UNTERHALTER AJ and adaptation mean and the distinction between these acts is not exhausted by their statutory definitions in section 1 of the Copyright Act. In Media 24,41 to “reproduce” within the meaning of the Copyright Act was held to mean “to copy”, and— “in order for there to have been an infringement of the copyright in an original work it must be shown that (i) there is sufficient objective similarity between the alleged infringing work and the original work, or a substantial part thereof, for the former to be properly described, not necessarily as identical with, but as a reproduction or copy of the latter; and (ii) that the original work was the source from which the alleged infringing work was derived.” [81] Professor Dean has emphasised the wording of section 6(a) which states “[r]eproducing the work in any manner or form”.42 As to an adaptation of a literary work, that, in part, is to be understood by reference in the definition of adaptation in section 1 to “a translation of the work”. [82] What then distinguishes the act of reproducing a literary work from making an adaptation of the work? Professor Dean submits that the distinction is this: reproducing a literary work is to take the work and make a transcription of it into another format, without changing its content. Making an adaptation of a literary work requires some creative or interpretative engagement with the text, the consequence of which changes the content of the work. [83] The exact boundary between the reproduction and adaptation of a literary work is hard to draw. We know that the translation of a literary work, by definition, is an adaptation. That assists us to understand what makes an adaptation distinctive. Language is not simply made up of words that signify identifiable and distinctive things in the world. We well know this as lawyers. The very exercise upon which I am engaged is an effort to arrive at the meaning of a concept. 41 Within a language Media 24 Books (Pty) Ltd v Oxford University Press Southern Africa (Pty) Ltd [2016] ZASCA 119; [2016] JOL 36649 (SCA) at para 12. 42 Emphasis added. 33