Intellectual Property Streetwise doc

Χοντεντσ:
What creative workers need to know about IP..................................................3
Different IP mechanisms...................................................................................6
Check your contracts........................................................................................9
IP rights in different creative industries
Writing and Publishing.....................................................................................13
Film and Video.................................................................................................14
Music and Broadcasting..................................................................................16
Art and Craft....................................................................................................17
Heritage...........................................................................................................17
General information.........................................................................................19

Νοτε:
The IP field is a complex one. The purpose of this booklet is
to give general information only. More information will be
available on the forthcoming Cultural Observatory
website (contact for details).
As a second phase of the project we hope to
develop specific guidance for authors, artists,
musicians and other people working in the
cultural industries.
If you have a specific problem we advise you to contact
organisations in your sector, the government agency responsible for administering IP rights (CIPRO) or a lawyer specialising
in a relevant area of intellectual property (contact the SAIIPL to find
one). See the end of this booklet for the relevant contact details.


Social Cohesion and Integration Research Programme
Senior Editor: Prof. Wilmot James, Executive Director, Social Cohesion and Integration
Research Programme, Human Sciences Research Council (HSRC)
Published by HSRC Publishers

Private Bag X1982, Cape Town, 8000, South Africa
www.hsrcpublishers.ac.za
© Human Sciences Research Council 2004
First Published 2004
All Rights reserved. No part of this book may be printed or reproduced or utilised in any
form or by any electronic, mechanical , or other means, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the
publishers.
ISBN 0-7969-2085-0
Production by ComPress

Acknowledgements:
This paper was developed by the HSRC’s Social Cohesion and Integration Unit in Cape
Town as part of the Cultural Observatory initiative of the Department of Arts and Culture.
It was written by Harriet Deacon with the assistance of Sandra Prosalendis and Utando
Baduza. Advice on the legal aspects of the document was kindly given
by Monica Seeber and Lawrence Reyburn.
We would also like to thank the following people for their assistance in drafting the
document: Eve Gray, Arlette Franks, Leonard Shapiro, Gavin Tonks, Kit Reynolds, Steve
Kromberg, Erica Elk, Elitha van der Sandt, Gerard Robinson, and Jill Galanakis.


Παγε 3

Ωηατ χρεατιϖε ωορκερσ νεεδ το κνοω
αβουτ ιντελλεχτυαλ προπερτψ
As creative workers, we rely on IP for our livelihood but are particularly vulnerable to
transgression of our IP rights because we work on a small scale, do not usually earn
enough to employ specialist lawyers or go to court, and find it difficult to access information about our rights. This booklet is intended to provide some basic information on
what IP is and how to protect your IP rights.
Intellectual property (IP) is a legal term, describing the fact that people can acquire

rights as a result of their creativity and innovation. IP rights cannot be held over ideas
but only over the way they are expressed in material form: writing, painting or sculpture, film, music, designs, inventions, etc. If you want to protect the IP rights to your
ideas try and express them as fully as possible in some material
form, for example, by writing them down, recording them on tape,
making a sculpture, music or artwork.
Locking your work away in a drawer may sound like the best
option for protecting your IP rights – but it won’t help you to earn
money from or get exposure for your work. Protecting your IP
rights in something you make only benefits you financially
when other people want to buy it, or when you can get a
financial settlement by proving that others have copied your
creative expressions and made money from them.
There are several mechanisms by which the creator’s IP rights can
be established over a work: copyright, patents, trademarks, industrial designs, performer’s rights, confidential know-how, and indigenous knowledge. Some kinds of IP mechanisms (e.g. copyright)
are automatic and do not require registration, others require quite
complex registration processes (e.g. patents). Whatever route you
take, make sure you have established your rights over the work in a
way that can stand up in court. Use the table in this booklet to find out
what IP mechanisms you will be dealing with in your sector.
Underlying IP law is the general idea that people who create original works
should be recognised as the authors of those works and receive benefit from money
generated by the commercial use, or economic exploitation, of those works. Intellectual
Property Rights (IPRs) are legal rights granted to people who have made an original
creative work. If you have created a work, you have IP rights over it irrespective of


Παγε 4

whether you are a famous (or even a good)
artist, musician or writer, whether the work is a

good one, or even whether it is complete.
Owning IP rights is different from owning
objects both because IP rights generally do not
last forever, and because IP rights often exist in
the creativity expressed in something rather
than in the object itself. In order to establish
your claim to the IP associated with your creativity, you have to create something material
(e.g. a piece of writing or an artwork) but your
rights to the IP in that book or artwork are not
tied to your possession of the material object.
You can sell a sculpture or book, for example,
without selling your IP rights over it.
IP rights are actually a bundle of different rights
that can be transferred to different people by
the original creator, usually for a payment of
some kind. For example, the author of a book
owns the moral right to be identified as the
author and the copyright over the way words
have been used to express his or her ideas in
the book. Through negotiations with the author,
a publisher may acquire the license to publish
the book the author has written, and a filmmaker may acquire the rights to produce a film
of the book (these rights are often limited to
specific countries, languages and specific time
periods). Rights owners do not have to transfer
all their intellectual property rights to one person or company, but in some industry sectors
this may be the norm.

