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ARTICLE · 13 JULY 2018

Software Developers Pasop/Beware/Qaphela/Hlokomela

Section 2 of the South African Copyright Act 98 of 1978 (the "Act") states that computer programs are eligible for copyright protection in South Africa.

South AfricaIntellectual Property

Section 2 of the South African Copyright Act 98 of 1978 (the "Act") states that computer programs are eligible for copyright protection in South Africa. A "computer program" is defined by the Act as "a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result".

What does this mean in plain language? It means that if you write any source code or compile any object code from your source code, then that code is automatically afforded copyright protection merely by virtue of you writing or compiling your code. Unlike patents, trade marks or designs, there is no need for you to register for copyright protection. Although this sounds fairly straight forward, there are some major "potholes" that you must beware of as a South African software developer, and this article aims to give you the idiomatic 101.

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