LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
,LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
Patent and Copyright Law
Question 1
Assume that copyright subsists in the recording and the broadcast comprising the aired
radio interview. Who is/are the likely authors and owners of the copyright in these
works?
Legal Framework
The Copyright Act 98 of 1978 recognises both sound recordings and broadcasts as
distinct categories of protected works. Each has its own statutory definition of
authorship and ownership, with additional rules where works are created in the course
of employment or under commission.
• Sound recording: Section 1(1)(iv)(c) defines the author as “the person who
makes the arrangements for the first fixation of the sounds.” Section 21(1)
provides that ownership initially vests in the author, but section 21(1)(d)
reallocates ownership to the employer if the work was created in the course of
employment.
• Broadcast: Section 1(1)(iv)(e) defines the broadcaster as the author. Section
21(1) further establishes that the broadcaster is the first owner of copyright.
• Contractual modification: Statutory defaults may be displaced by contract.
Assignments or commissioning arrangements can alter the ownership structure.
, In addition, the Act recognises performers’ rights as neighbouring rights, which coexist
with but do not displace copyright ownership.
Application to the Facts
Sound recording
The interview was arranged, recorded, and technically produced by the radio station’s
staff. Although, in a narrow sense, the technical operator or producer who fixed the
sounds could qualify as the “author,” the recording was made in the course of
employment. Under section 21(1)(d), this vests ownership in the radio station as
employer.
If the recording had instead been outsourced to an independent contractor, initial
authorship and ownership would vest in that contractor. However, in practice,
broadcasters typically ensure ownership by requiring an assignment agreement,
transferring rights to the station.
Broadcast
The radio station is both author and owner of the broadcast by statutory definition.
Section 1(1)(iv)(e) and section 21(1) leave no room for ambiguity: the act of
broadcasting itself is attributable to the broadcaster. No further enquiry into the
contributions of individual staff members is required.
Performer’s rights
Ryno, as the interviewee and performer, does not obtain copyright in either the
recording or the broadcast. However, he retains performers’ rights, which include:
• the right to be identified as a performer, and
• the right to prevent distortion, mutilation, or other prejudicial alterations to his
performance.
These rights coexist with copyright but do not displace the station’s ownership.
Assignment 2
Semester 2 2025
Due 18 September 2025
,LML4801
Assignment 2
Semester 2 2025
Due 18 September 2025
Patent and Copyright Law
Question 1
Assume that copyright subsists in the recording and the broadcast comprising the aired
radio interview. Who is/are the likely authors and owners of the copyright in these
works?
Legal Framework
The Copyright Act 98 of 1978 recognises both sound recordings and broadcasts as
distinct categories of protected works. Each has its own statutory definition of
authorship and ownership, with additional rules where works are created in the course
of employment or under commission.
• Sound recording: Section 1(1)(iv)(c) defines the author as “the person who
makes the arrangements for the first fixation of the sounds.” Section 21(1)
provides that ownership initially vests in the author, but section 21(1)(d)
reallocates ownership to the employer if the work was created in the course of
employment.
• Broadcast: Section 1(1)(iv)(e) defines the broadcaster as the author. Section
21(1) further establishes that the broadcaster is the first owner of copyright.
• Contractual modification: Statutory defaults may be displaced by contract.
Assignments or commissioning arrangements can alter the ownership structure.
, In addition, the Act recognises performers’ rights as neighbouring rights, which coexist
with but do not displace copyright ownership.
Application to the Facts
Sound recording
The interview was arranged, recorded, and technically produced by the radio station’s
staff. Although, in a narrow sense, the technical operator or producer who fixed the
sounds could qualify as the “author,” the recording was made in the course of
employment. Under section 21(1)(d), this vests ownership in the radio station as
employer.
If the recording had instead been outsourced to an independent contractor, initial
authorship and ownership would vest in that contractor. However, in practice,
broadcasters typically ensure ownership by requiring an assignment agreement,
transferring rights to the station.
Broadcast
The radio station is both author and owner of the broadcast by statutory definition.
Section 1(1)(iv)(e) and section 21(1) leave no room for ambiguity: the act of
broadcasting itself is attributable to the broadcaster. No further enquiry into the
contributions of individual staff members is required.
Performer’s rights
Ryno, as the interviewee and performer, does not obtain copyright in either the
recording or the broadcast. However, he retains performers’ rights, which include:
• the right to be identified as a performer, and
• the right to prevent distortion, mutilation, or other prejudicial alterations to his
performance.
These rights coexist with copyright but do not displace the station’s ownership.
