Estados Unidos de América
Derecho de autor y derechos conexos
2. Does South Africa apply the “rule of the shorter term” to phonograms and performances from other WTO Members? If so, please explain how you justify such action under TRIPS Article 4.
The term of protection in the case of a sound recording or phonogram is 50 years from the date on which the sound recording is first published (Section 3(2)(c) of the Copyright Act). This term applies irrespective of the country of origin of the sound recording. By the same token the term of protection granted to performers in respect of their performances under the Performers' Protection Act is 20 years calculated from the end of the calender year in which the performance took place or, if the performance was incorporated in a sound recording, the year in which it was so incorporated (Section 7 of the Performers' Protection Act). Here too the term is the same for foreign and South African performances. Accordingly, South Africa does not apply the "rule of the shorter term" to phonograms and performances from other WTO Members. (See in this regard also our answer to United States question 9 and European Communities question 7).