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Copyright Act, 1978 (Act No. 98 of 1978)

Chapter 2 : Infringements of Copyright and Remedies

28. Provision for restricting importation of copies

 

 

1) The owner of the copyright in any published work may give notice in writing to the Commissioner for Customs and Excise (in this section referred to as "the Commissioner")—
a) that he is the owner of the copyright in the work; and
b) that he requests the Commissioner to treat as prohibited goods, during a period specified in the notice, copies of the work to which this section applies: Provided that the period specified in a notice under this subsection shall not extend beyond the end of the period for which the copyright is to subsist: Provided further that the Commissioner shall not be bound to act in terms of any such notice unless the owner of the copyright furnishes him with security in such form and for such amount as he may require to secure the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any copy of the work to which the notice relates or as a result of anything done by him in relation to a copy so detained.

 

2) This section shall apply to any copy of the work in question made outside the Republic which if it had been made in the Republic would be an infringing copy of the work.

 

3) Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation into the Republic at a time before the end of the period specified in the notice of any copy of the work to which this section applies shall be prohibited.

 

4) Notwithstanding anything contained in the Customs and Excise Act, 1964 (Act No. 91 of 1964), a person shall not be liable to any penalty under that Act (other than forfeiture of the goods) by reason of the fact that any goods are treated as prohibited goods by virtue of this section.

 

5) This section shall mutatis mutandis apply with reference to an exclusive licensee who has the right to import into the Republic any work published elsewhere.