Posts Tagged "Copyright"

Representations Regarding Possible Amendments to Section 25 of The Constitution

Posted on Feb 3, 2020

Representations Regarding Possible Amendments to Section 25 of The Constitution

Introduction The South African Constitutional Court has ruled that the term “property” in the Section 25 of the Constitution covers not only land but also all forms of property including intellectual property (i.e. patents, designs, copyright trade marks and the like). In the event that, as proposed, this section is amended to allow property to be expropriated without compensation, it will mean that this principle will apply also to intellectual property. All and any patents, copyrights and trade marks etc., whether owned by South African or foreign nationals, will be subject to this...

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Copyleft Amendments to Copyright

Posted on Nov 26, 2018

Copyleft Amendments to Copyright

So called “state capture” is a concept which currently dominates current public discourse. It represents the usurpation and domination of the powers of the state by the Zuma/Gupta alliance. State capture, albeit in a different form, has occurred in the Department of Trade and Industry (DTI) in regard to its custodianship of intellectual property. Beginning in the late nineteen nineties, with the advent to power in Trade and Industry of Minster Alex Erwin, a “third force” has assumed control of this important area of the law with untoward consequences to its well-being. The third force...

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Is Plagiarism Unlawful?

Posted on Oct 16, 2018

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....

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Commissioned works – with special reference to literary works

Posted on Sep 11, 2018

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,...

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The Plagiarist on Trial – a legal perspective on plagiarism

Posted on Aug 2, 2018

The 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...

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