Publishers’ association of south africa

COPYRIGHT WARNING

The Copyright Act, 1978, governs the making of photocopies or other reproductions of copyrighted material. Under the provisions of the Act libraries and archive repositories are authorised to supply photocopies or other reproductions. One of these provisions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship or research or personal or private use.

If a user makes a request for, or later uses, a photocopy or reproduction for purposes not permitted by the Act, that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its opinion, fulfilment of the order might involve violation of the Act.

(2) The copyright warning required to be displayed in terms of sub-regulation 14(1) shall be printed on heavy paper or other durable material in type at least 18 points in size, and shall be displayed prominently, in such a manner and position as to be clearly visible and comprehensible to a casual observer in the immediate vicinity of the place where orders are accepted or where unsupervised equipment is located.

(3) The copyright warning required to be incorporated in order forms in terms of sub-regulation 14(1) shall be printed within a box located prominently on the order form itself, either on the face of the form or immediately adjacent to the space calling for the name or signature of the person using the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such a manner as to be clearly legible, comprehensible and readily apparent to a casual reader of the form.

[NO RECOMMENDATION IS MADE IN RESPECT OF ANY OTHER CHAPTER OF THE COPYRIGHT REGULATIONS]

NEW PROPOSED DRAFT REGULATIONS –

AN EXPLANATION

Note: The regulations currently in force are referred to as the “current regulations”; the revised regulations as published in the Government Gazette of 7 August 1998 are referred to as the “draft regulations” and the new proposed draft regulations as set out herein are referred to as the “proposed draft regulations”.

DEFINITIONS

Changes to definitions:
(1)(d) “handicapped reader” has been changed to “disabled reader”. Members of the SAUVCA/CTP Copyright Task Team suggested numerous variants of this definition, some quite cumbersome, but “disabled reader” seems to be the most apt of the suggestions.
(e) “educational institution” has been more simply defined as “any institution providing general, further or higher education and training”. This is in line, both with the desire for simplicity, and with the suggestion of the SAUVCA/CTP Submission.
(f) The definition of “librarian’ has been extended to include “member of library staff” as requested by the Submission.
(g) The definition of “library” has been simplified in line with the Submission. This is a more generic definition, and includes all types of libraries.

Two definitions have been deleted:

Definition (i) of the draft regulations (“quarter”): Educationists in the Task Team objected to the definition of a discrete part of a course in terms of its duration, and requested that the definition should take account of the development towards open learning, or a system dependent on less-fixed periods of study. Since the expression “quarter” is used only once in the draft regulations, in sub-regulation (2)(b), sub-regulation 2(3)(b) of the proposed draft regulations itself defines the ‘block’ beyond which further copying is disallowed.
Definition (j) of the draft regulations (“reasonable portion”): This definition caused considerable confusion among educationists and librarians. In the lengthy document entitled SAUVCA/CTP Copyright Task Team’s Comments on the Draft Regulations Published in the Government Gazette of 7 August 1998 (the Submission) numerous contributors misconstrued “reasonable portion” as referring to permitted reproduction in educational institutions whereas in fact it refers to permitted reproduction by libraries and archive repositories, and they consequently called for sub-regulation 2(2)(b) of the draft regulations to be changed from one percent to ten percent. There is no need to define “reasonable portion” at all if, in the sub-regulations which refer to it if the amount itself is inserted.