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Copyright

Copyright Application regarding a Cinematograph Film

If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application according to the requirements of the Registration of Copyright in Cinematograph Films Act No. 62 of 1977.

It is best to get the help of intellectual property attorneys regarding a cinematograph film copyright application as the copyright application must be completed thoroughly and certain documents submitted. If not done correctly, you face the chance of the application being rejected or the copyright protection to be limited.

A cinematograph film refers to any fixation on film or material of signals, images in sequence or signals which can be used in conjunction with a device with which a moving picture is created and reproduced. Such includes the soundtrack and any other sounds associated with the film.

It, however, doesn’t include the computer software in the making of such. The mentioned act doesn’t replace copyright regulations, but does pertain to the copyright application for registration of copyright on a cinematograph film.

Any person who is the owner of the copyright as relating to the cinematograph film may submit a copyright application at the Registrar in the required manner.

There are certain requirements to be met for the copyright application filing such as the completion of the application with information about the applicant, the residential address of the applicant or in case of a business, the street trading address, documentary proof of entitlement to apply if the applicant is not the author, and information about the film itself.

Such information includes whether it is a black and white or colour film and whether any distinguishing marks are used.

In addition a statement of case must be submitted as well as a Power of Attorney if one applies through intellectual property attorneys.

Contact us at Smit & Van Wyk to assist you with the copyright application regarding a cinematograph film.

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