n Annual Survey of South African Law - Intellectual property law

Volume 2010, Issue 1
  • ISSN : 0376-4605



In 2010 (6) SA 329 (SCA), the appellants (the plaintiffs in the court below) alleged that they were, by assignment or as original authors, the owners of the copyright in the musical and literary works that comprise the musical . They further alleged that the defendants had infringed their copyright by performing the whole, or a part of, , by making recordings and cinematograph films of it, and by having it broadcast. The acts of infringement were alleged to have been committed in nineteen other countries, from Japan in the east to the United States of America in the west. Harms DP stressed that, in relation to these infringements, the appellants did not rely only on the South African Copyright Act 98 of 1978. Instead, they framed their claims with reference to each of these countries (para [4]; see the example given by the judge with reference to the United Kingdom (ibid)).

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