In terms of Section 9(a) of the Copyright Act the exclusive right of making, directly or indirectly, a record embodying the sound recording is conferred in respect of a sound recording. The term "record" is defined in Section 1 of the Act to mean "any disc, tape, perforated roll or other device in or on which sounds are embodied so as to be capable of being automatically reproduced therefrom or performed".
A Bill to amend the Copyright Act is currently pending and in terms of this Bill the definition of "record" will be amended to read as follows: "Any disc, tape, perforated roll or other device in or on which sounds, or data or signals representing sounds, are embodied or represented so as to be capable of being automatically reproduced or performed therefrom".
It is submitted that these provisions are in compliance with Article 14.2 of TRIPS.
