Copyright registration in South Africa: automatic for most work, registrable only for films

Do you need to register copyright in South Africa?

For most work, no. CIPC’s Register copyright page says:

“Only cinematographic films can be registered with CIPC for copyright purposes. Other materials are copyright-protected automatically upon creation.”

So there’s no CIPC form for a song, a book, a painting, a photo or an app. If a website offers to “register” those with an official body in South Africa, check carefully who runs it. CIPC is the government body, and its page says only films can be registered.

What’s protected automatically in South Africa

According to the same CIPC page, “The following works are eligible for copyright protection under Copyright Act”:

• “Literary works e.g. books and written composition novels;”
• “Musical works e.g. songs;”
• “Artistic works e.g. paintings and drawings;”
• “Cinematograph films e.g. programme-carrying signal that has been transmitted by satellite;”
• “Sound recordings;”
• “Broadcasts e.g. broadcasting of films or music;”
• “Programme-carrying signals e.g. signals embodying a programme;”
• “Published editions e.g. first print by whatever process; and”
• “Computer programs.”

CIPC adds: “For a work to be eligible for copyright protection, it must be original and be reduced to material form.”

If you’re not South African. CIPC says: “You can obtain copyright protection if you are a citizen of South Africa or if your work was produced in South Africa. For non-citizens, you can obtain copyright protection in South Africa only if the country for which you are a citizen is part of the Berne Convention.”

This is general information, not legal advice. For advice about your situation, speak to a lawyer in your country.

How to register a copyright in South Africa (films) and what to keep for everything else

Films: the CIPC process

Form RF1 is headed “Registration of Copyright in Cinematograph Films Act, 1977” and is the “Application Form and Acknowledgement of Receipt” (Form RF1, PDF).

CIPC’s Register copyright page sets out three steps: register as a CIPC customer, deposit funds, then apply for copyright, which it labels “(only cinematographic films)”.

Under “Apply for copyright (only cinematographic films)”, CIPC lists the forms to complete:

• RF1, “submitted in duplicate”
• RF2, “submitted in duplicate”
• RF3, “submitted in duplicate”
• RF9 “together with the ‘Statement of Case’”
• “Power of Attorney letter if services of an attorney are used.”

CIPC also offers an electronic application. Its Copyright forms and fees page describes the forms like this:

You may notice the RF1 form itself shows R231-00. That’s an older fee. Government Notice R.1183, published in the Government Gazette of 1 December 2006, replaced R231 with R510 for this application from 1 January 2007, which matches CIPC’s fees page. Fees can change, so check CIPC’s fees page before you apply.

If you’re filming in South Africa and thinking about registration, a South African IP attorney can tell you whether it suits your project.

Everything else: keep good records

Because protection for other works is automatic, there’s no certificate to show for them. If there’s ever a disagreement about when your work existed, what helps is evidence made at the time:

• drafts and earlier versions
• original source files, such as project files, layered images or code history
• contracts, briefs and invoices
• emails and messages where you shared the work
• publication records, such as release or upload dates

The © notice

CIPC’s page gives examples of a copyright notice:

“Copyright is created by putting the words “copyright” or “copyright reserved” or “copyright Smith 2011” (i.e. copyright, followed by name and the year), or the copyright symbol, name and year e.g. © Meati 2011.”

The same page also says other materials are “copyright-protected automatically upon creation”. A notice tells people who to contact. If you’re unsure what a notice means for your work, ask a South African IP attorney.

This is general information, not legal advice. For advice about your situation, speak to a lawyer in your country.

Where a timestamp fits

An independent timestamp adds a dated record you didn’t make yourself. TimeBinder works out a hash of each file on your device. A hash is a fingerprint of the file: a short code calculated from its exact contents. Only the fingerprint is recorded, and your file is never uploaded. That fingerprint is anchored to the Bitcoin blockchain. Later, the TimeBind shows that an exact file existed no later than the recorded time, and that the file you have still matches its fingerprint.

There are two types. Pooled (1 Token) is batched and anchored, usually recorded within 24 to 48 hours, and often sooner, depending on Bitcoin network activity. ASAP (3 Tokens) gets its own Bitcoin transaction. Pooled TimeBinds are checked through TimeBinder; ASAP TimeBinds can be checked independently with the certificate and the Bitcoin blockchain. Each TimeBind can include up to 10 files, so a song’s project file, stems and lyric sheet can go in together. Our guides on dating a song’s files before release and dating a video edit project before a deadline show what to include.

Your options compared

If you’ve made a film and want an official register entry, CIPC registration is the right tool, and a TimeBind is no substitute for it. For the wider picture, see copyright registration vs a timestamp.

Other countries

Each country has its own rules. For comparison, see copyright registration in Canada and copyright registration in New Zealand.