Legal updates and opinions
News / News
Do you own the copyright that you have paid for?
By Janine Hollesen and Donvay Wegierski, Directors
The rights of copyright are incredibly powerful once they come into being, the requirements for which are that the work must be original and in a material form. There is no registration process.
It sometimes happens that the copyright which you have paid to create, even at a huge expense, will not be yours to own. The rule of thumb is that the creator of a work is the owner of the work except –
- If created by an employee in the course and scope of employment;
- If created on commission in relation to specific works set out below for which the commissioning party pays –
- the taking of a photograph;
- the painting or drawing of a portrait;
- the making of a gravure;
- a film or sound recording.
With regards to a computer programme, the Copyright Act provides that the person exercising control over the making of the programme will be the owner, which will have to be determined by the facts of each case.
All other works belong to the person who creates the work which would mean that all other artistic works such as logos, drawings and diagrams which form part of packaging, for example, and literary works such as advertising copy will belong to the author of the work, despite the fact that you have paid for the work. The Copyright Act provides that the rights of copyright can only be assigned if in writing and signed by the owner of the work.
It is therefore crucial to ensure that all parties who are appointed to create any work on your behalf are appointed in writing in which the document includes a clause to the effect that all intellectual property created during such commission, including copyright, belongs to you. This document must be physically signed by the owner of the copyright and not by way of email or any other means of electronic communication.
Latest News
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd is [...]
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate When evaluating a merger, the Competition Act 89 [...]
What makes the “Best” mobile network? A South African perspective
by Ahmore Burger-Smidt, Director and Head of Regulatory Choosing the “best” mobile network depends on multiple factors. In practice, it [...]
South African Competition Commission’s Draft Guidelines on Minority Shareholder Protections: what businesses need to know
by Ahmore Burger-Smidt, Director and Head of Regulatory The Competition Commission has published Draft Guidelines on Minority Shareholder Protections for [...]
COMESA publishes important new Competition Regulations
by Paul Coetser, Director and Head of Competition and Raisah Mahomed, Associate The Common Market for Eastern and Southern Africa [...]
Supreme Court of Appeal clarifies boundaries between casino and bookmaker licences in the Gauteng province
by Wendy Rosenberg - Director, Tebogo Sibidla - Director and Nothando Madondo - Associate In recent years, the number of [...]