IT COULD HAPPEN
TO YOU…

These are fictional examples
based on experiences in the
sector.
The price of a date: FB was a
visual artist who created stone
and wood sculptures. She created designs that were copied by
a company manufacturing garden gnomes and registered as
industrial designs. However
when she looked into it with a
lawyer, FB could not prove that
the designs were initially hers
because she had not dated her
work. This meant that the company would not pay her any royalties and could actually sue her
for copying their designs.
Preventive measures: always
sign and date your work so you
can prove you own the copyright
should your rights be challenged
or transgressed. Keep dated
and signed records of your creative processes – sketchbooks,
logbooks, journals etc.

Protect your IP rights: This can be done by
registering designs, trademarks and patents;
dating, signing and copyright-marking your
work. Read more about how to do this below. You can also sign contracts with people
you work for or show your work to – see the checklist for contracts in this booklet.


Παγε 5

Defend your IP rights: Any public exposure of your work exposes it to potential unauthorised use and copying – but it is necessary in order to earn money from the work. It
can be expensive to enforce your IP rights through the courts, but sometimes it is
worth it – you need to work out the costs and potential benefits. Don’t be afraid to
negotiate costs with your lawyer.
Don’t infringe other people’s rights: If you are borrowing creative ideas from other
people or registering your own trademarks and brands, it is important to make sure you
are not infringing other people’s IP rights. This is not only unethical, but it can also be
costly if they challenge you, and it can lead to brand confusion or to loss of profits
through unnecessary advertising and legal fees.

IT COULD HAPPEN
TO YOU…
These are fictional examples based
on experiences in the sector.
Stolen goods: Crafter NM from a
small town in the Eastern Cape sold a
number of beaded craft designs to a
foreign tourist visiting her town. The
man went back to his country and
proceeded to mass-produce the beaded designs there at low cost. Although
NM could prove that she was the
author of the designs she was not
aware of the problem for some time
and in any event did not have the
money to pursue a court case.
Fortunately an angry letter to the
press from a well-informed customer
in the foreign country highlighted her
plight and embarrassed the man’s

company into sending her some of the
royalties due to her. Not everyone is
so lucky, however.

Preventive measures: many people
have their designs stolen, both here
and abroad, and it is difficult to seek
low-cost remedies. Public exposure of
illegal and dishonest behaviour by
large companies can sometimes work
as well as, if not better than, legal
action. However, you may find yourself in difficulties if you make allegations that cannot stand up in court.
Also, many designs are stolen by
small concerns, not big companies.
If you do go to court, it’s much easier
to prove your work has been copied if
you have lodged a signed and dated
copy of it with a lawyer or some other
responsible third party before you
start selling or displaying it. Most
designs can also be registered as
industrial designs so that if your work
is copied without permission, you will
find it easier to get a remedy in court.
However, design registration and
court cases can be expensive.


Παγε 6

ΙΠ Μεχηανισµσ
Patents provide IP protection for original inventions that use a new process or result in
a new kind of product. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the ownerís consent. Inventors can patent
inventions with CIPRO and then sell or license these rights to someone else.
Trademarks are words, images or symbols that distinguish one product from another in
the marketplace. They can be registered with CIPRO.
Industrial designs protect IP rights in the shape, form, appearance, pattern, ornamentation and configuration of a product that has been registered as a functional and/or aesthetic design by CIPRO. Industrial designs have to be able to be produced by an
industrial process – they don’t have to be being produced in this way at the time of
application.
Performer’s rights require a performer or producer of a work to be paid for public uses
of the performance, not just the written or visual reproduction of the work. In South
Africa, performers’ rights now apply to traditional cultural expressions, such as traditional ceremonies, performances or dances.
Most creative workers find it too expensive to register patents, trademarks or industrial
designs to protect the IP in their works. Copyright is free, requires no registration, and
gives protection for around 50 years, longer than patents (20 years) and industrial
designs (10-15 years). (Trademarks can be renewed for an unlimited period.) For reasons of space, we will therefore give a bit more information on copyright.

Χοπψριγητ
Copyright protects the right of the original creator to reproduce the work in any manner
or form unless he or she agrees to have someone else reproduce it. Copyright does
not prevent limited private or personal use of the work by others – it is focused on preventing personal gain accruing to others through the use on a commercial basis of a
significant part of the work, or through unacknowledged use of the work. Copyrights
can be sold or licensed to others.
South Africa’s Copyright Act (Act 98 of 1978, as amended) covers literary, musical and
artistic works, cinematograph films, sound recordings, broadcasts, program-carrying
signals, computer programs and published editions.


Παγε 7

The term ‘literary’ does not mean the work has to be of any special literary quality or
standard; it merely means recorded - or made material - in written, printed or digital
form. Similarly, ‘artistic’ refers to works recorded by drawing, painting, photography, etc
and not necessarily something of inherent aesthetic value. For a work to be eligible for
copyright protection, it does not have to be published or manufactured. There is no
copyright over ideas that have not been written down or otherwise made material.

