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
Why failing to revise land policy will fail aspiration of millions
The need for land expropriation must be characterised and understood as being foremost about social justice and a constitutional imperative. [...]
Bye bye FSB, hello FSCA
As of 1 April 2018, there is a new sheriff for the South African financial services sector. The Financial Services [...]
Further tightening of Broad Based Black Economic Empowerment rules proposed by Minister of Trade and Industry
On 29 March 2018, the Minister of Trade and Industry published draft amendments to the Broad Based Black Economic Empowerment [...]
Nando’s vs Fernando’s
Nando's Chicken Limited is the proprietor of at least thirty nine UK trade marks and recently served a letter of [...]
Cryptocurrencies and tax
The advent of cryptocurrencies, and in particular the substantial gains that are associated with investments in cryptocurrencies, caught the attention [...]
Adidas and the stripes
By: Donvay Wegierski, Director In 2015, Adidas successfully opposed the registration of two EU marks comprising two stripes belonging to Shoe [...]
