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Copyright

This LibGuide will help you to know the legal correct way to use copyright works or works covered by Creative Commons licences.

Copyright licensing & services at Nelson Mandela University

Nelson Mandela University takes its duty to comply with the Copyright Act and related Regulations very seriously therefore, Nelson Mandela University Legal Services operate a Copyright Clearance Office to obtain licensing on your behalf.

Our University has elected to license copyright transactionally:

Transactional Copyright licences are only valid for:

  • The current year - if the material is used again the following year, the licence must be renewed.
  • Specific student numbers & course codes as stated on the licence (e.g. if the notes are used at more than 1 campus – student numbers and course codes must be included in the application)
  • Dissemination method stipulated on the licence (e.g. licence for printed notes is not valid for electronic posting or library short loans)
  • Material licensed by DALRO must be printed on campus. 

Dramatic, Artistic and Literary Rights Organization (DALRO) clears most of our transactional licences, quotes take approximately 5 working days and require approval from the Director of Legal Services.  DALRO application forms are available on the Portal .  Once the DALRO form is completed please send to the Copyright Office to process. 

 

 

Type of works applicable to DALRO licensing

There are three types of works of copyright that are applicable to DALRO licensing: literary works, artistic works and published editions.

For a literary work, artistic work, and published editions to qualify for copyright, the work must be:

  • Original. The quality or artistic merit of the work is not a consideration
  • In material form – written down (this includes any form of notation, whether by hand or by printing, typewriting or any similar process), painted, drawn, recorded (including in digital format), or otherwise reduced to material form. Thoughts, concepts or ideas that exist only in the mind do not qualify
  • Created by a qualified person, who is:
    • A South African citizen or an individual who is domiciled or resident in South Africa
    • A legal entity incorporated under South African law
    • An individual or legal person domiciled, resident or registered in a country which is a signatory to the Berne Convention 

 

Literary Works

Examples of literary works include:

  • novels, stories and poetical works
  • dramatic work, recorded choreographic work, stage directions, cinematograph film scenarios and broadcasting scripts
  • textbooks, treatises, histories, biographies, essays and articles
  • encyclopaedias and dictionaries letters, reports and memoranda
  • lectures, speeches and sermons
  • tables and compilations, including tables and compilations of data stored or embodied in a computer or a medium used in conjunction with a computer, but shall do not include a computer program

 

Artistic works

Examples of artistic works include:

  • paintings, sculptures (includes any cast or model made for purposes of sculpture), drawings (any drawing of a technical nature or any diagram, map, chart or plan), engravings any etching, lithograph, woodcut, print or similar work) and photographs any product of photography or of any process analogous to photography but does not include any part of a cinematograph film)
  • works of architecture, either buildings or models of buildings
  • works of craftmanship not falling within the former or latter groups

 

Published editions

Published editions refers to the first print by whatever process of a particular typographical arrangement of a literary or artistic work

 

DALRO Reprographic Licensing Rules

•We can only license 10 % of a book or a book chapter
•Should a book chapter exceed 10% we also license it on the grounds that it is a book chapter. 
 

License works:

  • published by local publishers we represent
  • published in territories where bilateral agreements are in place
 

Academic journals, magazines & newspaper articles:

  • We license the full article
 
NB!!! For everything else not falling within above contact DALRO 

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