European Union
South Africa
Copyright and Related Rights
7. Are performances of performers protected for the term required in Article 14(5) of the TRIPS Agreement?
The 20 year term of protection provided for in Section 7 of the Performers' Protection Act does not comply with TRIPS Article 14.5. However a Bill amending the Act in this respect is currently pending before the legislature. The amended Section 7 will read as follows: "The prohibition against the use of a performance as provided for in Section 5 shall commence upon the day when the performance first took place or, if incorporated in a phonogram, when it was first fixed on such phonogram, and shall continue for a period of 50 years calculated from the end of the calendar year in which the performance took place or was incorporated in the phonogram, as the case may be."