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
Celebrating International Data Privacy Day: “12 years of POPIA – what next?”
by Tebogo Sibidla, Director On 28 January 2026, the global community celebrated International Data Privacy Day. This year, its commemoration [...]
Advertising Regulatory Board ups the ante on responsible gambling advertising
by Wendy Rosenberg Director and Head of Digital Media & Electronic Communications and Nothando Madondo, Associate While gambling advertising is [...]
Excessive delay in disciplinary proceedings could render the dismissal unfair
Lethoba and Rand Water (2025) 46 ILJ 2771 (CCMA) by Andre van Heerden - Director and Mikayla Ehrenreich - Candidate Attorney [...]
What’s in a name – Trade marks and Brooklyn Beckham
by Donvay Wegierski, Director What's in a name - Trade marks and Brooklyn Beckham Brooklyn Beckham, son to British born [...]
Not Every Employee Is a Whistleblower (And Not Every Disciplinary Hearing Is Up for Debate)
by Bradley Workman-Davies - Director The Labour Court’s judgment in Modika v Industrial Development Corporation of South Africa and another [...]
Deadlines Are Not Suggestions (And Finality Still Matters)
by Bradley Workman-Davies - Director The Labour Appeal Court’s decision in NUMSA obo Members v Macsteel Service Centres South Africa [...]

