13 General exceptions in respect of reproduction of works In addition to reproductions permitted in terms of this Act reproduction of a work shall also be permitted as prescribed by regulation, but in such a manner that the reproduction is not in conflict with a normal exploitation of the work and is not unreasonably prejudicial to the legitimate interests of the owner of the copyright. [S. 13 substituted by s. 8 of Act 56 of 1980.] 14 Special exception in respect of records of musical works (1) (2) The copyright in a musical work shall not be infringed by a person (in this section referred to as the 'manufacturer') who makes a record of the work or of an adaptation thereof in the Republic, whether from an imported disc, tape, matrix or otherwise, if (a) records embodying the work or a similar adaptation of the work were previously made in or imported into the Republic for the purposes of retail sale and were so made or imported by, or with the licence of, the owner of the copyright in the work; (b) before making the record the manufacturer gave the prescribed notice to the owner of the copyright of his intention to make it; (c) the manufacturer intends to sell the record by retail or to supply it for the purpose of resale by retail by another person or to use it for making other records to be so sold or so supplied; and (d) in the case of a record which is sold by retail or supplied for the purpose of resale by retail, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, the prescribed royalties. Where a record comprises, with or without other material, a performance of a musical work or of an adaptation of a musical work in which words are sung or are spoken that are incidental to, or in association with, the music and no copyright subsists in that work or, if copyright does subsist therein, the conditions specified in subsection (1) are fulfilled in relation to such copyright and (a) the words consist or form part of a literary work in which copyright subsists; and (b) the records referred to in subsection (1) (a) were made or imported by or with the licence of the owner of the copyright in that literary work; and Source: http://www.wipo.int/portal/es/

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