Commissioned 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 comments Follow Share on...
Read MoreMaXhosa v Zara
Prof Owen Dean recently discussed the likelihood of legal action by Laduma Ngxokolo against fashion house Zara for infringement of the MaXhosa by Laduma designs. The interview with Prof Dean was broadcast on 702 radio as part of the Night Talk programme hosted by Gugulethu Mhlungu. You can listen to the interview here. Featured image source: http://www.maxhosa.co.za/about Follow Share on...
Read MoreFull Stop Ahead: Public interest in blocking digital content
It makes for the perfect ideological storm when IP law and ICT law meet and the right to freedom of expression stands in the way. Capitalist and socialist, activist and pacifist, pragmatist and idealist: differing legal experts abound in the battle for, or against, IP rights in the digital environment. Two recent developments which illustrate this tension, might serve South Africans well, if observed with care. First, the recent ruling of the General Court of the European Union in Constantin Film Produktion GmbH v EUIPO[i] made it clear that aural vulgarity could be a bar to the registration...
Read MoreBEPS and Intangibles: How does it impact IP tax structures?
Intangible assets constitute a major value-driver for multi-national enterprises (MNEs). This is even more so for companies that rely on valuable intangibles rather than physical assets to generate financial returns. Intangibles such as patents, design, trademarks (or brands) and copyrights are generally easy to identify, value and transfer and as such attractive for multi-national tax planning structures especially as these rights usually does not have a fixed geographical basis and is highly mobile as a result can be relocated without significant costs. Many MNEs utilize IP structuring...
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