|Intellectual Property Policy for the King IV Report ™|
The Institute of Directors in Southern Africa’s (IoDSA) owns the copyright and various trade marks in all four of the King Reports and/or Codes on Governance. It has funded the creation and development of the latest King Report, namely the King IV Report on Corporate Governance™ in South Africa 2016 (“King IV Report”). The purpose of this policy is to set out the IoDSA intellectual property rights regarding the King IV Report and provide guidance on how it can be used properly.
The IoDSA has registered trade marks in relation to King IV™ and any and all unauthorised use of the IoDSA trade marks may amount to a trade mark infringement. The IoDSA will thus be entitled to institute civil proceedings against the infringing persons (“persons” includes both natural and juristic persons) and to claim damages for such infringement as permitted in terms of the Trade Marks Act 194 of 1993.
Rules for the use of the Trade Marks
In the IoDSA owning the copyright in the King IV Report and all of its sections the Copyright Act No.98 of 1978 (the Act) protects the IoDSA's full ownership, rights and title in relation to copyright in the King IV Report.
Use of the King IV Report
“Use of the King IV Report™” in any manner will include:
Permissible use of the King IV Report – no IoDSA written authority is required
The King IV Report may be used for only the following purposes without the prior authorisation of IoDSA:
"Fair use” in the above context speaks to the degree and extent of usage, reproduction, adaption and/or translation which should not be significant and therefore, for example, should be limited to only several pages. Persons may not use the King IV Report content for any commercial gain or in any manner that otherwise would be perceived as unfair and must always accredit IoDSA as the owner of the intellectual property rights in and to the e King IV Report.
Permissible use of the King IV Report – IoDSA written authority is required
Any instances where use of the King IV Report that falls outside of the above permitted fair use criteria, such use will require the prior written approval of the IoDSA and may be subject to signing a licence agreement with the IoDSA and a possible royalty fee being charged by the IoDSA where a person derives a commercial benefit.
The IoDSA reserves its right to enter into a licence agreement with any persons as well as to charge a royalty fee (in instances where a commercial benefit is derived) for any requested use of the King IV Report, as permitted by law. In the event that a licence agreement is entered into and a royalty fee is charged, payment of same is required before any use of the King IV Report.
IoDSA sees the infringement of its copyright and trade marks in a serious light. Persons are requested to contact IoDSA in writing via its Legal Department for authorisation should they wish to make use of the King IV Report. If in doubt, persons are requested to contact the IoDSA’s Legal Department for clarity on the permitted use. Any decisions regarding the use of the King IV Report™ will be at the sole discretion of the IoDSA. The IoDSA Legal Department is to be contacted via Tanya Nassif on email@example.com .
All Copyright referencing of the King IV Report
In instances where the King IV Report content is used, whether authorisation is required or not, the appropriate referencing is required at all times as allowed in terms of the Copyright Act and a link to the IoDSA website. Below is the required referencing that needs to be used:
The King IV™ Report should be referenced as:
When quoting any text directly from the King IV Report, the quoted portion must be put in italics and a footnote with the aforesaid reference above must be used.
The IoDSA must be acknowledged as the owner and creator of the intellectual property rights in and to the King IV Report itself as well as the King IV Report trade marks and a link to the website of the IoDSA must be provided in all of the aforesaid instances. The link to use is: http://www.iodsa.co.za/?page=AboutKingIV . However, this may not be done in any manner that suggests that the user is associated with or endorsed by the IoDSA when this is not the case.
 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.pdf
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