Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM0

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

PART XIV
TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004
Interpretation of this Part
262.  In this Part —
“appointed day” means 1st July 2004*;
*  Date of commencement of section 2(a), (b), (g) and (h) of the Intellectual Property (Miscellaneous Amendments) Act 2004 (Act 21 of 2004).
“performance” has the same meaning as in section 246.
[21/2004]
Works published before appointed day
263.
—(1)  Copyright shall not subsist by virtue of Part III in any work first published before the appointed day unless copyright subsisted in that work immediately before that day under that Part in force immediately before that day.
[21/2004]
(2)  Section 212 shall not apply in relation to any photograph first taken before 10th April 1987 unless copyright subsisted in that photograph immediately before the appointed day under Part III and that section in force immediately before that day.
[21/2004]
Other subject-matter published before appointed day
264.
—(1)  Copyright shall not subsist by virtue of Part IV in any sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such recording or film immediately before that day under that Part in force immediately before that day.
[21/2004]
(2)  Section 219(4) shall not apply in relation to any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under sections 87(1) or (3) and 219(4) in force immediately before that day.
[21/2004]
Works and other subject matter published by international organisations before appointed day
265.  Copyright shall not subsist by virtue of section 185 in any work, sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such work, recording or film immediately before that day under that section in force immediately before that day.
[21/2004]
Works and other subject matter published by Government before appointed day
266.
—(1)  Subject to subsections (2), (3) and (4), copyright shall not subsist by virtue of section 197 in any literary, dramatic or musical work, sound recording or cinematograph film first published or any artistic work made before the appointed day unless copyright in such work, recording or film subsisted immediately before that day under that section in force immediately before that day.
[21/2004]
(2)  Copyright shall not subsist by virtue of section 197 in any photograph taken before 10th April 1987 unless copyright subsisted in that photograph immediately before that day under that section, as modified by section 231, in force immediately before that day.
[21/2004]
(3)  Copyright shall not subsist by virtue of section 197 in any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under that section, as modified by section 232, in force immediately before that day.
[21/2004]
(4)  Copyright shall not subsist by virtue of section 197 in any cinematograph film made before 10th April 1987 unless copyright subsisted in that film immediately before the appointed day under that section in force immediately before that day in accordance with section 233.
[21/2004]
Performances given before appointed day
267.  Part XII shall not apply to a performance given before the appointed day unless the period beginning on the day when the performance was given and ending on the appointed day is less than the protection period as defined in section 246(1) in force immediately before the appointed day.
[21/2004]