Rationale of copyright exceptions*
NATURE OF COPYRIGHT Copyright is a body of law that provides creators of written and other works with the power to exercise control over the commercial exploitation of their works. The rationale is to place authors in a position to derive material benefits from the fruits of their labours in creating original works, thus providing them with a means of deriving income and incentivizing them to create more and better works for the benefit of all. In practice, this is commonly achieved by enabling authors to charge royalties or fees for the commercial exploitation of their works. The term...
Read MoreWritten submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill
Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour to submit written comments on the two Bills. The full texts of the Chair’s comments are available for download here. Download comments on the CAB Download...
Read MoreWritten submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill – Western Cape
Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Western Cape Provincial Parliament’s Standing Committee on Finance, Economic Opportunities and Tourism (“Standing Committee”) to submit written comments on the two Bills. The full texts of the Chair’s comments are available for download here. Download comments on the...
Read MoreOwen Dean’s Amicus Curiae Founding Affidavit in the Blind SA matter
Here is the downloadable version of Prof Owen Dean‘s amicus curiae founding affidavit in the matter of Blind SA v Minister of Trade, Industry and Competition [2022] ZACC 33. Download here Follow Share on Tumblr
Read MoreWritten comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge
The Chair has made written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge, pursuant to the invitation extended by the Minister of Science and Innovation on the publication of the “Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge Systems” (the “Draft IKS Regulations”) in General Notice 2647 of 2022 (GG 47292, 14 October 2022) (“GN 2647”) and General Notice 2722 of 2022 (GG 47453, 4 November 2022) (“GN 2722”). The full text of the...
Read MoreConfessions of a Struggling Author
I am a struggling author. Don’t get me wrong, I don’t struggle to put the proverbial pen to paper. On the contrary, the words flow easily and in abundance. I fondly believe that I have a way with words – I receive complimentary comments. I have lots of stories to tell. I want to tell them. Why then, you ask, am I struggling? I will tell you. I am an experienced attorney specializing in Intellectual Property Law, especially Copyright. I have written a text book on the subject and have published literally hundreds of learned articles in legal journals. I hold a doctors degree in law (for...
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