In South Africa, copyright law generally requires that for the use of copyrighted material, including music clips, you either obtain permission from the original creator or ensure that your use falls under a permissible exception, such as "fair dealing." The options you’ve provided can vary in legality depending on specific circumstances, but here’s an analysis based on the principles mentioned:
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Contacting the original creator for permission: This is typically a good practice and often required for any substantial use of copyrighted material, including music clips, particularly if the use does not fall under fair dealing exceptions.
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Prohibiting use without permission: While it is against copyright law to use material without permission, the legality can also depend on factors such as the context of use, duration of the clip, and the amount of material used.
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Allowing reproduction based on ‘fair use’: South Africa does not have a specific 'fair use' doctrine; instead, it has 'fair dealing.' This could allow limited use of music, such as for educational purposes, provided it fits certain criteria.
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Requiring compensation: While compensation may sometimes be necessary if permission is granted, simply using a clip without permission does not automatically mean one must pay compensation.
Conclusion: The safest option is that copyright law will require you to contact the original creator of the music and ask for permission to use the clip as part of your research presentation. Remember to also check if your use can fall under fair dealing provisions but still ensure compliance with the law.
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