South Africa’s Copyright Act, No. 98 of 1978, protects artistic works like those produced by Walter Battiss.
Copyright subsists for a period of 50 years after the end of the year in which the author (in this case Battiss) died. Upon Battiss’ death, copyright in his works vested in an individual (“the copyright holder”). In terms of section 22(3) of the Act, the copyright holder may assign her copyright in the work to a third party. The copyright holder has, accordingly, assigned her copyright to the Walter Battiss Company (“the assignee”).
The copyright holder and/ or her assignee has a monopoly in respect of particular work and she or it alone may decide how a work should be used. In essence the copyright protection is designed to prevent the unauthorised copying of the work or the unauthorised use or exploitation of the work for commercial purposes.
In terms of sections 6 to 11 of the Act, only a copyright holder and/ or her assignee has the right to:
- reproduce the work in any manner or form;
- publish the work;
- perform the work in public;
- broadcast the work;
- cause the work to be transmitted in a diffusion service, unless such service transmits a lawful broadcast, including the work, and is operated by the original broadcaster;
- make an adaptation of the work; and
- do any of the above acts in relation to an adaptation of the work.
Any person who performs any of these acts in relation to a protected work without the permission of the copyright holder, will be deemed to have infringed the copyright in and to the work and will be liable for a damages claim at the instance of the copyright holder and/ or her assignee.
The signature is a registered trademark.
Requests for permission to use Walter Battiss works of art may be directed to the copyright holder at: firstname.lastname@example.org
All prints offered for sale are true and authentic copies of the original artwork of Walter Battiss. Copies have been lawfully compiled with full acknowledgement and consent of the copyright holder.
No reproductions of the works on this website may be made without the explicit written consent of the Walter Battiss Company. Requests for permission to use or reproduce Walter Battiss works of art may be directed to the copyright holder at email@example.com