Posts Tagged "work"

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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GOLDEN OLDIES? – Gallo Music v Sting Music

Posted on May 18, 2012

GOLDEN OLDIES? – Gallo Music v Sting Music

Gallo Music and Sting Music have locked horns in the South Gauteng Division of the High Court over copyright in certain songs named Thula Baba, Unomathemba and Siliwelile.  Gallo claims that it owns the copyright in these songs and that Sting therefore required their authority to include them in the stage musical Umoja and that it is entitled to claim royalties arising out of the inclusion of these songs in the musical.  Sting, on the other hand, claims that the songs are traditional and therefore in the public domain with the result that they are free for use by everyone, including...

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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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