Copyright

Africa Copyright and Collective Management Day is celebrated yearly on 14 September to raise awareness of Copyright and Collective Management Rights in Africa. The day was established by the African Regional Intellectual Property Organization (ARIPO) Member States Collective Management Organizations, in collaboration with its partners, such as the International Confederation of Societies of Authors and […]

Ed Sheeran’s victories continue to multiply, after a New York jury recently ruled that his song, Thinking Out Loud, does not infringe the copyright of well-known American song, Let’s Get It On, written by Marvin Gaye and Ed Townsend. This 100-million-dollar claim was first brought by Townsend’s heirs in 2017 against Sheeran, his records label, […]

As technology continues to advance, the digital landscape is constantly evolving, presenting new opportunities and challenges for Intellectual Property (IP) law. There have been notable developments involving the interplay between Intellectual Property, Non-Fungible Tokens (“NFTs”), and the Metaverse, since the publication of our previous article on the topic. Firstly, the Hermès v Rothschild case, which […]

“you just can’t differentiate between a robot and the very best of humans.” ― Isaac Asimov, I, Robot If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own […]

Authors of copyright protectable works retain certain rights despite not being the owners of such copyright By Daniëlle van Deventer The issue of relinquishing copyright ownership in an original piece of writing, an artwork or a musical composition is a complex and delicate issue. Fortunately, South African law provides some guidelines as to what is […]

On 29 June 2022, the Assembly of the Republic approved the new Copyright Law of Mozambique, Law 9/2022. The new law came into force on 26 September 2022. The new Copyright Act is aimed at promoting and safeguarding the protection of literary, artistic and scientific works.  The scope of  works eligible for protection has been expanded […]

The Constitutional Court declares provisions of the Copyright Act unconstitutional The Constitutional Court of South Africa has declared the Copyright Act unconstitutional to the extent that it limits or prevents persons with visual and print disabilities from accessing works protected by copyright, in ways that persons without such disabilities would be able to access. In […]

“There are only so many notes and very few chords used in pop music – coincidence is bound to happen if 60 000 songs are being released every day…that’s 22 million songs a year and there are only 12 notes that are available”. Ed Sheeran’s words certainly ring true, in light of the momentous victory […]

Copyright infringement hearings have certainly taken on a new meaning, after well-known musician, Ed Sheeran, recently performed bars of his hit, Shape of You, before the High Court in London in an effort to prove that portions of the chart-topper were not copied from an existing musical work. Mr. Sheeran is currently embroiled in a […]

Why use of unlicensed online images may constitute copyright infringement. All original images and photographs attract

Hot on the heels of the Jerusalema Dance Challenge that took the world by storm last year, a new challenge is developing for some organizations that uploaded videos online showcasing their brands and workforces dancing to South African DJ Master KG’s global megahit, ‘Jerusalema’, without permission from the rights holders to do so. Recent media […]

Sources:  Copyright Amendment Bill an issue for trade between SA and US (businesslive.co.za) Copyright Amendment Bill: US Trade Representative to review SA’s Preferential Trade status – Tech4Law The much-awaited analysis of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill has been seemingly frozen since December 2020, and there has not yet been any […]

As legally-binding protection over original works, copyright can be enforced by intellectual property (IP) attorneys, who can also assist those looking to become copyright owners. An IP attorney will be able to guide clients through application and action proceedings, as well as interdicts and royalty claims. Copyright Types The following ‘work’ can qualify for protection […]

Copyright protection and the laws surrounding copyright infringement are governed by the Copyright Act of 1978. Copyright is the legal protection of certain classes of original work. The owner of the copyright is given the exclusive right to utilise their original work as they choose, with sole authority to permit others to use it. Copyright […]

As first published in SAIIPL’s IP Briefs (Vol 2, Issue 7) August 2020. On the 22nd June, with the announcement of President Ramaphosa’s decision to refer the Copyright Amendment Bill (the “Bill”) and the Performers’ Protection Amendment Bill back to Parliament, a highly controversial legislative package that was railroaded through Parliament came to a screeching […]

Well-known musician Neil Young is suing the presidential campaign of Donald Trump, calling on the campaign to stop all use of his music at Trump rallies. These songs include “Devil’s Sidewalk” and “Rockin in the Free World”. Mr. Young is apparently of the view that Trump’s campaign has no “free world” spirit at all, but […]

The Copyright Amendment Bill (“the CAB / the Bill”) has caused much debate and controversy in the protection of Intellectual Property rights in South Africa. One of the main points of contention is the fair use policies the CAB seeks to implement, which are similar to the fair use policies incorporated in United States (“US”) […]

With day (who can remember) of lockdown arriving, your phone chirps excitedly, reporting “your homework” which has arrived for next week, ready to be downloaded and printed in advance.  Yes, best to be prepared! The writer is sure that every parent out there will now be able to update their LinkedIn profile and more specifically […]

JK Rowling recently announced a relaxation of the copyright licence terms usually associated with the series of Harry Potter books, thereby allowing teachers around the world to record and post videos of themselves reading the books.  The intention is for children who are unable to go to school to continue to enjoy the magic and educational benefits of the famous wizard’s adventures, from the confines of their homes.

The Supreme Court of Appeal recently delivered an interesting decision dealing with copyright infringement in cinematographic films. What makes the decision particularly noteworthy is the detail the court went into in analysing what constitutes a cinematographic film and determining the elements that make up a cinematographic film.

The dispute that first piqued my interest in intellectual property law was between The Rolling Stones and The Verve over the song Bittersweet Symphony in the late 1990s. Richard Ashcroft from The Verve, sampled a few seconds from a song by The Rolling Stones to make up the distinctive string melody that plays throughout the track […]

English rugby club Saracens’ relegation from Premiership Rugby for breaches of the salary cap is the big news in the world of sports law this year. Premiership Rugby’s £7m salary cap was breached by Saracens for three consecutive seasons and was fined £5.3m and docked 35 log points. Saracens will now play their rugby in […]

A popular South African musician, Daniel Baron, has accused the international dance music superstar David Guetta of plagiarising the melody from one of his singles. In September 2018, Guetta released Light Headed, featuring Australian singer Sia. Baron claims that the melody is nearly identical to his own 2016 hit single, Children of the Sun. Renowned […]

Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. A tattoo is an artistic work. If it is original and reduced to a material […]

It was reported some time ago that a photographer named Shaun Earl Harris is suing the South African government for an astonishing amount of R2.1 billion for copyright infringement relating to the government’s alleged unauthorised use of a photograph featuring Nelson Mandela that Mr. Harris had taken. Mr. Harris made an impactful statement that got […]