Εσταβλισηινγ χοπψριγητ
According to the Copyright Act (1978), a work is eligible for South African copyright
protection if it has been made by a person or entity residing in South Africa, or has
been first published or broadcast or made in South Africa. All countries that are signatories to the Berne Convention (as is South Africa) are bound to protect the rights of
authors from other member countries in the same way as they protect their own. This
is known as the principle of national treatment.
Copyright does not have to be formally registered in order to come into effect. In South
Africa there is, in fact, no compulsory registration for copyright: it arises automatically
when you create your work. But because of the way the Copyright Act is written, you
have to be able to prove that you own copyright in order to enforce your IP rights in
court. You should therefore state explicitly on all your creative works that they are subject to copyright. Write “copyright”, or “©” followed by your full name and the year of
creation or publication. Posting your signed work to yourself and then keeping it in the
sealed envelope is a method often used to prove that you wrote the work before a specific date, but it may not stand up in court.
Copyright in films and cinematography can be formally registered with CIPRO - registered works will be listed in The Patent Journal. This registration is not compulsory but
it can help to make authorship and other relevant factors easier to prove if a dispute
arises.
Some organisations help creative workers prove they own copyright in case of transgression by providing a voluntary but legally admissible registration service.
Scriptwriters can for example submit a paper copy, computer disc, CD ROM or video
tape of their script to the South Africa Script and Story Register for added protection
against artistic and design theft. For the same reasons, composers and lyricists can
register their work through the Southern African Music Rights Organisation (SAMRO),
while authors, poets and dramatists can register at the Dramatic, Artistic and Literary
Rights Organisation (DALRO).

Παγε 8

Ηοω λονγ δοεσ χοπψριγητ λαστ?
Sound recordings, radio and TV broadcasts: copyright remains in force for fifty
years from the date of first publication or broadcast.
Films and cinematography: copyright lasts for 50 years from the date the film was
first made or shown.
Photographs: copyright expires 50 years after the work is made available to the public
(published). If the photograph is not published within 50 years of its making, copyright
expires 50 years after the photograph is made. It therefore has nothing to do with the
life of the author.
Published editions: copyright lasts for 50 years from the end of the year in which the
edition is first published.
Literary, musical and artistic works (excluding photographs): copyright lasts for 50
years after the death of the author (from the end of the year in which the author dies).
But if the work has not been published before the author dies, the term of copyright
continues to subsist for 50 years after the end of the year in which publication does
take place. If publication never takes place, the duration of copyright is perpetual. In
the case of joint authorship, ‘death of the author’ is deemed to be the death of the
author who dies last.
Anonymous works: copyright lasts for 50 years from the end of the year in which the
work was made available to the public (published) or from the end of the year in which
it is reasonable to presume that author died (whichever is the shorter). But if the identity of the author becomes known before this period expires, then copyright lasts for the
life of the author plus 50 years.

Μορε ινφορµατιον:
Dean, O. Handbook of South African Copyright Law (Juta) DALRO (ro.
co.za/) & CIPRO have specific information on copyright on their websites. The full text

of the Copyright Act (1978) with amendments is available on the UNESCO Collection
of National Copyright Laws site.( />=15486&URL_DO=DO_TOPIC&URL_SECTION=201.html) The South African
Scriptwriters Association website ( articles on copyright
for scriptwriters. The Writers’ Network website ( />index.htm) has articles on copyright for writers. Register your scripts on the South
African Script and Story Register ( />

Παγε 9

Χηεχκ ψουρ χοντραχτσ
Contracts can cover any kind of agreement between two parties. Some common kinds
of contracts in the creative industries that deal with IP issues include confidentiality
agreements (such as the submission release form used by scriptwriters), recording
contracts, publishing contracts, and so on. Confidentiality agreements may regulate the
use of material in a situation where IP rights are not being ceded to another party.
Other kinds of contracts may specify what IP rights (e.g. distribution rights) are being
ceded by the rights owner (e.g. the recording artist) to another party (e.g. the recording
company), where these rights apply (e.g. world rights, national rights) and for how long.

Τηεσε κεψ ισσυεσ ρεγαρδινγ ΙΠ ριγητσ µαψ βε χοϖερεδ
ιν α χοντραχτ:
1. Exclusive and non-exclusive rights: An exclusive license gives the person receiving
the licence the only right to use the knowledge, rights or resources in the
ways specified. A non-exclusive licence places no limits on subsequent licences or others using the same knowledge, rights or
resources. Make sure that you are clear about which licences
your are granting or acquiring are exclusive, and why.
Understand what the industry norms on this are.
2. The duration, geographical scope and type of IP rights. For
example, publishing contracts can assign (or license) rights
defined by format, medium, territory, duration and language. For
instance, in a contract between an author and a publisher, the

contract may give a publisher the right to publish a book in the
English language only, or in all languages; in South Africa only, or
throughout the world; in volume form only, or electronically as well;
for a limited period of time, or for the duration of the copyright. Remember: people cannot license to others any rights that they do not own themselves. It’s also not a good
idea to cede rights to others if they are not likely to use them.
3. Primary and subsidiary rights. The owner of IP rights may give permission for others
to negotiate licensing of further rights to third parties. In publishing, for example, The
primary right is the right to publish the book, whereas the subsidiary rights grant the
publisher rights to issue sub-licences such as to reproduce extracts; to make a film; or
to adapt the work in some other way. The publishing contract will always set out the
moneys the author can expect to receive from the sale of such subsidiary rights.


