Copyright in South Africa is governed by the Copyright Act No. 98 of 1978 which provides legal protection to creators, authors or others, of certain types of works as stated in the Act. This Act provides very clear guidelines and ENS (Edward Nathan Sonnenbergs) is able to ensure your copyright protection is in keeping with these. ENS has a dedicated intellectual property (IP) department that offers assistance in copyright together with other areas of IP such as patents, trademarks and designs. The difference between copyright and other forms of IP is that copyright does not need to be registered and works are automatically protected.
Copyright protection prevents others from reproducing original work or making copies based on an original. It also prevents performance or display of any work in public. Various examples of where copyright exists include literature, IT, art, music, films, sound recordings and radio and television. The owner of the copyright can be transferred and duration of ownership can vary. The general duration is 50 years from when the work was completed, however, in other areas the duration of 50 years comes into play from the end of the year in which the creator dies. In the case of films, however, registration is provided for and the duration of ownership is 50 years from the end of the year that the work was first published or broadcast.
By consulting our IP department and utlising ENS’ expertise in copyrights, clients are able to alleviate any concerns that might arise around this and gain a full understanding of the requirements associated to their specific work. In addition, as a full service law firm we are able to refer to other business areas within the firm if necessary, such as civil and criminal litigation, ensuring our clients enjoy a competitive advantage through the pro-active and effective strategic management of their copyright needs.