The CIPC registers films in terms of the Cinematograph Act 62 of 1977. The registration of films is not a requirement for copyright to be conferred.
Benefits of Film Registration
- Prima facie Evidence (Registration Certificate issued by the CIPC serves as prima facie evidence that Copyright subsists in the Film and that the registered person is the true owner)
- Reversed Burden of Proof (Registered owner does not need to prove basic ownership instead, the burden shifts to the alleged infringer to challenge the validity of the registration)
- Recordal of Transfer of Rights (Registering assignments or exclusive licenses creates a transparent chain of title, which is critical in proving legal standing during disputes).
The Copyright Act makes provision for several exceptions to copyright infringement. These exceptions lead to the conclusion that they are all instances in which it is considered to be in the public interest.
The following are some examples of exceptions in the Copyright Act:
- Fair Dealing (research, private study, personal private use, criticism or review of a work, reporting current events in a newspaper, magazine or by means of broadcasting)
- Quotations
- Illustrations for Teaching
- Works delivered in Public
- Reproductions in Press or Broadcast
If a work is used it is fair practice that the source shall be mentioned, as well as the name of the Author is it appears on the work. It is advisable to obtain the prior permission of the owner to use the work.
Collective Management of Rights in Music
The Regulation on Collecting Societies, 2006 provides for the following:
- The CIPC is the accrediting authority
- The CIPC exercises supervisory functions over all accredited Collecting Societies to ensure that Collecting Societies discharge their obligations in terms of the law