Παγε 10

IT COULD HAPPEN TO
YOU…
These are fictional examples based
on experiences in the sector.
Concept theft: HG was an author of
childrens’ books. He was asked by his
publisher to come up with a concept
for a new book series. In the process
of thinking through his ideas, he discussed them with some friends before
he had had a chance to write them
down. One of the friends inadvertently
passed on a key idea to a rival publisher the next day, and this idea was
put on paper immediately and used as
the basis for developing their new
series. Although it was HG’s original

idea, he had not established copyright
over it by writing it down or recording it
in some other way. The rival publisher
owned the copyright because he had
put it in writing first.
Preventive measures: record your
ideas on paper or tape in order to protect your IP rights over them before
you share them with others – ideas are
not copyrighted , only their material
form. HG could find a legal remedy
under the law relating to unlawful competition as a delict, however, especially
if there was an element of confidentiality implicit in the circumstances by
which the competitor got to hear of his
idea.

4. Royalties: Royalties are the payments
given to rights holders in acknowledgement of their contribution to the product
that is sold. Composers, for example,
negotiate a royalty fee or percentage of
sales with a recording company. Flat fees
may be disadvantageous to the composer if the product sells very well. Make
sure you understand how this percentage
is calculated, whether on gross receipts
or on net profits, and how overheads and
expenses are factored into the net profits.
Discuss the issue with other people in
your industry and find out what the industry norms are before going to sign any
contract.
5. Reversion of rights. A contract should
set out the circumstances in which rights

granted will revert to the original rightsholder. In the case of a contract for the
publication of a book, rights normally
revert when the book has gone out of
print, the author has requested the publisher to reprint it, and the publisher fails
to do so after a certain period of time.
6. Minimum performance clauses:
Original rights-holders can require a commercial company such as a publisher or
a recording company to take active steps
to promote the product, and put in place
fallback mechanisms should this not be
done. Fallback mechanisms could
include a reversion of rights or a switch
to a non-exclusive licence.
7. Acquisition of rights to reproduce other
rights-protected material. In publishing, a
manuscript frequently contains quotations


Παγε 11

or extracts from other sources which may not be reproduced without permission from
the rights’ owner. The contract should set out who (the author or the publisher) is
responsible for obtaining such permission, and who is expected to pay.
8. Warranties and indemnities: A contract often requires one party to give warranties, or
promises that something is the case, or indemnities, a promise to shield the other party
from some risk. Make sure that any warranties or indemnities you promise to uphold
are reasonable, very clearly and narrowly defined, and do not expose you to undue
risk. For example, it would be unreasonable to expect a composer to indemnify a
recording company against the costs of defending all challenges to the originality of the
work, however indefensible these challenges might be.

IT COULD HAPPEN TO
YOU…
These are fictional examples based
on experiences in the sector.
Musicians delay: Four township
musicians, young and new to the field,
wrote and performed songs in a
recording studio every Saturday for a
number of years during the 1950s.
After every weekly session, they
received a payment and signed a
form they thought was a receipt. It
was in fact a contract assigning all
their rights over the music to the
recording company, which made a lot
of money from the sales of the music.
Years later, while in exile in London,
they were alerted to the fact that they
could have been receiving royalties
for the work they produced. They contacted the recording company who
after years of delay offered them royalties on new releases of their work,

but no compensation for the initial royalty income that had been forfeited.
By this time, however, it was too late
to take the matter to court because
the law of prescription says that you
cannot contest contracts after three
years has expired after the signing of
the contract or after you could reasonably be aware of the problem. The

musicians were thus dependent on
the goodwill of the company concerned for any royalty income whatsoever.
Preventive measures: always read
all contracts before signing them. Get
someone to explain them to you,
preferably not the person who wants
you to sign the contract. Make sure
you understand industry norms, and
negotiate the best deal for yourself.
Class action suits are now possible in
South Africa, so if industry norms are
unfair, you can lobby for change and
remedy past injustices.


Παγε 12

ΙΠ Ριγητσ ιν ∆ιφφερεντ Χρεατιϖε Ινδυστριεσ

Writing
& Publishing

IP mechanisms

Kinds of IP rights

Note: other mechanisms may
also be appropriate in some
cases

Sector

Note: these are examples only Note: all Acts should be read
with amendments and regulations

Copyright

Right to be recognised as the
author (moral
rights).Translation
rights.Publication and distribution rights in various media,
places and languages. Film or
broadcast rights for a book.

Copyright Act 1978 (many
amendments)

Legislation

Counterfeit Goods Act (1998)

Registration and collecting
societies

DALRO handles all requests
for use of written material and
also for the public performance of literary works.

