43
From Copyright Act
43. Application to work made before commencement of Act.
This Act shall apply in relation to works made before the commencement of
this Act as it applies in relation to works made thereafter: Provided that—
(a) nothing in this Act contained shall—
(i) subject to paragraph (d), affect the ownership, duration or
existence of any copyright which subsists under the Copyright
Act, 1965 (Act No. 63 of 1965); or
(ii) subject to paragraph (c), be construed as creating copyright in
any type of work in which copyright could not subsist prior to
11 September 1965;
[Para. (a) amended by s. 14 (a) of Act No. 52 of 1984 and substituted
by s. 33 (a) of Act No. 125 of 1992.]
(b) . . . . . .
[Para. (b) deleted by s. 14 (b) of Act No. 52 of 1984.]
(c) the copyright in a cinematograph film made before the
commencement of this Act shall be governed by the relevant
provisions of this Act, subject to the qualification, in the case of a
cinematograph film treated as an original dramatic work under section
35 of the Third Schedule to the Designs Act, 1916 (Act No. 9 of
1916)—
(i) that the owner of the copyright shall, if so required,
remunerate the person who is the owner of a copyright
in that original dramatical work for the purposes of that
Act, which remuneration shall be determined by
arbitration if agreement thereon cannot be reached;
and
(ii) that the owner of the copyright in the cinematograph
film or any person deriving rights in respect of the
cinematograph film from such owner shall in
excercising such rights in the cinematograph film be
deemed not to infringe any rights in such original
dramatical work under the said Act; and
(iii) that an act performed by virtue of a licence granted by
the owner of the copyright in the original dramatical
work under that Act and in existence before or at the
time of coming into force of this subsection, shall be
deemed to be performed or have been performed on
the authority of the owner of the copyright in the
cinematograph film.
[Para. (c) substituted by s. 33 (b) of Act No. 125 of 1992.]
(d) in the determination of the term of copyright contemplated in
the proviso to section 3 (2) (a) in the case of a work in respect
of which the copyright has expired at the commencement of
the Copyright Amendment Act, 1984, on the ground that the
period mentioned in the said paragraph has lapsed, it shall be
deemed that, subject to any rights acquired by any person
after the lapse of that period and before the said
commencement, copyright did not expire on that ground.
[Para. (d) added by s. 14 (c) of Act No. 52 of 1984.]