Intellectual Property

Intellectual Property

Copyright

A copyright is an exclusive right granted by law (internationally) for a limited period to an author, designer, etc. for his/her original work. Unlike other forms of intellectual property, copyright does not need to be registered, except for cinematograph films. The application of this general principle varies from country to country.

In South Africa this is covered by the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry.

The South African intellectual rights organization (IRO), DALRO, explains it as follows on its website[1]:

"Copyright controls how you use creative works made by other people. It gives exclusive rights to the original creator to receive payment in the form of royalties for all reproductions and use of the work."

Copyright is related to, but not the same as, performing rights and both are aspects of the overarching concept of intellectual property.

See further:

https://en.wikipedia.org/wiki/Copyright

https://en.wikipedia.org/wiki/Copyright_law_of_South_Africa

https://www.gov.za/documents/copyright-act-16-apr-2015-0942

Performing Rights

Performing rights are the right to perform music, literary works (plays, poems, etc.) in public. It is part of copyright law and demands payment (royalties) to the creator (composer, lyricist, choreographer, playwright, poet, etc.). In the case of published work, the publisher may share in the royalties paid for performances, according to the contractual agreement between creator and publisher.

In South Africa such rights are handled by two organizations, the Southern African Music Rights Organisation (SAMRO) and the Dramatic, Artistic and Literary Rights Organisation (DALRO).

See also:

http://www.dalro.co.za/index.php/about-us/about-dalro

http://www.samro.org.za/news/articles/performing-rights-unpacked-0

Royalties

A royalty - or more commonly royalties - is the term used for the income earned by a creator (author, artist, photographer, composer, etc.) for each copy of his/her work (book, article, composition, artwork) sold, or for each public performance of a work (play, composition, film, etc.) and by a patentee for the use of his/her patent.

The website Investopedia[2] expands on this in its article Royalty (under the rubric "Financial Analysis"):

"A royalty is a payment to an owner for the ongoing use of their asset or property, such as patents, copyrighted works, franchises, or natural resources. The legal owner of the property, patent, copyrighted work, or franchise receives a royalty payment from licensees or franchisees who wish to make use of it to generate revenue. In most cases, royalties are designed to compensate the owner for the asset's use, and they are legally binding.... The terms of royalty payments are laid out in a license agreement."

Intellectual Property Rights in South Africa

Like the issue of copyright, performing rights in South Africa are covered by the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. In South Africa such rights are normally handled by two organizations, the Southern African Music Rights Organisation (SAMRO) and the Dramatic, Artistic and Literary Rights Organisation (DALRO).

For more on these organizations, see the entry on each, and/or consult their websites:

DALRO: http://www.dalro.co.za/index.php/about-us/about-dalro

SAMRO: http://www.samro.org.za/news/articles/performing-rights-unpacked-0

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