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Legislative Texts
SOUTH AFRICA
1965 (Act No. 42 of 1965), or alternatively, at the option of the majority of the performers, by the Copyright
Tribunal established by the Copyright Act, 1965 (Act No. 63 of 1965).
7. Term of protection.–The prohibition against the use of a performance without the consent of the
performer as provided for in section 5, shall commence upon the day when the performance first took place
or, if incorporated in a phonogram, when it was first fixed on such phonogram, and shall continue for a period
of twenty years calculated from the end of the calendar year in which the performance took place or was
incorporated in a phonogram, as the case may be.
8. Exceptions from prohibition against use of performance without the consent of the
performer.–
(1) If a performer consents to the incorporation of his performance in a visual or audio-visual
fixation, section 5 (1) shall cease to apply in respect of the performance so fixed.
(2) A performance, a fixation of a performance or a reproduction of such a fixation may be used
without the consent required by section 5–
(a) if it is for the purposes of private study or personal and private use; or
(b) if it is for the purposes of criticism or review or for the purpose of reporting on current events,
provided that not more than short excerpts from the performance are used and, whenever
possible, the performer’s name or the names of the leading performers are acknowledged; or
(c)
if it is for the purposes of teaching or scientific research; or
(d) if it is for the purpose of legal proceedings; or
(e) if it is for the demonstration of recording, amplifying or similar apparatus, provided that the
demonstration is made by a licensed dealer on his premises to a specific client.
(3)
(a)
The Corporation may make by means of its own facilities a fixation of a performance and
reproductions of such fixation without the consent required by section 5, provided that, unless
otherwise stipulated–
(i) the fixation and the reproductions thereof are used solely in the broadcasts made by the
Corporation;
(ii) the fixation and any reproductions thereof, if they are not of an exceptional documentary
character, are destroyed before the end of the period of six months commencing on the day
on which the fixation was first made; and
(iii) the Corporation pays to the performer, whose performance is so used, in respect of each
use of the fixation or of any reproduction thereof, an equitable remuneration, which, in the
absence of agreement, shall be determined in accordance with the provisions of the
Arbitration Act, 1965 (Act No. 42 of 1965), or alternatively, at the option of the
performer, by the Copyright Tribunal established by the Copyright Act, 1965 (Act No. 63
of 1965).
(b)
The fixation and the reproductions thereof made under the provisions of this subsection
may, on the grounds of their exceptional documentary character, be preserved in the archives of the
Corporation but shall, subject to the provisions of this Act, not be further used without the consent of
the performer.
(4) The general exceptions from copyright protection of literary and artistic works provided by
sections 7 and 10 of the Copyright Act, 1965, shall apply mutatis mutandis in respect of performances.
9. Offences and penalties.–
(1) Any person–
(a) who knowingly contravenes any of the provisions of section 5 (1); or
(b) who knowingly sells or lets for hire or distributes for the purposes of trade, or by way of trade
exposes or offers for sale or hire, any fixation of a performance or a reproduction of such a
fixation made in contravention of section 5; or
ZA005EN
Performers Protection, Act, 10/02/1967, No. 11
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