Film and Video

Copyright

Right to be recognised as the
director or producer (moral
rights). Performance rights
Reproduction and distribution
rights. Broadcast rights

Copyright Act 1978 (many
amendments). Registration of
Copyright in Cinematograph
Films Act (1977). Counterfeit
Goods Act (1998)

Copyright in cinematography
and films can be registered
with CIPRO.

Music, Public
Performance

Copyright

Right to be recognised as the
composer (moral rights)
Recording rights
Distribution rights
Broadcast rights

Copyright Act 1978 (many

amendments)

SAMRO collects performance
royalties on behalf of composers and lyricists. SARRAL
and NORM collect mechanical
royalties on behalf of composers and music publishers.
DALRO handles all requests
for the public performance of
dramatic, dramatico-musical
and literary works.

Performer’s rights

Performers’ Protection Act
(1967)
Counterfeit Goods Act (1998)

Art and craft

Heritage

Copyright and Industrial
Designs. Sometimes also
Trademarks, Geographical
Appellations

It is currently difficult to protect
IP that traditionally belongs to
a group of people, and has
changed over time. However,

in some cases collectivelyowned IP has been protected
through the use of Patents,
Industrial Designs,
Trademarks, Copyright,
Geographical Appellations

Right to be recognised as the
artist (moral rights)
Reproduction of artwork or
craft. Reproduction of designs
in artwork or craft.
Manufacture and distribution of
multiple copies of an artwork
or craft

Copyright Act 1978 (many
amendments)
Merchandise Marks Act (1941,
2001). Patents Act (1978,
1986, 2001).
Designs Act (1993).
Trade Marks Act (1993).
Counterfeit Goods Act (1998)

Registering patents, trademarks, and industrial designs
can be done through CIPRO.

Reproduction of traditional
designs. Manufacture and distribution of traditional crafts.
Use of traditional knowledge to

commercially exploit pharmaceutical properties of plants.
Use of name specific to region
in which crafts have traditionally been produced.
Performance of traditional
ceremonies.

Copyright Act 1978 (many
amendments)
Performers’ Protection
Amendment Act (2002)
Indigenous Knowledge Bill
(2001). Merchandise Marks
Act (1941, 2001)
Patents Act (1978, 1986,
2001).Designs Act (1993)
Trade Marks Act (1993)
Counterfeit Goods Act (1998)

Registering patents, trademarks, and industrial designs
can be done through CIPRO.

DALRO handles reprographic
reproduction rights for artistic
works


Παγε 13

Ωριτινγ ανδ Πυβλισηινγ
Literary works are automatically covered by copyright as soon as they are recorded in

material form – no registration is required.
Much of the work currently being done in the sector is to educate people about copyright infringement in schools and universities. Students and teachers in South Africa
rely very heavily on photocopying of published material for educational purposes, and
in doing so they exceed the allowances for educational and private use in the
Copyright Act. The Copyright Act allows limited free copying of printed materials for
educational purposes but the provisions for this are ill-defined. Enforcement measures
against infringements of the Copyright Act are inadequate. The print industries thus
wish to ‘monitor and encourage legislative development and institute public copyright
awareness campaigns’.
Perhaps less well discussed at the moment are the rights of authors. Authors in general are poorly organised and do not always know their IP rights. In a small publishing
industry such as the one we have in South Africa, authors may find that royalty income
is low. They also may find it difficult to negotiate contracts with publishers because of a
lack of sophisticated understanding about how IP works. Various organisations such as
ANFASA can help writers discuss IP issues.

Ωριτινγ ανδ Πυβλισηινγ σεχτορ οργανισατιονσ:
PICC: Print Industries Cluster Council, PO Box 15254, Vlaeberg, 8018, Cape Town,
tel. 021- 422 2491, fax: 021- 424 1484, email:
They have a working group on copyright and have produced a
useful report on IP issues in the publishing sector: Eve Gray and Monica Seeber, 2004.
‘Report on Intellectual Property Rights in the Print Industries sector’.
PASA: The Publishers’ Association of South Africa. />OPA: Online Publishers Association, PO Box 4116, Cape Town 8000, tel. 011-713
9810, fax 011 7139973 email />The OPA's mission is to provide a non-profit forum in which South African Online
Publishers can address issues of common interest.
SAWA: The South African Writers’ Association, contact Andries Walter Oliphant
(Chairperson), tel. 012- 429 6810, fax: 012- 429 3221, email:
ANFASA: Academic and Non-fiction Authors’ Association of South Africa,
PO Box 31134, Braamfontein, 2017, tel. 011- 489 5000, email
/>The Writers’ Network: 62 Queen Victoria Street, Cape Town, 8001, South Africa

Παγε 14

IT COULD HAPPEN TO
YOU…
These are fictional examples based
on experiences in the sector.
Tender ideas: MK was a creative
thinker who presented several branding ideas to a company in a tender
process. He later found that the company used a number of his ideas without his permission and without payment.
Preventive measures: you can draft
confidentiality (non-disclosure) agreement or ‘submission release’ agreement to be signed before you make a
tender application or present your
ideas to a potential client company.
Discuss this with the company. Subtle
incorporation of your ideas in subsequent work by the company can be difficult to contest. Read the fine print in
the tender advertisement or other documents carefully, because some tender processes specifically state that
ideas presented in the tender applications are not confidential or protected.

