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1. Member raising question and answering

United States of America
South Africa

2. Category and subcategory

Copyright and Related Rights

3. Question

[Follow-up questions] (a) Please explain the application of Section 43(a)(ii) of the South African Copyright Act to computer programs, and in particular whether existing computer programs from WTO Members are protected, and going back to what date.

4. Answer

No matter when computer programs were made they enjoy protection under South African copyright law. Computer programs made prior to 1965 are protected as literary works (i.e. as a species of literary work). Computer programs made subsequent to September 1965 and prior to 1 January 1979 enjoy protection as a species of literary work and as a "computer program" (i.e. the sui generis category of work). A computer program made after 1 January 1979 only enjoys copyright protection a computer program and not as literary work. The aforegoing applies equally to computer programs of South African origin and to computer programs of foreign origin.
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