How does copyright come into existence?
Answer
There is no formal registration required in order to obtain copyright in a work. Copyright exists automatically in an original work of authorship once it is fixed in a tangible medium. There are requirements needed for the work to enjoy copyright.
Requirements
Originality- The work must be original
- The Work must be the product of the creator’s own efforts and skills
- The work should not be copied from other sources
- Copyright must exist in a tangible medium and not as an idea alone
- A design (artistic work) does not come into existence until it is reduced to paper, even if the designer has a clear idea of the design he wishes to create
- a citizen, resident or must be domiciled in South Africa
- in the case of a legal body, such entity must be incorporated in South Africa
- or one of the convention countries