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Copyright LibGuide

This guide provides information about understanding copyright law, fair use and best practices for protecting and sharing creative works

Copyrights: Fair Use

A brief overview of Fair Use 

In South Africa, the principle of fair use is systematized within the Copyright Act of 1978. Section 12 of the Act outlines the specific conditions under which the use of copyrighted material is permissible without requiring prior authorization from the copyright holder, Copyright Act of 1978 (SA) s. 12 (SA.).

Take a look at the following YouTube video which looks at "Fair Use Explained"

Fair Dealing
In South Africa Section 12 of the Copyright Act permits certain acts of reproduction to be carried out without obtaining prior authorization. The provision for "Fair Dealing" under Section 12(1) specifically allows reproduction for designated purposes, Copyright Act 98 of 1978.

  • Conducting research or engaging in private study
  • Personal or individual use
  • Providing criticism or conducting a review
  • Reporting on current events, such as in newspapers or broadcasts
  • Participation in judicial proceedings or documenting judicial proceedings

Sections 12(2) to 12(4) permit the following activities without requiring prior authorization:

  • Using a fair portion of a work for the purpose of quotation.
  • Utilizing content for teaching purposes, such as in a PowerPoint presentation. However, if the presentation slides are to be distributed to students, it is necessary to obtain copyright clearance for the copyrighted materials included or remove them prior to distribution.
     

Guidelines for Fair Dealing in Education and Research

While the South African Copyright Act of 1978 does not specify precise limits, generally accepted practices have established the following benchmarks:

  • Books: Up to 10% of the total content or one full chapter.
  • Journal Articles: One complete article from a single journal issue.
  • Case Studies and Law Reports: Reproduction of an entire case study or law report is typically allowed, as these are often considered complete and self-contained works.

These thresholds aim to balance the rights of the copyright holder with the needs of educators, researchers, and students. They ensure that the use is proportionate and does not negatively impact the market for the original work.

 

Take a look at the following YouTube video which looks at "Creativity, Copyright, and Fair Use"

Acknowledgment of Source:

  • Proper citation of the source and author is a critical component of fair dealing, especially in academic and research settings. This not only respects the moral rights of the copyright holder but also aligns with scholarly integrity.

Contextual Discretion:

Fair dealing requires the user to consider the purpose, nature of the work, amount used, and effect of the use on the market value of the original work. For instance:

  • Purpose: Copying for educational use in a classroom is more likely to fall under fair dealing than copying for commercial use.
  • Nature: Works meant for educational or informational purposes (e.g., textbooks) may have more restrictive considerations than fictional or creative works.
  • Market Impact: Extensive reproduction that could replace the need for purchasing the original work is unlikely to qualify as fair dealing.

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