The Act only protects the following classes or categories of works. A full description of the following classes can be found in The Principles of Copyright document.

• Literary Works
• Musical works
• Artistic works
• Cinematograph films
• Sound recordings
• Broadcasts
• Programme carrying signals
• Published editions
• Computer programmes.

Copyright protection exists automatically in a work, provided that the requirements of the Act are met.

These requirements include that the work must be original. It is not necessary or possible to register the copyright for a work, except in the case of cinematograph films (in respect of which registration is optional).

It is best to warn others that copyright subsist for a work by placing an appropriate notice on the work. The following is an example of such a notice: “© Tshwane University of Technology 2008. All rights reserved.

Copyright can be infringed directly or indirectly. Direct copyright infringement takes place when a person does something in relation to a work which only the owner of the copyright in that work may do, for example if the infringer makes reproductions of a work.

There will only be direct infringement if a substantial part of the work is copied.

Indirect copyright infringement occurs if someone commits certain acts in relation to a work while that person knows that the work infringes someone’s copyright.

This kind of infringement is a criminal offence which carries a sanction of a fine and/or imprisonment.

Tshwane University of Technology respects copyright and will not condone or allow any staff member to infringe copyright.

The University will not accept any liability for copyright infringement by a staff member.

The Act provides certain exceptions to the infringement of copyright. These exceptions include the following:

• The copyright for a work will not be infringed if the work is used by way of illustration for teaching purposes. However, such use must be in accordance with fair practice and the source of the article and the name of the author, if it is available, must be mentioned.
• Fair dealing with a literary or musical work will not constitute infringement if the work is used for purposes of research or private study.

If lecturers wish to distribute copies of copyrighted works or include such works in study material, permission or a license from the relevant publisher or licensing society must be obtained.

Clearance must always be obtained before a work is reproduced. Most publishers will give permission for only one chapter or 10% from any book and only one article from any journal. Inter alia, licenses must be obtained for the following:

• Each item which is distributed to students as part of a course pack/study guide or single handout.
• Each item posted on myTUTor (previously WebCT).
• Each item placed on reserve in the library’s short-loan section. (The library may not place any photocopies on the reserve shelf without proof of permission.)

It may take a couple of months to obtain copyright clearance. Careful planning is therefore essential.

It is essential to plan ahead and budget for reprographic reproduction costs. Reprographic reproduction royalties vary. For example:

The cost will be ± 55c plus VAT per copied page (number of pages x number of copies) for works in respect of which the reprographic rights are administered locally by DALRO.

Applying for copyright clearance and further information

Alet Vos (Assistant Copyright Officer) is available to assist with copyright and related matters.

She can be reached on +27 12 3824968 or via e-mail at

Requests for copyright permission must be made by completing and submitting application forms which can be obtained from the copyright office.

All applications should be lodged at least one month prior to the date when the applicant requires the duplication.