n Without Prejudice - Warning for co-authors : company law
|Article Title||Warning for co-authors : company law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Kelly Thompson and Nicole Smit|
|Publication Date||Sep 2009|
|Pages||20 - 21|
On June 1 2009, the Supreme Court of Appeal in David Feldman NO v EMI Music SA (Pty) Ltd/EMI Music Publishing SA (Pty) Ltd passed judgement which will have "do-or-die" implications for those co-authors of copyright works seeking to sue, individually, for the full amount of damages flowing from copyright infringement. The Supreme Court ruled that failure of a plaintiff to join the co-authors of a work, or to make out a case as to why it is entitled to sue without doing so, will mean the plaintiff will not be able to claim all the damages flowing from copyright infringement.
Article metrics loading...