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
A Snapshot of COP28: the good, the bad and the promising
It has been almost two months since the United Nations ("UN") Climate Change Conference of the Parties to the UN [...]
SARS Binding Private Ruling 399: Replacing an asset shortly after its acquisition under an asset-for-share transaction
and Luke Magerman, Candidate Attorney A recent ruling published by SARS deals with the anti-avoidance implications of the disposal of [...]
Privacy: human right or fallacy in the digital world?
"The real question is, when will we draft an artificial intelligence bill of rights? What will that consist of? And [...]
Communities in the centre of the mining revolution: Land issues dog inclusive mining
Marking its 30th anniversary of the Investing in Mining Indaba in Cape Town, which incidentally coincides with South Africa's 30 [...]
Werksmans Technology Media and Telecommunications Africa Quarterly e‑Bulletin
This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue [...]
No time for dark humour in the workplace – Load shedding is no joke!!
and Tasreeq Ferreira - Candidate Attorney Issue Whether an employee's dismissal for posting a WhatsApp message, purporting to be from [...]