Is Plagiarism Unlawful?
INTRODUCTION “Plagiarism” is a much misunderstood and misused term in common parlance. In layman’s terms it is generally used to convey the notion of copying or reproducing the work of another in a clandestine manner. Although it is not specifically mentioned or perhaps even considered as an element, by implication it entails such misuse being without permission. It is often used as a synonym for, or in lieu of, “copyright infringement” and it is generally thought to amount to the same thing. Supposedly, being copyright infringement by another name, it would naturally be unlawful....
Read MoreCommissioned works – with special reference to literary works
There is a common misconception concerning copyright works, namely, that the person who has commissioned the creation of a copyright work also owns the copyright in such a work. This article will illustrate that, in the absence of an express contractual arrangement, it is only in a limited number of situations that the commissioner of a copyright work will also be the copyright owner of such a work. Copyright protection is provided for by the Copyright Act 98 of 1978 (“the Act”). The Act determines what types of works are protected, and, in the absence of any contractual arrangement,...
Read MoreThe Plagiarist on Trial – a legal perspective on plagiarism
In an attempt to circumscribe the range of “nefarious conduct”[1] that may amount to plagiarism, many resort to a discourse on ethical standards,[2] literary technique,[3] institutional values, citation methodology, copyright infringement[4] or theft.[5] Although these discussions, at least in part, approach a grasp on what plagiarism means, none are acceptable from a legal perspective. Moreover, while reliance is placed on moral considerations instead of the law, the intolerable risk remains that cases of plagiarism will be adulterated by the myriad of personal details, factual...
Read MoreFull comments: Copyright Amendment Bill 2018
Following its comprehensive review and comments submitted on the 2015 and 2017 versions of the Copyright Amendment Bill, the Chair of IP law has again submitted comments on the 2018 version. The full text of the Chair’s comments, authored by Proff Sadulla Karjiker and Owen Dean, is available for download here. Download...
Read MoreIP Public Lecture 2018 – Patent Enforcement Lessons for SA Policy Development
THIS EVENT IS NOW CLOSED Watch the video of the lecture below. The annual Intellectual Property Law Public Lecture, presented by the Chair of IP Law and the Faculty of Law, will take place on 16 August 2018. Prof. Dr. Christoph Ann will deliver the lecture on the topic Patent Enforcement – lessons for SA policy development. He will discuss the link between a meaningful patent system and the ability to effectively enforce patent rights. In light of the proposed changes to the South African patent system, his topic is particularly relevant and will include lessons learned by the EU patent...
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