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King III Copyright
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Policy for Copyright and Royalty of King III

Background

The Institute of Directors in Southern Africa (IoDSA) owns the copyright in the King Report on Corporate Governance and the King Code of Corporate Governance collectively referred to herein as King III. The Copyright Act No.98 of 1978 (the Act) protects IoDSA's copyright in relation to King III.

The purpose of this policy is to set out the instances where King III may be used without requesting authority, the instances where the IoDSA needs to authorise the use of King III and may charge a royalty fees around such usage of King III and lastly, the proper referencing of King III in any publication or document.

 

Permitted Use – no request for authority required


King III may be used for the following purposes without the prior authorisation of IoDSA[1]:

  • Fair use made of King III for research, private study or personal use;
  • Fair use made of King III for criticism or review of King III or another work, or reporting current events in newspapers, magazines and similar periodicals or by means of broadcasting if the source and name of the author is mentioned;
  • Use of King III in judicial proceedings or reports of judicial proceedings;
  • Fair use made of King III for quotations, if the extent of the quotation does not exceed the extent justified by the purpose and if the source and name of the author is mentioned;
  • Fair use made of King III (to the extent justified by the purpose) by way of illustration in publications, broadcast or sound or visual records for teaching if the source and name of the author is mentioned;
  • Reproductions of King III by broadcasters intended exclusively for lawful broadcasts and destroyed within 6 months from reproduction. (Reproductions of exceptional documentary nature may be preserved for longer under circumstances specified by s12(5)(b) of the Act);
  • Use of King III in a bona fide demonstration of radio or television receivers or any type of recording equipment or playback equipment to a client by a dealer in such equipment.
  • Copying and other use of King III Practice Notes.

"Fair use” in the above context speaks to the degree and extent of usage or adaption or translation which should not be significant and therefore only several pages

 

Instances where IoDSA authority is required


Any instances of use of King III that fall outside of the above permitted use criteria would need the prior written approval of the IoDSA. In particular persons infringe on IoDSA's copyright if they perform any of the following actions, which the IoDSA has the exclusive right to do and to authorise to do (s23(1) and s6 of the Act):

  • Reproducing King III in any manner or form;
  • Presentations of King III in public;
  • Broadcasting King III;
  • Making an adaptation or translation of King III; and
  • doing, in relation to an adaptation or translation of King III, any of the acts specified in the above points in relation to King III.

IoDSA sees the infringement of its copyright in a serious light. Persons are requested to contact IoDSA for authorisation should they wish to make use of King III in any way that could infringe on IoDSA's copyright.

In the event of infringement IoDSA will be entitled to institute civil action against the infringing persons and to claim damages, an interdict, delivery of the infringing works and/or reasonable royalties.

Also, persons will be guilty of an offence if they use, sell, let, by way of trade offers or exposes for sale or hire, or distribute (for the purposes of trade or for other purposes to such an extent that IoDSA is prejudicially affected) articles which they know to be infringing copies of the King III, without the authority of IoDSA (s27(1) of the Act). Persons who cause King III to be presented in public will also be guilty of an offence (s27(2) of the Act). IoDSA reserves its right to institute civil proceedings in addition to criminal proceedings.

In the event that IoDSA provides permission for reproduction, to conduct presentations or any of the other actions requiring authority, it reserves the right to charge a royalty fee should the reproduction, presentations or other actions be intended for commercial purposes, eg as is the case with selling a book or other publications and conferences.

Referencing King III

The King III Report should be referenced as:

· "The King Report on Corporate Governance for South Africa (The Institute of Directors in Southern Africa) September 2009”;

The King III Code should be referenced as

· "The King Code of Corporate Governance for South Africa (The Institute of Directors in Southern Africa) September 2009



[1]This list has been adapted and taken from Section 12 of the Copyright Act available on this link http://www.cipro.co.za/legislation%20forms/Copyright/Copyright%20Act.pdfct


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