tel. 021- 422 2495, fax: 021- 422 2496,
email: http://
www.thewritersnetwork.org/index.htm.
The Writers’ Network (WN) is an initiative
by writers for writers that collects and disseminates information about support and
resources available to writers in South
Africa. Its website has a special section
on copyright.
SATI: South African Translators
Institute. PO Box 27711, Sunnyside,
Pretoria 0132, tel. 012- 343 0624, fax

012- 343 0730.
/>Print Media SA: Newspaper
Association of Southern Africa, the
Magazine Publishers Association of
Southern Africa and the Community
Press Association, PO Box 47180,
Parklands, 2121, tel. 011- 721 3200, fax
011- 721 3254.
SASWA: The South African
Scriptwriters Association, PO Box
91937, Auckland Park 2006, tel. 011- 678
3838, fax 011- 476 9988, email

Kit Reynolds tel. 011-781 3205, email

Administers the
South Africa Script and Story Register:
Scriptwriters can submit a paper copy,
computer disc, CD ROM or video tape of
their script to the register for protection
against artistic and design theft.

Φιλµ ανδ ςιδεο
Film and video are covered by copyright. Unlike other sectors, copyright in cinematography and films can be registered with CIPRO. Scriptwriters can register their work with
the SA Script and Story Register. Registration is not compulsory but will make proof of


Παγε 15

authorship and other relevant factors easier to prove if a dispute arises.

The motion picture industry, especially in America, is increasingly concerned by the
growing amount of motion picture piracy (DVD or video copies) in places like South
Africa. For local film-makers, however, the main problem is getting films made and
developing local audiences. The local film industry remains small although it has a
well-developed television and an internationally-recognised commercials industry, and
thus a good technical and personnel infrastructure. Various initiatives have boosted the
local industry, but audiences for locally-produced motion pictures have historically been
limited by the location of cinemas in rich (mainly white) areas, and economic factors
continue to encourage television viewing instead of movie-going among the majority of
the population.

Φιλµ ανδ ςιδεο σεχτορ οργανισατιονσ:
IPO: Independent Producers Organisation, PO Box 2631, Saxonwold 2132, tel. 011799 2262/3, fax 011- 465 6001, email or
/>NFVF: National Film and Video Foundation, Private Bag X04. Northlands, 2116,
South Africa, tel. 011- 483 0880, fax: 011- 483 0881. />The Motion Picture Association: an international organisation formed to combat
motion picture piracy. Reports of transgressions of motion picture copyright can be
reported to their hotline - mailto: />FRU: Film Resource Unit, PO Box 11065, Johannesburg 2000, tel. 011- 838 4280,
fax 011- 838 4281, email The FRU’s mission includes a promise to
foster the development of audiences for independently produced and developmentally
appropriate film and video material. />ACA: Association for Communication and Advertising. This organisation lobbies
for the interests of advertising and marketing agencies and provides a legal advice
service to members. />AMF: Advertising Media Forum. The Advertising Media Forum is a non-profit company which provides a platform for media strategists, planners and purchasers to co-ordinate a common policy to promote acceptable standards and practices in the media
industry. />Kit Reynolds tel. 011-781 3205, email administers the South Africa
Script and Story Register Scriptwriters
can submit a paper copy, computer disc, CD ROM or video tape of their script to the
register for protection against artistic and design theft.


Παγε 16

Μυσιχ ανδ βροαδχαστινγ
Musical works are covered by copyright as soon as they are recorded in some material
form. The copyright automatically rests with the person(s) who made the musical work
and does not require any formal registration process to come into effect. Recording
artists in South Africa often struggle because they do not have sophisticated knowledge about their IP rights or how to negotiate favourable contracts with recording companies.
One of the other problems facing the recording industry is piracy. Because it is comparatively easy and cheap to copy cassette tapes and compact discs (CDs), many people
do so informally at home and commercially. This reduces sales income for recording
companies and royalty income for recording artists.
In South Africa, most royalties are paid to foreign recording artists, who are broadcast
most often on local radio and television. Amended local content regulations came into
effect in August 2003 that increased the airplay of SA music on commercial stations to
25% and on public service radio to 40%. Still, many broadcasters do not comply, or
play local music in off-peak times, and some complain that there is not sufficient music
of broadcast quality to play. Composers, lyricists and music publishers can register with
an organisation like SAMRO (the Southern African Music Rights Organisation) that
then negotiates and collects royalties for them from performing, transmission and
broadcasting rights. They can also register with NORM or SARRAL for the collection of
mechanical rights.

Μυσιχ, περφορµανχε ανδ βροαδχαστινγ οργανισατιονσ:
RiSA: The Recording Industry of South Africa, PO Box 367, Randburg 2125, tel.
011- 886 1342, fax 011- 886 4169. RiSA represents the music
industry’s interests especially on piracy.
MUSA: Musicians Union of South Africa, tel. 011-339 1676, fax 011- 339 1677,
email They support the efforts of musicians to protect their
intellectual property interests.
SAMQC: The South African Music Quota Coalition, PO Box 48259, Kommetjie,
7976, email: The
SAMQC lobbies for increasing the local content broadcast quota to 50% and improving
enforcement thereof.

