(3) Nothing in Part II shall affect the rights acquired by a performer before the commencement of this Act. (4) The provisions of this Act shall not derogate from a rule of law relating to confidential or privileged information, unlawful competition or personality rights. (5) Subject to this section, no copyright or right in the nature of copyright shall subsist otherwise than by virtue of this Act or any other law. 65 Application of Act in relation to works or performances made before commencement of Act (1) Subject to subsection (2), this Act shall apply in relation to works before the commencement of this Act as it applies in relation to works made thereafter. (2) Nothing in this Act contained shall(a) affect the ownership, duration or existence of a copyright which subsists under the Copyright Act, 1965 (Act 63 of 1965); or (b) be construed as creating a copyright which did not subsist prior to 11 September 1965. (3) Part II shall not apply to performances which took place before the commencement of this Act. 66 Time when a work is made (1) For the purposes of this Act a work, other than a broadcast or programme-carrying signal, shall be deemed to have been made at the time when it was first reduced to writing, recorded or otherwise reduced to material form. (2) A broadcast shall be deemed to have been made at the time when it has first been broadcast. (3) A programme-carrying signal shall be deemed to have been made at the time when it has first been transmitted by a satellite. 67 Act binds State This Act shall bind the State. 68 Repeal of laws (1) Subject to subsection (2), the Copyright Act, 1965 (Act 63 of 1965), the Copyright Amendment Act, 1967 (Act 56 of 1967), the Copyright Amendment Act, 1972 (Act 75 of 1972) and the Copyright Amendment Act, 1975 (Act 64 of 1975) are hereby repealed. (2) Anything done under a provision of a law repealed by subsection (1) which could have been done under a corresponding provision of this Act, shall be deemed to have been done under such corresponding provision. 69 Short title and commencement This Act shall be called the Copyright and Neighbouring Rights Protection Act, 1994, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.

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