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
What Sedumedi v Sefako Makgatho Health Sciences University Teaches Employers About Contract Clarity
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney ISSUE Can an employer terminate a fixed-term employment contract prior [...]
Hail the new King – Comments on the new draft King V Governance Code for South African Boards of Directors
by Eric Levenstein, Director and Head of the Insolvency and Business Rescue and Kaymana Han, Candidate Attorney With the release [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli [...]
Illegal Miners: The Mine Health and Safety Obligations of Mining Right Holders for Mines No Longer “Being Worked”
by Kathleen Louw, Director, and Alexi Andropoulos, Candidate Attorney 1. The tragedy which occurred in Stilfontein earlier this year (“the [...]
Taxation of Rewards Points
by Doelie Lessing, Director and Head of Tax and Robyn Schonegevel, Associate It has become common for businesses to implement [...]
Competition Law: Transformation and public interest in abuse of dominance cases
with assistance from Kwanele Diniso, associate Recent developments in South African competition law have significantly elevated the role of transformative [...]