Selected year snapshot
For 1993, the active event in this file is Copyright Amendment Act 125 of 1992.
100%
Current rationale
The Copyright Amendment Act 125 of 1992 introduced computer programs as a separate category of copyrightable work and added Section 19B, which explicitly extends the fair dealing provisions of Section 12 (including research and private study) mutatis mutandis to computer programs. This broadened the scope of the existing fair dealing exception by ensuring it covers computer programs in addition to literary, musical, and artistic works. The pre-existing fair dealing exceptions in s.12(1)(a) and s.12(4) remain unchanged and continue to apply. The overall classification remains GREEN because fair dealing for research covers any exclusive right ('dealing'), is open to any user conducting research, and now covers an even broader range of works including computer programs.
Exceptions considered
Fair dealing with a literary or musical work for the purposes of research or private study by, or the personal or private use of, the person using the work — unchanged
Fair dealing with an artistic work for the purposes of research or private study — unchanged
Extends sections 12, 13, 14, 16, 17, 18 and 19 mutatis mutandis to computer programs, thereby extending fair dealing for research to computer programs
General exceptions from protection of literary and musical works — personal/private use reproduction, judicial proceedings, quotation
Law changes
Copyright Act 98 of 1978
Baseline · Effective 1979-01-01
100%
Relevant section: Section 12(1)
Dates: Effective 1979-01-01 · Enacted 1978-06-20
Why this score
Section 12(1)(a) provides a fair dealing exception for 'research or private study by, or the personal or private use of, the person using the work' with respect to literary or musical works. The phrase 'fair dealing' covers any exclusive right (reproduction, communication, etc.), not only reproduction. The clause 'for the purposes of research or private study by, or the personal or private use of, the person using the work' contains two limbs separated by 'or': (1) research or private study, and (2) personal or private use. The 'personal or private use' qualifier attaches to the second limb. The first limb — 'research or private study' — is not explicitly restricted to private or personal users only; it is qualified by 'by ... the person using the work,' which identifies the beneficiary but does not restrict it to private individuals (any person conducting research qualifies). Section 12(4) extends fair dealing to artistic works: 'The copyright in an artistic work shall not be infringed by any fair dealing with such work for the purposes of research or private study, or for the purposes of criticism or review of that work or of another work.' Section 12(4) does not include the 'personal or private use' qualifier at all. Together, these provisions cover literary, musical, and artistic works for research via fair dealing (any exclusive right). However, the fair dealing provisions in s.12(1) and s.12(4) are limited to literary, musical, and artistic works — they do not explicitly cover sound recordings, cinematograph films, broadcasts, or computer programs. Sections 15–19B contain separate provisions for those categories. Despite the work-type limitation, the term 'fair dealing' covers both reproduction and communication/sharing, and the research purpose is open to any user. The work-type limitation (not covering sound recordings, films, broadcasts, etc.) could suggest ORANGE, but the fair dealing clause covers the three main categories of works (literary, musical, artistic) which encompass the vast majority of research-relevant works. Under the classification rules, 'fair dealing with a work for the purposes of research or private study' where 'dealing' covers any exclusive right and is open to any user maps to GREEN. The non-commercial restriction and proportionality inherent in 'fair dealing' are classification-neutral factors.
Exceptions considered
Fair dealing with a literary or musical work for the purposes of research or private study by, or the personal or private use of, the person using the work
Fair dealing with an artistic work for the purposes of research or private study, or for the purposes of criticism or review
Fair dealing with a literary or musical work for the purposes of criticism or review
General exceptions from protection of literary and musical works — includes reproduction for personal or private use, judicial proceedings, quotation compatible with fair practice
Original text
12. (1) Copyright shall not be infringed by any fair dealing with a literary or musical work- (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purposes of reporting current events- (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film: Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work.
Source links
Copyright Amendment Act 125 of 1992
Relevant update · Effective 1992-07-02
100%
Relevant section: Section 12(1), Section 19B
Dates: Effective 1992-07-02 · Enacted 1992-07-02
Why this score
The Copyright Amendment Act 125 of 1992 introduced computer programs as a separate category of copyrightable work and added Section 19B, which explicitly extends the fair dealing provisions of Section 12 (including research and private study) mutatis mutandis to computer programs. This broadened the scope of the existing fair dealing exception by ensuring it covers computer programs in addition to literary, musical, and artistic works. The pre-existing fair dealing exceptions in s.12(1)(a) and s.12(4) remain unchanged and continue to apply. The overall classification remains GREEN because fair dealing for research covers any exclusive right ('dealing'), is open to any user conducting research, and now covers an even broader range of works including computer programs.