PANSA: Performing Arts Network of South Africa. PANSA is a national network of
individuals, non-government organisations, service providers and mainstream institutions that are engaged in the practice or support of the performing arts (all forms of


Παγε 17

dance, music, opera, musical theatre and theatre). The PANSA regional offices have
offered workshops, including ones on intellectual property and negotiating contracts.
Tammy Ballantyne serves as PANSA's National Coordinator and may be contacted
at Postnet Suite 114, Private Bag X7, Parkview, 2122, tel. 011-880 5486, fax 086 673
7002, email />Regional offices: Western Cape: 021- 674 0520. KwaZulu Natal: 031- 209 0142.
Eastern Cape: 046- 622 3897. Limpopo: 015- 295 8924. Free State: 051- 447 7771.

Αρτ ανδ Χραφτσ
Artistic works (including crafts) are automatically covered by copyright when they are
made in a material form. Some craftworks can also be registered with CIPRO as industrial designs. This can be expensive, but if you have a large market, and the craft can
be manufactured by an industrial process, you might want to consider it. In some cases
other IP mechanisms like trademarks and geographical appellations can be used to
protect your IP rights over art and craft work.
In South Africa, visual artists, small crafting businesses and individual crafters struggle
from a lack of access to local and export markets as well as inadequate product development and packaging. There are other problems too, such as lack of capital, weak
branding and marketing, poor access to materials and unfavourable infrastructure.
Many crafters also find that their products or designs get copied and sold more cheaply
elsewhere, thereby undercutting and diluting their potential market. This happens
around the world.

Αρτ ανδ Χραφτ σεχτορ Οργανισατιονσ:
VANSA: Visual Artists Network of South Africa. Enquiries for the Western Cape can
be addressed to Zayd Minty on The office in Limpopo Province
can be contacted at

Cape Craft & Design Institute, tel. 021- 460 3982 /3743, fax: 021- 460 3553, email
If you want to subscribe to their newsletter or trade flashes email
Marjorie Naidoo ().

Ηεριταγε
Current intellectual property rights law in South Africa does not accommodate crossgenerational and communal ownership of IP rights, critical to any definition of heritage
rights ownership. Attempts to draft legislation to protect community-based heritage


Παγε 18

resources have so far been slow and unsuccessful. The Indigenous Knowledge Bill,
which seeks to do this, has still not been passed, after several years of discussion.
Heritage resources that are in a material form are copyrighted but only for fifty years
after the creator’s death. This means that many older heritage resources can be freely
copied for commercial gain by others. More ephemeral kinds of heritage (dance, ritual,
knowledge systems) are not protected by copyright, but performance rights in traditional cultural expressions (rituals, dances, performance poetry, etc.) are now protected
under the Performers’ Protection Act, as amended in 2002.
Because of the climate of redress established by the changing attitude towards community rights, the Southern African San community was able to negotiate a benefitsharing agreement with the assistance of the CSIR when a commercial company
wished to use the hoodia plant, long used to ward off hunger on San hunting trips, to
make a diet pill. It is however often difficult to prove such rights in court. Also, the benefit-sharing agreement only lasts as long as the commercial firm’s patent, which is
about 15 years. There are also many other ways in which San cultural heritage – their
traditional art, for example – has been freely used in commercial contexts without
acknowledgement or payment.
In other countries, trademarks, patents, geographical appellations and industrial
designs have been used successfully to protect IP rights over community-based heritage resources. The work done by WIPO on the protection of community-based indigenous heritage through existing IP mechanisms suggests interesting possibilities for
communities and individuals seeking to protect their IP rights over heritage resources
and art forms.

Ηεριταγε σεχτορ οργανισατιονσ:

WIPO: The World Intellectual Property Organisation />html.en is currently working on international IP regimes to manage the IP rights in what
they call ‘traditional cultural expressions’, or community-based heritage.
For examples of how IP law has been used to protect heritage around the world, read
this article by the Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore, Fifth Session, Geneva, July 7-15,
2003: ‘Information on national experiences with the intellectual property protection of
traditional knowledge’, />SAMA: South African Museums Association. Issues around the confidentiality and
use of communities’ heritage information is discussed. Email
SAHA: South African History Archive. PO Box 31719, Braamfontein 2017, tel. 011717 1941, fax 011-339 4137. E-mail:
/saha/ Anti-apartheid archive & lobby group for access to information in state archives.


