State-owned copyright
If a work is created under the direction or control of the state, copyright will subsist in the work and it will be owned by the state and not the author.
Read sections 5 and 21(2) of the Copyright Act.
‘State’ means government departments and state-owned enterprises.
The exception relates to works created ‘under the direction or control’ of the state. Say, for example, that you are an app developer with your own business. The Registrar of Trade Marks engages you to develop an app for the registration of trade marks, conducting searches, etc. The Registrar gives directions as to what is required and you have frequent and regular meetings with him and his staff to appraise and revise the development. Chances are, the app would have been created “under the direction or control” of the State.
Let’s now look at the infringement of copyrights. This is what the protection is all about.