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/