12
From Copyright Act
General exceptions from protection of literary and musical works.
[IMPORTANT NOTE: The actual wording of s12 sub-ss. (1)-(8) and (12) is, for practical reasons, not displayed on this page. Please click on the (unofficial) heading to access the particular subsection. The discussion on the discussion page accompanying this page should focus on general remarks regarding the complex and very important issue of copyright exceptions and limitations as well as on suggestions for exceptions and limitations currently not allowed for under the South African Copyright Act. Any discussion of one of the specific exceptions and limitations contained in the current Act, e.g. fair dealing, should take place on the discussion pages of the particular subsections.]
(2) [Use in the context of judicial proceedings]
(4) [Illustrations in any publication, broadcast or sound or visual record for teaching]
(5) [Ephemeral reproductions by a broadcaster]
(7) [Reproduction in the press or broadcasting of published articles on current topics]
(9) The provisions of subsections (1) to (7) inclusive shall apply also with reference to the making or use of an adaptation of a work.
(10) The provisions of subsections (6) and (7) shall apply also with reference to a work or an adaptation thereof which is transmitted in a diffusion service.
(11) The provisions of subsections (1) to (4) inclusive and (6), (7) and (10) shall be construed as embracing the right to use the work in question either in its original language or in a different language, and the right of translation of the author shall, in the latter event, be deemed not to have been infringed.
(13) An authorization to use a literary work as a basis for the making of a cinematograph film or as a contribution of a literary work to such making, shall, in the absence of an agreement to the contrary, include the right to broadcast such film.
[edit] Commentary
Section 12 (9) also applies mutatis mutandis to artistic works, s15(4)
Section 12 (10) also applies mutatis mutandis to artistic works, s15(4)
Section 12 (13) also applies mutatis mutandis to: artistic works, s15(4); cinematograph films, s16(1); sound recordings, s17; broadcasts, s18; published editions, s19A; computer programs, s19B(1)