COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) 38 Reproducing artistic work for purpose of advertising its sale The copyright in an artistic work shall not be infringed by copies which are made and issued to the public for the purpose of advertising the sale of the work: Provided that if such a copy is subsequently sold, let for hire, exhibited in public, distributed or otherwise dealt with for any other purpose it shall be treated as an infringing copy for the purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes. 39 Use of work for demonstration purposes The copyright in a literary or musical work shall not be infringed by the use of the work in a bona fide demonstration of a radio or television receiver or computer or any type of recording equipment or playback equipment to a client by a dealer in such equipment. 40 Computer programs: back-up copies, decompilation, etc. (1) Subject to this section, a person who is in lawful possession of a computer program, or a copy of such a program, may do any of the following things without infringing copyright in the program⎯ (a) make copies of the program to the extent reasonably necessary⎯ (i) for back-up purposes; or (ii) to correct errors in it; or (iii) for the purposes of decompilation in terms of paragraph (b); or (iv) for the purpose of testing the program to determine its suitability for the person’s use; or (v) for any other purpose that is not prohibited under any licence or agreement whereby the person is permitted to use the program; (b) decompile the program, that is to say, convert the program into a version expressed in a different programming language, code or notation, for the purpose of obtaining information needed to enable the program to operate with other programs; (c) let the program on hire together with a computer or other device, where the program itself is not the essential object of the lease. (2) Any copy made in terms of paragraph (a) of subsection (1) shall⎯ (a) be used only for the purpose for which it was made; and (b) be destroyed when the person’s possession of the computer program in question, or of the copy of the program, ceases to be lawful. 41 Recording of programmes and broadcasts for purposes of subsequent viewing or listening (1) The copyright in— (a) a broadcast or cable programme; or (b) any work contained in a broadcast or cable programme; shall not be infringed by the broadcast or programme being recorded for the sole purpose of enabling it to be viewed or listened to at a more convenient time. Act 11/2001 - 27 Chapter 26:01