COPYRIGHT PROTECTION FOR CINEMATOGRAPH FILM WORK
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The Copyright Act No.98 of 1978 makes provision for works that are eligible for copyright protection. Authenticity of creative work is protectable under copyright law. In its simplicity, copyright requires neither any registration nor significant formalities. However, cinematograph film works are an exception.
The motion-picture industry has received a lot of attention over the years. From talented and extraordinary actors to creative directors taking centre stage on international platforms. The Registration of Copyright in Cinematograph Films Act No.62 of 1977 makes provision for the protection of such works if they are original and do not infringe on any other existing work.
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The Copyright Act defines a cinematograph film work to be “ any fixation or storage by any means whatsoever on film or any other material of data, signals or a sequence of images capable, when used in conjunction with any other mechanical, electronic or other device, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a sound-track associated with the film, but shall not include a computer program”.
Cinematograph film work is eligible for copyright protection in terms of the Copyright Act. The registration office for copyright in cinematograph films was established to regulate and govern the registration and subsequent awarding of copyrights in respect of film works. The office allows for the registration of cinematograph films by the person whom the arrangements for the making of the film were made (author).
Applying for registration of copyright
Owners of a cinematograph film may apply for protection within the republic if they hold South African citizenship or if they are citizens of countries that are members of the Berne Convention.
Should the application for the registration of cinematograph be accepted, it is then required that the application be advertised. The registrar opens the application for opposition, allowing any interested persons to oppose the registration within a month of the date of advertisement.
Copyright provides protection for cinematograph film works subject to the provisions of the Copyright Act No.98 of 1978. These provisions afford the owner of copyright the right to reproduce, broadcast, publish and perform the work within the Republic, subsequent to a South African registration.
The term of copyright protection in cinematograph film work is 50 years from the end of the year in which the film was first made legally available to the public domain.
The Copyright Act provides that in the event of infringement, the copyright owner may apply to the courts to legally prohibit any acts of infringement. The court may also order delivery of all infringing articles to the copyright owner.
South African criminal law protects copyrights. Accordingly, in criminal proceedings, the prosecutor is required to prove the subsistence of copyright in the cinematograph film and prove existence of any act performed in contravention of the law.
The South African film industry contributes greatly towards economic development. The creative hard work, skill and talent of those involved in production of cinematograph film is encouraged and protected by Copyright.
