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Employer v Employee: who owns that copyright?

Tuesday, February 17th, 2009

Your employee develops software for (i) his own use to improve his work performance; or (ii) use by the employer. Who owns the copyright in the software? At a first glance, the answer seems obvious: The Copyright Act 98 of 1978 indeed makes provision for this in section 21 (1) (d) ...

Copying from online databases without consent

Tuesday, October 21st, 2008

If a website provider includes databases on its site, can it stop other people from using or reproducing data from those databases? Yes. A database is protected as a literary work under the Copyright Act 98 of 1978 whilst computer programs ...

Looking for a brand name

Wednesday, October 15th, 2008

If you are looking for a new brand name for a product, service or business it makes sense to do some checks as part of the process.  There is no point coming up with a fantastic name if others are also using it and you are not going to be ...

Can a website provider use third-party content on its website without permission from the third-party content provider?

Saturday, September 27th, 2008

No. This would amount to a contravention of the Copyright Act 98 of 1978 if the content as the copyrighted work was first published in South Africa or made by a "qualified person" (a South African or company registered and incorporated under the laws of South Africa).  The responsible Minister ...

Ripping CDs can be unlawful

Tuesday, September 16th, 2008

Many of us convert audio CDs we have bought from their native CD-DA format to MP3 or some other compressed audio format . The act of converting CDs is commonly known as "ripping" - when the term was coined, it had a perverse meaning. Many loved the idea ...