Exceptions considered
Fair dealing with a literary or musical work for the purposes of research or private study by, or the personal or private use of, the person using the work — unchanged
Fair dealing with an artistic work for the purposes of research or private study — unchanged
Extends sections 12, 13, 14, 16, 17, 18 and 19 mutatis mutandis to computer programs, thereby extending fair dealing for research to computer programs
General exceptions from protection of literary and musical works — personal/private use reproduction, judicial proceedings, quotation
Original text
19B. (1) The provisions of sections 12, 13, 14, 16, 17, 18 and 19 shall mutatis mutandis apply with reference to computer programs. (2) In addition to uses contemplated in sections 12, 13, 14, 16, 17, 18 and 19, as applied by subsection (1), the copyright in a computer program shall not be infringed by a person who is in lawful possession of that computer program or a copy thereof and who- (a) makes copies of or adaptations of that computer program if such copies or adaptations are necessary for- (i) the use of the computer program with a computer for the purpose and extent for which the computer program was obtained; or (ii) the making of a back-up copy needed for the purposes of the conservation of the computer program; (b) lends, offers or exposes for hire or sells copies of the computer program to any person, if such copies are not infringing copies under this Act.
Source links
Copyright Act 98 of 1978 (as amended through Act 9 of 2002)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 12(1)(a), Section 12(4), Section 19B(1)
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 98 of 1978 remains in force with its fair dealing provisions unchanged. The Copyright Amendment Bill (B13B of 2017, later passed as the Copyright Amendment Act 28 of 2019) was passed by Parliament and signed by the President in 2020 but was referred back by the President to Parliament on constitutional grounds and has NOT entered into force. Therefore, the law in force in 2025 remains the Copyright Act 98 of 1978 as last substantively amended by Act 9 of 2002 (which amended s.9 on sound recordings and the definition of 'Minister' but did not alter the fair dealing provisions in s.12 or s.19B). The most permissive research-relevant exceptions remain: (1) Section 12(1)(a) — fair dealing with literary or musical works for research or private study; (2) Section 12(4) — fair dealing with artistic works for research or private study; (3) Section 19B(1) — extending s.12 mutatis mutandis to computer programs. 'Fair dealing' covers any exclusive right (reproduction, communication, etc.), is open to any user conducting research, and applies to literary, musical, artistic works, and computer programs. There is no TDM-specific exception in force. The classification is GREEN because the fair dealing exception for research covers any dealing (not limited to reproduction), applies to any user, and covers the main categories of works. The fact that sound recordings, cinematograph films, and broadcasts are not explicitly covered by the s.12 fair dealing clause does not reduce the classification below GREEN, as the core research-relevant work types (literary, musical, artistic, computer programs) are covered. Non-commercial restrictions and proportionality inherent in 'fair dealing' are classification-neutral.
Exceptions considered
Fair dealing with a literary or musical work for the purposes of research or private study by, or the personal or private use of, the person using the work
Fair dealing with an artistic work for the purposes of research or private study, or for the purposes of criticism or review
Extends sections 12, 13, 14, 16, 17, 18 and 19 mutatis mutandis to computer programs — thereby extending fair dealing for research to computer programs
General exceptions from protection of literary and musical works — personal/private use reproduction, judicial proceedings, quotation compatible with fair practice
Fair dealing with a literary or musical work for the purposes of criticism or review
Fair dealing with a cinematograph film for criticism, review, or reporting current events (does not explicitly include research)
Original text
12. (1) Copyright shall not be infringed by any fair dealing with a literary or musical work- (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purposes of reporting current events- (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film: Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work. ... (4) The copyright in an artistic work shall not be infringed by any fair dealing with such work for the purposes of research or private study, or for the purposes of criticism or review of that work or of another work. ... 19B. (1) The provisions of sections 12, 13, 14, 16, 17, 18 and 19 shall mutatis mutandis apply with reference to computer programs.