UNTERHALTER AJ [77] Blind SA takes issue with the contentions of Professor Dean. It does so on two principal grounds. First, to render literary works into accessible format copies requires more than reproduction, it also requires adaptation. Second, to interpret section 13 as Professor Dean urges us to do, would amount to an impermissible delegation of an original legislative power. Blind SA also submits that the regulatory power conferred on the Minister does not extend to the import and export of accessible format copies, the distribution of these copies, nor the problem of unpublished works. These additional concerns, however, do not arise for our consideration because, as my analysis of the pleadings demonstrates, they formed no part of a properly formulated challenge to the Copyright Act by Blind SA. [78] I consider first the scope of the power conferred by section 13. That power must be understood within the scheme of the Copyright Act. Section 2 provides that literary works, if they are original, are eligible for copyright, subject to the provisions of the Copyright Act. A literary work is defined in section 1. It includes, irrespective of literary quality and in whatever mode or form expressed novels, dramatic works, textbooks and articles, lectures, dictionaries, tables and compilations, including compilations of data stored or embodied in a computer or a medium used in conjunction with a computer. A literary work does not however include a computer program. Section 6 specifies the nature of copyright in literary works. Copyright vests the exclusive right to do or to authorise the doing of the listed acts. Those acts include reproducing the work in any manner or form and making an adaptation of the work. [79] Of importance to the interpretation of section 13 is to distinguish reproduction and adaptation, and to determine what it means to reproduce a literary work. This is so because section 13 confers a power, by way of exception, to permit of the reproduction of a work. The power under section 13, as an exception, cannot permit what the Copyright Act does not otherwise prevent. [80] The Copyright Act does not provide a comprehensive definition of reproduction or adaptation. The definitions state what these concepts include. But what reproduction 32

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