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
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements: Part 2
Johannesburg Stock Exchange Listing On 5 March 2021, the Issuer Regulation Division of the JSE issued a Market Notice on [...]
Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021
Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into [...]
Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives
Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in [...]
The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council
The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the [...]
Basics of Business Rescue
What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially [...]
The cost of speaking ill of the Competition Commission
Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to [...]

