Copyright - Policy

UP Copyright Policy

What is Copyright?

Copyright is the right to copy. It is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. It is a property right given to authors or creators of "works", e.g. literary works, artistic works, musical works, sound recordings, films and broadcasts or computer programs, to control the copying or exploitation of their work. As a property right it can be transferred by sale, gift or legacy and by licence issued in order to duplicate. Even though laws differ between countries, the general principles are the same and require the permission of the copyright owner before a work can be copied or reproduced regardless of whether that be through electronic or conventional means.
Copyright gives the owner the legal right to do certain things to the work; for example, making a copy, publishing, broadcasting or giving a public performance and making adaptations to the work. Anyone else who does any of these things without the permission of the owner infringes copyright and may be sued by the owner for that infringement.

Who owns copyright in a work?

The author of a copyright work is generally the person who makes or creates the work, but this is not always the case. The word ‘Author’ is defined in the act as follows:
• In respect of a literary, musical or artistic work, to mean the person who first makes or creates the work;
• For a photograph, to mean the person who is responsible for the composition of the photograph;
• For a programme-carrying signal, to mean the first person emitting the signal to a satellite;
• For a published edition, to mean the publisher of the edition;
• For a computer program, to mean the person who exercised control over the making of the computer program.
The author or creator of the work is the owner of the copyright, unless the person is in employment, and the work is created in the course and scope of the employment, in which case the Employer holds the copyright. It is, however, possible for the creator of the work to share copyright as in joint authorship, or to contractually assign in writing, the copyright or part thereof, to a publisher or other third party, either on an outright basis or for a limited purpose or period.

Establishing copyright

For a work to qualify for copyright protection, it has to be original in the sense of not being a copy of another work, and it must exist in material form. There is no copyright in ideas because something as ethereal as an idea cannot receive legal protection, but as the idea is recorded in material form (in writing, on a canvas, as a photograph) copyright automatically arises. No formalities are required, and the work does not have to be registered.

Duration of copyright

In South Africa, copyright protection in literary, musical and artistic works lasts for the duration of the life of an author and 50 years after the author’s death. In the case of works of joint or multiple authorship, protection continues until 50 years after the death of the longest surviving author. If the work has not been published before the author dies the term of copyright continues to subsist for 50 years after the end of the year in which publication does take place. If publication never takes place, the duration of copyright is perpetual.
In many other countries, the countries of the European Union, for instance, and the United States, the duration of copyright is 70 years after the death of the author.

What does copyright protect?

Copyright provides copyright owners fairly substantial control over their work. The four basic protections are:
• The right to make copies of the work;
• The right to sell or otherwise distribute copies of the work;
• The right to prepare new works based on the protected work;
• The right to perform the protected work (such as a stage play or painting) in public.

Which works are protected by copyright?

Copyright applies to all original works which have been reduced to material form and this may include any means of recording. According to Section 2(1) of the Copyright Act No. 98 of 1978, copyright protects works "fixed in any tangible medium of expression" in these categories:
• Literary works
• Musical works
• Artistic works
• Cinematograph films
• Sound recordings
• Broadcasts
• Programme-carrying signals
• Published editions
• Computer programs

Use of copyrighted works

Reading a book from the library, listening to music from a CD you have purchased, watching a DVD you have rented, are all legitimate personal uses of copyrighted works. Reproducing, copying, distributing, making derivate works of, publicly performing the work are not.
The university does not own copyright in all the copyrighted works its staff and students needs to read. In the print world, this means the library must buy books and subscribe to journals. To fully utilize print works, the university may need to:
• Obtain permission to make photocopies for
o Library short-loan reserves
o Electronic reserved copies (Click-up)
o Course packs or single item handout
• Obtain permission to digitize, display, perform or distribute print works

What are Moral rights?

The author of a work has the right to claim authorship and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to his or her honour or reputation. This means that the author has the right to be identified as the author (right of paternity) and the right to object to any adaptation of the work which would reflect badly on him or her (the right to integrity)

Copyright violation

Only the copyright owner may do, or authorize the doing, of the following in respect of work: reproduce it in any manner or form; publish it; perform it in public; broadcast it; transmit it in a diffusion service; or adapt it. Anyone who performs any of these actions without permission in respect of the work has infringed copyright.

Why University of Pretoria is concerned about copyright?

As both users and producers of copyrighted works, University of Pretoria rely on copyright and have an interest in fostering respect for copyright and in promoting the availability and use of copyrighted works for research and education. Copyright law increasingly is becoming the focus of significant attention in society, and consequently, university may wish to provide information about copyright law as part of their educational activities. Copyright infringement is unlawful, and the adoption of a copyright policy affords University of Pretoria an opportunity to make this point clear to students and staff.