Παγε 19

Γενεραλ Ινορµατιον ον ΙΠ
Γενεραλ οργανισατιονσ
CIPRO: Companies and Intellectual Property Registration Office, the government agency responsible for
administering IP rights. />DTI: Department of Trade and Industry. Private Bag X84, Pretoria, 0001, tel. 0861 843 384, fax 0861 843
888 and email />DAC: Department of Arts and Culture, Private Bag X727, Pretoria 0001, tel. 012- 324 4096/7/8, fax: 012324 2687. />CreateSA: Creative Research Education and Training Enterprise South Africa, tel. 011- 794 3810, fax
011- 794 4070, e-mail: CreateSA is a research organisation specialising in the creative
industries and has a specific project on IP. />NACSA: the Network for Arts and Culture South Africa. NAC is a national umbrella body representing all
disciplines and sectors of arts and culture in the country (PANSA, VANSA etc). Contact Michael Dearham, on
011-838 4280/1/2, fax 011-838 4451.
SAFACT: South African Federation against Copyright Theft, Unit 11, 152 Hendrik Verwoerd Drive,
Randburg 2195, tel. 011- 886 3824, email Lobbies and acts against game software and
motion picture piracy. />The Creative Commons project proposes that artists (writers, musicians, photographers, filmmakers and
scholars) who have digital materials share their work widely on the internet provided that the original artists
retain copyright for commercial uses. A spin-off project called Creative Commons Africa is soon to be
launched: join their cc-za discussion list at the following address: />Χολλεχτινγ Σοχιετιεσ
DALRO: the Dramatic, Artistic and Literary Rights Organisation, PO Box 31627, Braamfontein, 2017.

Tel. 011- 489 5000, email DALRO administers reprographic reproduction (photocopying)
rights in artistic and literary works, and the rights to public performance of dramatic, dramatico-musical and
literary works. />SAMRO: the Southern African Music Rights Organisation, PO Box 31609, Braamfontein, 2017, tel. 011489 5000, email SAMRO is the main body in Southern Africa representing music performing rights. Its key function is to administer performing, transmission and broadcasting rights in the musical works of its members (mainly composers and lyricists) and its affiliated members.
/>SARRAL: South African Recording Rights Association Ltd, tel: 011-339 1333, fax 011-339 1403 and
email Address: PO Box 31091, Braamfontein 2017. SARRAL collects mechanical royalties on behalf of composers and, to a lesser extent, music publishers. This means that they help composers
and publishers collect royalties for the copying for commercial purposes of their music onto records, tapes
and CDs or any other medium.


Παγε 20

NORM: the National Organisation for Reproduction Rights in Music in Southern Africa Ltd, tel. 011486 4286 or fax 011-646 3717, email Address: PO Box 78187, Sandton 2146. NORM collects mechanical royalties on behalf of music publishers and, to a lesser extent, composers. NORM helps
composers and publishers collect royalties for the copying for commercial purposes of their music onto
records, tapes and CDs or any other medium.
IFFRO: International Federation of Reproduction Rights Organisations, rue Prince Royal 87, B -1050
Brussels, Belgium, tel +32 2 551 08 99, fax +32 2 551 08 95, e-mail: IFFRO is the
umbrella body to which reproduction rights organisations world-wide are affiliated. />CISAC: International Confederation of Societies of Authors and Composers, 20-26 Boulevard du Parc,
92200 Neuilly/sur/Seine, France, tel.: + 33 1 55 62 08 50, fax: + 33 1 55 62 08 60, e-mail:
As of January 2004, CISAC represents 209 authors' societies in 109 countries. Thus, CISAC indirectly represents more than 2 million creators, covering all the artistic repertoires: music, drama, literature, audio-visual
works, graphic and visual arts. />BIEM: Bureau International des Sociétés Gérant les Droits d'Enregistrement et de Reproduction
Mécanique, 20-26 Boulevard du Parc, Neuilly-sur-Seine, 92200, France, tel. +33 1 55 62 08 40, fax +33 1
55 62 08 41, email BIEM is the international organisation representing mechanical rights
societies. />Λαωψερσ σπεχιαλισινγ ιν ΙΠ ισσυεσ
SAIIPL: The South African Institute of Intellectual Property Law, PO Box 4685, Pretoria 0001, tel. (012)
362-1729, fax: (012) 362-0969, email This is an association of Patent Attorneys,
Attorneys, Patent and Trade Mark Agents practising in South Africa who specialise in IP law. />LSSA: The Law Society of South Africa. PO Box 36626, Menlo Park 0102. Pretoria, tel. 012- 362 1729,
fax 012- 362 096, email The LSSA is the umbrella body of the attorneys' profession in
South Africa. />Κεψ σουρχεσ υσεδ ιν τηισ παπερ
PICC 2004. Report on Intellectual Property Rights in the Print Industries sector, by Eve Gray and Monica
Seeber.

Department of Arts, Culture, Science and Technology (1998) Cultural Industries Growth Strategy (CIGS)
Report ( />Department of Arts, Culture, Science and Technology (1998) In short: the South African
Cultural Industries ( and
/>Teljeur, E. 2002. Intellectual Property Rights in South Africa: An Economic Review of Policy and Impact,
Edge Institute / Trade and Industrial Policy Secretariat (TIPS), South Africa.
WIPO 2003 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore, Fifth Session, Geneva, July 7-15, 2003: ‘Information on national experiences with
the intellectual property protection of traditional knowledge’.
/>ICTSD 2003. Final Report of UNCTAD-ICTSD Project on Intellectual Property Rights and Sustainable
Development. />