Posts Tagged "Copyright"

News reports and fair dealing: Moneyweb v Media24

Posted on May 17, 2016

News reports and fair dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) (full text available here) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or...

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IP Public Lecture 2015 – Downloads Available

Posted on Nov 18, 2015

IP Public Lecture 2015 – Downloads Available

The annual Intellectual Property Law Public Lecture was presented by Prof Owen Dean on 6 October 2015 on the topic Copyright as an Agent of Social Justice – perspective on the Lion Sleeps Tonight case.  To read more about the lecture click here. If you missed the lecture, you can watch the video podcast of the lecture, with slides included, by downloading one of the files below. Please select the appropriate option by clicking on the download button below. A suitable media player may be downloaded here.   Option 1 IP Public Lecture 2015 File size: 514 MB Video quality:...

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Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

Posted on Aug 24, 2015

Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

In an earlier article posted on this blog, the Copyright Amendment Bill published in Government Gazette no. 39028, dated 27 July, 2915, was described as a curate’s egg, i.e something that is fundamentally bad but in principle has some good aspects. The view was expressed that the Bill could not be cured by piecemeal amendments, and that it was necessary to go back to the beginning, decide rationally what is actually wanted and warranted, and then re-draft it afresh. We stand by and reiterate this view. Nevertheless, in the interests of ultimately having a workable and reasonable piece of...

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A Diamond in the Rough – Technology and the Copyright Amendment Act

Posted on Aug 19, 2015

A Diamond in the Rough – Technology and the Copyright Amendment Act

The Copyright Amendment Draft Bill (GG No 39028, 27 July 2015) (‘the Bill’) is by all accounts a grave misfortune and a study in amateur law-making. Enough has been said on this point to make it clear that the DTI has tripped at the first hurdle and that a re-evaluation is the only hope of achieving a grade that would admit it to the Introduction to Copyright Law 101 examination. However, it is noteworthy that the Bill contains a set of provisions that is worthy of (limited) praise and deserving of closer analysis. These are, among others, the proposed amendments to the Copyright Act...

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Let’s Pray for Mediocrity: Another Case of Legislative Diarrhoea

Posted on Aug 3, 2015

Let’s Pray for Mediocrity: Another Case of Legislative Diarrhoea

On 27 July 2015 the Department of Trade and Industry (“the DTI”) published the Copyright Amendment Bill 2015 (the “Amendment Bill”) in the Government Gazette, asking for public comment within 30 days from such date. Given the number of issues contained in the Amendment Bill that needs to be addressed, it will be almost impossible for one person to give comprehensive comments within the allotted time, unless that is their only task. It never ceases to amaze me how much time now has to be dedicated, by myself, and other academics and professionals, in trying to get legislation which is...

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