Sound Recordings - Introduction of Blank Tape Levy in Respect of Copyright in Sound Recordings in South Africa
The South African Government has given notice of a proposed amendment to the South African Copyright Act, 1978, so as to make provision for the introduction of a levy on the sale of blank tapes which would permit those tapes to be used for making copies of sound recordings and musical and literary works embodied therein for private purposes. The amendment will effectively render home taping of records on a levied tape a form of "fair dealing" and will thus exempt this activity from copyright infringement. The precise manner in which the blank tape levy will operate is intended to be dealt with in Regulations which will be issued under the Copyright Act. No details are given at this stage as to how the blank tape levy will operate in practice.
The proposed amendment also grants a performance right to sound recordings which will entail the ability of the copyright owner to control causing the sound recording to be heard in public, broadcasting the sound recording and causing the sound recording to be transmitted in a diffusion service. Under the existing law a copyright owner in a sound recording holds no such right.
It is proposed that the amendment will be placed before Parliament within the next few months but interested persons have been given an opportunity until 5 March 1993 to comment on the content of the proposed amendment.
SPOOR & FISHER