Comparison View

Formal Consolidation |  2020 RevEd
Right to be identified — transitional exceptions
377.—(1)  The right in section 371 —
(a)does not apply to an author who died before 21 November 2021;
(b)does not, despite section 523, apply to a film that is treated as a dramatic work by that section; and
(c)is not infringed by anything done or omitted to be done before 21 November 2021.
(2)  In the case of an authorial work made before 21 November 2021, section 371 does not apply —
(a)if the author is the first owner of the copyright in the work — to any act that, by virtue of an assignment of that copyright made or a licence granted by the author before 21 November 2021, does not infringe that copyright; and
(b)if another person is the first owner of the copyright in the work — to any act that, by virtue of an assignment of that copyright made or a licence granted by that person, does not infringe that copyright.
Informal Consolidation | Amended Act 31 of 2022
Right to be identified — transitional exceptions
377.—(1)  The right in section 371 —
(a)does not apply to an author who died before 21 November 2021;
(b)does not, despite section 523, apply to a film that is treated as a dramatic work by that section; and
(c)is not infringed by anything done or omitted to be done before 21 November 2021.
(2)  In the case of an authorial work made before 21 November 2021, section 371 does not apply —
(a)if the author is the first owner of the copyright in the work — to any act that, by virtue of an assignment of that copyright made or a licence granted by the author before 21 November 2021, does not infringe that copyright; and
(b)if another person is the first owner of the copyright in the work —
(i)to any act done by that person; and
(ii)to any act that does not infringe that copyright by virtue of —
(A)an assignment of that copyright; or
(B)a licence granted by that person or by a subsequent owner of that copyright.
[Act 31 of 2022 wef 01/11/2022]