Legal updates and opinions
News / News
South African musician Daniel Baron vs David Guetta
A South African artist, Daniel Baron has accused David Guetta of copying his 2016 song, “Children of the Sun”. As far as can be seen from media reports a letter of demand has been sent to the various parties representing Guetta and it is unknown as to what the response has been or whether any response has been received by Baron.
In his letter of demand, Baron has also requested to be credited as a co-writer. You can listen to the two portions of the songs which was included in a Jacaranda FM interview with Baron at the following link.
In terms of South African copyright law, the melody of a song will be protected as a musical work which is defined as “a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music” which is the work which will be relevant in this matter.
In 2018 the US Appeals Court had ruled that Robin Thicke and Pharrell’s “Blurred Lines” had ripped off Marvin Gaye’s 1977 classic “Got to Give It Up” and ordered that the royalties be split between the parties. That case also concerned the rights in the musical work as opposed to the lyrics.
It will be interesting to see as to how the matter progresses and we will update our newsletter if there are any developments.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Use it or lose it!
By Janine Hollesen, Head of Intellectual Property Practice It is important that a trade mark is used as non-use could [...]
How long is too long? Suspension of an employee pending a disciplinary process
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is [...]
Mining charter 2018 – key elements in the implementation guidelines
By Chris Stevens, Head of Mining & Resources Practice, Kathleen Louw, Director and Bronwyn Parker, Senior Associate INTRODUCTION The Mining [...]
Court victory enables asylum seekers to claim unemployment benefits
By: The Werksmans Pro Bono Team For many years, asylum seekers attempting to claim benefits from the Unemployment Insurance Fund (UIF) [...]
Fixed term contracts – how are they justified?
The use of fixed term contracts of employment appeals to employers for a number of reasons, some of which are [...]
A dismissal arising out of a failure to work overtime for religious reasons may be found to be automatically unfair
By: Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the dismissal of [...]
