You cannot register copyright in South Africa – with one exception. For almost every kind of work there is no register and no application to file. Copyright arises automatically, the moment an original work is written down, recorded or drawn, under the Copyright Act 98 of 1978. Anyone offering to register your copyright in South Africa is selling you something that does not exist.

That is usually good news and occasionally a problem. Good, because protection is free and immediate. A problem, because there is no certificate to wave at anyone, so what matters is your evidence of authorship and your paperwork on ownership.

What copyright covers, and what it does not

Copyright protects the material expression of a work. It does not protect the idea, the concept, or how a product works. Two people can have the same idea and each own copyright in their own expression of it.

The Copyright Act 98 of 1978 lists the categories. The ones that come up in business are artistic works such as a logo or drawing, literary works such as website copy and manuals, musical works, computer programs, sound recordings, cinematograph films, broadcasts and published editions.

Two conditions must be met before any of it applies: the work must be original, meaning it originated with the author rather than being copied, and it must exist in material form. An idea discussed in a meeting is protected by nothing.

Copyright and trade marks protect different things

They are often confused, and the difference decides which one you actually need.

	Copyright	Trade mark
What it protects	The expression: your logo artwork, photographs, website copy, code, music	The brand: the name or mark that tells buyers the goods are yours
How you get it	Automatically on creation	By registration, or by use plus reputation
Register	None in South Africa	CIPC, 45 classes
Lasts	Life of the author plus 50 years, for literary and artistic works	Ten years, renewable for ever
Stops a competitor from	Copying your artwork or text	Trading under a confusingly similar name

A logo can carry both at once. The drawing is protected by copyright; the brand it stands for is protected by trade mark registration. Copyright will not stop a competitor who uses your name in a different font, which is exactly the case most people need stopped.

The ownership trap that catches most businesses

This is the part worth reading twice, because it is where money is lost.

The person who creates the work owns the copyright, not the person who paid for it. If you hired a freelance designer to make your logo, the designer owns the copyright in that artwork unless it was assigned to you in writing.

• Employees. Work made by an employee in the course of employment belongs to the employer. That is the one case where payment and ownership line up.
• Freelancers and agencies. They own it. An invoice is not an assignment. A brief is not an assignment.
• Assignment must be in writing and signed. Section 22 of the Act is explicit. A verbal agreement, an email saying “it is all yours”, or a paid invoice does not transfer copyright.
• A licence is not ownership. Permission to use the logo is not the same as owning it, and a licence can carry conditions you have forgotten about.

The practical consequence: many South African businesses do not own their own logo artwork. It surfaces at the worst moment, during due diligence on a sale or a funding round, when the buyer asks for the chain of title and there is nothing to show.

The exception: cinematograph films

One category of work can be registered in South Africa. Under the Registration of Copyright in Cinematograph Films Act 62 of 1977, copyright in a film may be registered with the Registrar of Copyright.

Registration does not create the copyright, which exists from the moment the film is made. What it creates is proof, and that is worth having:

• The Registrar issues a certificate that is prima facie evidence of the validity of the copyright and of who the author is. In a dispute that shifts the practical burden.
• Third parties can establish who owns the film by inspecting the register rather than taking your word for it.
• It makes licensing and assignment easier, which matters when a film is being distributed, financed or sold.

Registration calls for the name of the film, the owner, the producer or author (the party who made the arrangements for making the film), documentary proof of title where the owner is not the producer, the dates and places of making, and the date of first publication.

If you are producing or acquiring a film, do this at the point of production, while the paperwork still exists and everyone involved is still contactable. We handle these registrations and will quote on the current cost.

The © symbol

Using © is not required in South Africa. Copyright exists whether or not you mark the work. But the notice is still worth using, because it tells a copier that someone is paying attention and it records who claims the work and from when.

There is a second, more practical reason to use it. Marking a work puts a copier on notice, and damages for wilful infringement are harder to resist once the infringer cannot say they did not know. The conventional form is the symbol, the year of first publication and the owner: © 2026 Your Company (Pty) Ltd. Unlike ®, there is no offence in using © on something you do not own, but there is also no benefit.

Someone is copying your work. What now?

Copyright infringement is copying a substantial part of the work, and “substantial” is judged on quality rather than quantity. A short but distinctive extract can infringe where a long but generic one does not.

• Fix your ownership first. If a freelancer made the work and never assigned it, you may not be the person entitled to complain. Get the written assignment before you write to anyone.
• Record the evidence. Dated files, drafts, invoices, emails. Copyright cases turn on proving authorship and the date.
• A letter of demand is usually the first step, and it is often the last one needed.
• Consider whether a trade mark is the better weapon. If they are using your name, copyright will not help you and a registration will.

Frequent questions

Can you register copyright in South Africa?

For almost every kind of work, no – copyright arises automatically on creation under the Copyright Act 98 of 1978 and there is nothing to file. There is one exception: copyright in a cinematograph film can be registered with the Registrar of Copyright under the Registration of Copyright in Cinematograph Films Act 62 of 1977, which produces a certificate that is prima facie evidence of validity and authorship.

Who owns the copyright in a logo a designer made for me?

The designer, unless they assigned it to you in writing. Paying an invoice does not transfer copyright. Under section 22 an assignment must be in writing and signed. The exception is work made by an employee in the course of employment, which belongs to the employer.

How long does copyright last in South Africa?

For literary, musical and artistic works, the life of the author plus fifty years. Other categories such as films, sound recordings and broadcasts run for fifty years from a defined event rather than from the author’s death.

Do I need to use the © symbol?

No. Copyright exists whether or not the work is marked. The notice is still useful because it identifies who claims the work and from when, and it discourages casual copying. The usual form is © 2026 Your Company (Pty) Ltd.

What is the difference between copyright and a trade mark?

Copyright protects the expression, such as your logo artwork, photographs or written text, and arises automatically. A trade mark protects the brand itself, the name that tells buyers the goods are yours, and is obtained by registration or by use plus reputation. Copyright will not stop a competitor who uses your name in a different font.

Can I use copyright to stop someone using my business name?

Generally no. Names and short titles usually attract no copyright, and copyright protects artwork rather than the brand. Stopping a competitor from trading under a confusingly similar name is what trade mark registration is for.