LML 4801 ASSIGNMENT 1
SEMESTER 1 2022
[Document subtitle]
UNISA
, Question 1
Section 21 consists of the following:
• General rule
• Agreement
• Exceptions
• Works intended for publication
• Specific works created for payment
• Employer/Employee
• The state
The general rule is set out in s 21(1)(a). Section 21(1)(b), (c), and (d) are exceptions to this
general rule. Section 21(1)(e) is about agreements.
General rule is that the creator/author of a work is also the copyright holder of a work.
s 21(1)(a). Explanation: The general rule is that the copyright in a work belongs to the author (s
21(1)(a)).
s 21(1)(c), relates to commissioned work, but only to photos, portraits, gravures, cinematograph
films and sound recordings that were commissioned and paid for. As “artwork” in this scenario is
unlikely to fall into one of the said categories, the exception would not apply.
Section 21(1)(d) of the Copyright Act (no 98 of 1978) provides that where in a case not falling
under paragraphs (b) of (c), a work is made in the course of the author's employment by another
person under a contract of service or apprenticeship, that other person shall be the owner of any
copyright subsisting in the work.
The Exceptions:
Works created in terms of an agreement
▪ Works created in terms of a service or apprenticeship agreement
– Act differentiates between 2:
1. Works created in course of employment with newspapers, magazines and similar publications
-Right to publish vests in employer, other rights vest in author
2. Works created in course of employment with others
-King v SA Weather Services NB
▪ Meteorologist working at SAWS, to make job easier, decided to code a computer program
which could forecast the weather
▪ At the end King, the programmer, argued that copyright in the programs was his. SAWS argued
it was there
▪ Court did no go into detail into what exactly ‘in course of employment’ means. Said we have to
look at the facts of each situation
▪ Started coding the programs at home. Later decided to work on programs while working,
during work hours. 51% of his time was spent programming at work. Helps him in his work.
SEMESTER 1 2022
[Document subtitle]
UNISA
, Question 1
Section 21 consists of the following:
• General rule
• Agreement
• Exceptions
• Works intended for publication
• Specific works created for payment
• Employer/Employee
• The state
The general rule is set out in s 21(1)(a). Section 21(1)(b), (c), and (d) are exceptions to this
general rule. Section 21(1)(e) is about agreements.
General rule is that the creator/author of a work is also the copyright holder of a work.
s 21(1)(a). Explanation: The general rule is that the copyright in a work belongs to the author (s
21(1)(a)).
s 21(1)(c), relates to commissioned work, but only to photos, portraits, gravures, cinematograph
films and sound recordings that were commissioned and paid for. As “artwork” in this scenario is
unlikely to fall into one of the said categories, the exception would not apply.
Section 21(1)(d) of the Copyright Act (no 98 of 1978) provides that where in a case not falling
under paragraphs (b) of (c), a work is made in the course of the author's employment by another
person under a contract of service or apprenticeship, that other person shall be the owner of any
copyright subsisting in the work.
The Exceptions:
Works created in terms of an agreement
▪ Works created in terms of a service or apprenticeship agreement
– Act differentiates between 2:
1. Works created in course of employment with newspapers, magazines and similar publications
-Right to publish vests in employer, other rights vest in author
2. Works created in course of employment with others
-King v SA Weather Services NB
▪ Meteorologist working at SAWS, to make job easier, decided to code a computer program
which could forecast the weather
▪ At the end King, the programmer, argued that copyright in the programs was his. SAWS argued
it was there
▪ Court did no go into detail into what exactly ‘in course of employment’ means. Said we have to
look at the facts of each situation
▪ Started coding the programs at home. Later decided to work on programs while working,
during work hours. 51% of his time was spent programming at work. Helps him in his work.
