Terms of Use

From Copyright Act

The “Copyright Review Project” undertaken on this wiki is an open review of the provisions of the South African Copyright Act 1978 with particular focus on sections which impact access to knowledge, especially access to learning materials.

With your help this project will:

• collect civil society views on the current Copyright Act (98 of 1978),

• present a section by section review of the South African Copyright Act 98 of 1978 which sets out suggested changes (in principle rather than detail) where appropriate, from a civil society point of view,

• identify those provisions which civil society participants regard as unsuitable,

• conduct an audit of Copyright law according to the methodology created under the auspices of the Commonwealth of Learning

• in parallel to the review and prior to its completion identify salient proposals for amendment of the current Act to be presented in the appropriate session of the South African Parliament.

The Project researchers encourage and value your contributions to the Project. To ensure the integrity of the Project and that the information posted is useful and constructive, we ask that everyone who contributes reviews and agrees to the basic rules set out in this policy.

Encouraged and Valued Use and Contribution to the Project:

We encourage our “Users” and “Contributors” to communicate freely about copyright and copyright law in South Africa on the “Project Wiki” and with the Project Researchers. We encourage Users and Contributors to share their experience, expertise, views and opinions on these matters by: responding to the questionnaires, adding recommended relevant and recommended readings such as articles and academic papers, reviewing and contributing to the discussion topics and reviewing and contributing to the associated blog(s). We hope that the Project Wiki will become an environment of sharing, discussion and debate in a good faith and respectful manner. We do not expect or intend that the result shall be uniformity of opinion. Editorial control of the discussion will not seek to choose between different viewpoints, but in the discretion of the Project Researchers may seek to prevent irrelevant and bad faith usage of the Project Wiki or associated blog(s). Understand, therefore, the views that are expressed by individual contributors do not necessarily represent official views of the Project Researchers and whilst important to the outcomes of the Project are not tendered as the outcomes of the Project Review.

Rules when posting to the Project Wiki and associated blog(s):

1. You agree to only post material that is relevant to the topic being discussed or the information being sought.

2. In all your contributions, you agree to respect and adhere to the other policies that may apply to Users of and Contributors to the Project.

3. You agree not to post any material that you do not have the right to post, for example, works and materials subject to intellectual property, confidentiality or privacy rights of third parties where you have not attained necessary permissions and/or works and materials subject to other laws and obligations requiring specific authorisation and you have not attained such authorisation.

4. You agree that your posted contributions will be licensed under the Creative Commons license applicable to the wiki.That means that you continue to own the copyright in your contribution, but have granted a perpetual open licence in that contribution.

5. You agree not to post any unsolicited or unauthorised materials, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising.

6. You agree not to post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt Project Wiki or servers or networks connected to the Project Wiki, or that violates any further requirements, procedures, policies or regulations of networks specified on Project Wiki.

The Project Researchers and “Project Administrators” do not regularly monitor the Project Wiki but reserve the right to delete any content and to block any User or Contributor who, in their discretion violates the law, is in breach of these or further specified rules, or otherwise fails to respect other Users or Contributors to the Project Wiki. The Project Researchers and Project Administrators further reserve the right to take any other action as may be appropriate in the circumstances.

Rules when using the Project Wiki and associated blogs:

By using the Project Wiki and associated blogs, you represent that you understand that all information and content made available on the Project Wiki and blogs are the sole responsibility of the person from which such content originated. You also acknowledge that Project Researcher and Project Administrators do not make any representations or warranties, including without limitation, about the accuracy, integrity or quality of the content and information made available.

Under no circumstances are the Project Researchers and/or Project Administrators or “Project Sponsors” liable in any way for any content, including, but not limited to: any infringing content, any errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Project Wiki and associated blogs.

You specifically agree to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or reliability of such content.

You further acknowledge and agree that while Project Researchers and Project Administrators takes steps from time to time to ensure that the content made available on the Project Wiki and associated blogs are legal, non-infringing and that the use of it in accordance with these rules and further specified and applicable rules, the Project Researchers and Project Administrators cannot guarantee that all such content site does not infringe the rights of any third party.

The Project Researchers reserve the right to change these Terms of Use at any time. Notice of a change will be announced on this page. Any revisions will include the date that they become effective.

Except where otherwise noted, content on this site is licensed under a: Creative Commons Attribution 2.5 License

There is no copyright in the wording of legislation in South Africa, and the Project does not claim copyright, or the application of a Creative Commons licence, to legislation reproduced on the wiki.

Your queries, questions and concerns related to this Terms of Use or the Project may be directed to review@copyright.shuttleworthfoundation.org or pria@copyright.shuttleworthfoundation.org

If you believe that your copyright has been infringed, or that you have been defamed and you would like to give a notice to take down allegedly offending material you should direct the notice to review@copyright.shuttleworthfoundation.org or Open Copyright Review, The Shuttleworth Foundation, 12 Plein Street, Durbanville, 7550, Republic of South Africa