ARTICLE
1 November 2013

Exceptions To Infringement Of Literary And Musical Works

BA
Bredenkamp Attorneys
Contributor
Bredenkamp Attorneys
The Copyright Act provides for general exceptions to the protection of literary and musical works to allow for fair dealings with the works.
South Africa Intellectual Property
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The Copyright Act provides for general exceptions to the protection of literary and musical works to allow for fair dealings with the works. Copyright of a literary or musical work will not be infringed if the work is used:

  • for the purposes of research or private study
  • personal or private use of the person using the work

Copyright will also not be infringed if the literary or musical work is used:

  • for the purposes of criticism or review of that work or of another work; or
  • for the purpose of reporting current events

In this case the source must be mentioned, as well as the name of the author if it appears on the work.

The copyright in a literary or musical work which is lawfully available to the public will not be infringed by any quotation of the work, including any quotation from articles in newspapers or periodicals that are in the form of summaries of the work, provided that the quotation is compatible with fair practice, that the extent thereof does not exceed the extent justified by the purpose and that the source is mentioned, as well as the name of the author if it appears on the work.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
1 November 2013

Exceptions To Infringement Of Literary And Musical Works

South Africa Intellectual Property
Contributor
Bredenkamp Attorneys
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