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
When can a trade union operate outside the ambit of its constitution?
This question was answered by the Labour Appeal Court recently in National Union of Metalworkers of SA & others v [...]
Combatting climate change, one block at a time…
Blockchain, the decentralised database that stores information electronically on a computer network, is synonymous with using large quantities of electricity [...]
Characterisation: Much ado about nothing
"Characterisation is the biggest problem of our time" according to the Competition Commission's (Commission) Cartels Division Manager's statement at the [...]
SARS v Wiese provides clarity on the collection of tax debt from third parties
By Kyle Fyfe, Director Tax Administration Act In a recent judgment of the High Court in a claim for declaratory [...]
Code of conduct of the Banking Association of South Africa: Finally approved
We have, on multiple occasions, published articles on the Banking Association of South Africa's (BASA) code of conduct. On 11 [...]
The right of access to information vs. The right to privacy
The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 [...]