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
Foreign employers, foreign employees and remote workers and South African labour laws – do they always apply?
and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose [...]
Previous renewal does not automatically constitute an expectation of re-renewal
and Tasreeq Ferreira, Candidate Attorney Issue Whether the non-renewal of an employee's fixed term contract ("FTC")constituted an unfair dismissal as [...]
Taking stock of collective misconduct
and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers [...]
Celebrating Heritage Month: The Xibelani Dance
In our recent article, we discussed the challenges of safeguarding traditional cultural expressions within conventional intellectual property regimes. We now [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against [...]
