Closed list  paintings, sculptures, drawings, engravings, photographs, works

of craftmanship.

- Saunders Valve v Klep Valve

o Architecture drawings are included in AW.

- Author  the artist who creates the work.



4. Cinematograph Film

- Closed list  storage of film, when used with another device, is seen as

moving pictures, capable of reproduction

o This includes things like a music video  moving pictures and sound

are protected under CF but they can be removed from each other and

protected on their own.

- Author  person who plans for the making of the film.



5. Sound Recording

- Closed list  storage of data representing sounds that are capable of being

reproduced

o This excludes a soundtrack associated with CF.

- Author  person who plans for the making of the sound recording.

, 6. Broadcast

- Closed list  images / sound which are broadcasted live, to the public.

- Author  first broadcaster.



7. Programme-carrying signal

- Closed list  signal embodying a program emitted through a satellite.

- Author  first person emitting that signal to the satellite.



8. Published editions

- Closed list  first print of a typographical arrangement of a LW / MW

o How the work is laid out  not the content of the work.

- Author  publisher of the edition.



9. Computer program

- Closed list  set of stored instruction that directs a computer to bring about a

result

o The actual computer program (Word) is protected under CP  the

programming language which makes the computer work the program

(code) is protected under LW.

- CP must be in its final stage of development  preliminary work is LW.

- Author  person who exercises control over the making of CP (Softcopy

case).



Step 2  eligibility criteria

All 3 requirements must be proven for copyright to subsist

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