Posts Tagged "protection"

Form Over Function – ECJ Rules On Software Copyright

Posted on Aug 3, 2012

Form Over Function – ECJ Rules On Software Copyright

Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a bone of contention. Since the Statute of Anne (1710), the common antecedent of modern copyright law, this creature of statute exists exclusively for the protection of the material expression of ideas, and not the underlying ideas, facts or discoveries contained in the work. For this reason, copyright protection vests at the moment a work is recorded in physical form, and only to...

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Popularisation of Intellectual Property

Posted on Apr 30, 2012

Popularisation of Intellectual Property

INTRODUCTION Intellectual property is commonly regarded as an esoteric branch of the law.  It is characterised by being complex and until recently it has been a little understood and somewhat discrete area of the law.  Its complexity stems from the fact that it has as its subject matter intangible items such as marks, ideas, concepts, goodwill, cultural expressions and the like.  This must be contrasted with tangible goods like vehicles, ships, equipment, household goods, and immovable items such as portions of land, all of which have a physical existence.  The application of the law to...

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Copyright: The Photographers Plight

Posted on Oct 15, 2011

Copyright: The Photographers Plight

The Vine Oracle recently chatted to a professional photographer and had occasion to reflect on the treatment meted out to this group by our Copyright law. Apparently freelance photography in South Africa is not the lucrative business it appears to be– quite the contrary. Copyright is supposed to allow creators of original works to make money by commercialising their works. Copyright is failing freelance photographers on this count. Why you ask? Remember that copyright comes into being automatically (provided of course the other requirements for subsistence of copyright are present) –...

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EU Extension of Copyright Protection for Sound Recordings: a Blessing or Blunder?

Posted on Sep 15, 2011

EU Extension of Copyright Protection for Sound Recordings: a Blessing or Blunder?

This week the EU extended copyright protection for performers and record producers from 50 to 70 years. The EU Council’s justification for the extension – performers often start their careers young, and the current 50-year term means that many are not protected for their entire lifetimes and may be cut off from sources of income at the stage they need it the most. Not everybody is jumping for joy. Intellectual Property Watch reports that eight EU member states (notably Belgium, Czech Republic, Luxembourg, Netherlands, Romania, Slovakia, Slovenia and Sweden) voted against the extension. The Open Rights Group (ORG) do not mince words and label the extension “a cultural disaster”.

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