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 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...
Read MoreAuthors, you’ve got a friend?
INTRODUCTION The New Shorter Oxford English Dictionary gives the following as a meaning of the word “friend”: “A person who wishes another, a cause etc., well; a sympathizer, helper, patron…” Carole King, the famous songwriter/performer, gives a good description of the characteristics of a friend in her iconic song, You’ve Got a Friend. The drafters of the Copyright Amendment Bill (“CAB”), which is currently before Parliament, purport to be the friend of creative persons, referred to as “authors” in respect of all kinds of creative works, including books, songs, paintings...
Read MoreIP Rights perspective: Ubuntu Baba v Woolworths
Prof Owen Dean discussed the recent controversy about the Ubuntu Baba baby carrier and a similar Woolworths product with Azania Mosaka on 702 Radio to explain how IP rights may find application in similar circumstances. You can read extracts of the interview, or listen to the full interview below, or visit the 702...
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...
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