Estados Unidos de América
Derecho de autor y derechos conexos
11. Please explain whether the exception in Section 19B(2) permits the making of multiple copies of a work as well as how the phrase “reasonably necessary” has been interpreted.
Section 19B(2) does permit the making of multiple copies provided the copying as such as well as the quantities of copies are "reasonably necessary ... for back-up purposes". There has been no judicial interpretation to date of the term "reasonably necessary" but it can be expected that it will be interpreted in a similar manner to the interpretation of the term "fair dealing" in Section 12(1). Although this term has not been judicially interpreted in South Africa as yet, it is widely accepted that our courts will be guided by United States jurisprudence on the question of "fair use".