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
Legal position regarding the sedation and transport of wild animals
by Neil Kirby, Head of Healthcare and Life Sciences, Helen Michael, Director and Slade van Rooyen, Candidate Attorney The escape, [...]
Severance pay is not always due when dismissed for operational requirements
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney Introduction Section 41(4) of the Basic Conditions [...]
An employer’s obligation to comply with their own policies
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Issue Whether an employer is obliged to [...]
Cybercrimes and Business Interruption
by Darren Willans, Director, Sarah Passmoor, Director and Chiara Ferri, Candidate Attorney Cybercrimes and Business Interruption Cybercrimes and Business Interruption [...]
Important legal changes that trustees must know
Important Legal Changes It has been widely publicised that, in an attempt to head off grey-listing, there have been legal [...]
Technology, Media and Telecommunications Africa Quarterly e-Bulletin
This Africa Quarterly e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-saharan Africa. [...]