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


Copyright Regulations, 1978

Chapter 2 : Sound Recording Royalties

14. Determination of royalties


(1) The royalty payable in terms of section 14(1)(d) of the Act shall be 5 per cent retail selling price of the record as defined in regulation 12: Provided that, if the amount so calculated includes a fraction of a cent that fraction shall be reckoned as one half of a cent and if, but for his proviso the calculation would include a fraction of more than half a cent, that fraction shall be one cent.


(2) In the case of a record comprising two or more musical works (with or without other material and either in their original form or in the form of adaptations) in which copyright subsists—
(a) the minimum royalty in the absence of an agreement as envisaged in regulation 11(1) shall be one half of one cent in respect space of each of those works; and
(b) if the owners of the copyright in the works are different persons, the royalty shall be apportioned among them in such manner as may be agreed upon by them or as may, in a default of agreement, be determined by arbitration