The Institute of Directors in Southern Africa (IoDSA) owns the copyright in
the King Report on Governance for South Africa and the King Code of Governance
Principles (King III). The Copyright Act No.98 of 1978 (the Act) protects
IoDSA's copyright in King III.
Infringement of copyright
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 authorize to do
(s23(1) and s6 of the Act):
- Reproducing King III in any manner or form;
- Presentation of King III in public;
- Broadcasting King III;
- Making an adaptation or translation of King III;
- 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.
In the event that IoDSA provides permission for reproduction, to conduct
presentations or any of the other actions listed above, it reserves the right to
charge a royalty should the reproduction, presentations or other actions be
intended for commercial purposes, e.g as is the case with selling a book or
other publications and conferences.
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 import (for a purpose
other than for private and domestic 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)). Persons who cause King III to be presented in public will also
be guilty of an offence (s27(2)). IoDSA reserves its right to institute civil
proceedings in addition to criminal proceedings.
King III may be used for the following purposes (s12) without the
authorization of IoDSA:
- Fair use made of King III (or an adaption or translation) for research,
private study or personal use;
- Fair use made of King III (or an adaption or translation)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 (or an adaption or translation) in judicial proceedings or
reports of judicial proceedings;
- Fair use made of King III (or an adaption or translation)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, an adaption or translation (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
- Reproductions of King III (or an adaption or translation) 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
which should not be significant.
IoDSA sees the infringement of its copyright in a serious light. Thus persons
are requested to contact IoDSA for authorization should they wish to make use of
King III in any way that could infringe on IoDSA's copyright. Should King III be
used for any authorized cause, persons are still required to clearly cite parts
used from King III and to acknowledge the source and owner of 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' and
the King III Code as ‘The King Code on Corporate Governance for South Africa
(The Institute of Directors in Southern Africa) September 2009'.