(1)
(2)
(a)
Subject to the provisions of this section, the ownership of any copyright
conferred by section 3 or 4 on any work shall vest in the author or, in the case of
a work of joint authorship, in the co-authors of the work.
(b)
Where a literary or artistic work is made by an author in the course of his
employment by the proprietor of a newspaper, magazine or similar periodical
under a contract of service or apprenticeship, and is so made for the purpose of
publication in a newspaper, magazine or similar periodical, the said proprietor
shall be the owner of the copyright in the work in so far as the copyright relates
to publication of the work in any newspaper, magazine or similar periodical or to
reproduction of the work for the purpose of its being so published, but in all
other respects the author shall be the owner of any copyright subsisting in the
work by virtue of section 3 or 4.
(c)
Where a person commissions the taking of a photograph, the painting or drawing
of a portrait, the making of a gravure, the making of a cinematograph film or the
making of a sound recording and pays or agrees to pay for it in money or
money's worth, and the work is made in pursuance of that commission, such
person shall, subject to the provisions of paragraph (b), be the owner of any
copyright subsisting therein by virtue of section 3 or 4.
(d)
Where in a case not falling within either paragraph (b) or (c) a work is made in
the course of the author's employment by another person under a contract of
service or apprenticeship, that other person shall be the owner of any copyright
subsisting in the work by virtue of section 3 or 4.
(e)
Paragraphs (b), (c) and (d) shall in any particular case have effect subject to any
agreement excluding the operation thereof and subject to the provisions of
section 20.
Ownership of any copyright conferred by section 5 shall initially vest in the state or the
international organization concerned, and not in the author.
[S. 21 substituted by s. 9 of Act 56 of 1980.]
22 Assignment and licences in respect of copyright
(1)
Subject to the provisions of this section, copyright shall be transmissible as movable
property by assignment, testamentary disposition or operation of law.
(2)
An assignment or testamentary disposition of copyright may be limited so as to apply to
Source: http://www.wipo.int/portal/es/