n Without Prejudice - Author's rights - celebration or electric shock : intellectual property

Volume 12, Issue 1
  • ISSN : 1681-178X



In the recent case between Rafael Vergara Hermosilla and The Cola-Cola Company, Coca-Cola was accused of infringing copyright in a translation of a song used in promotions for the 2010 FIFA WORLD CUP. The United States Court of Appeals for the Eleventh Circuit held that it had a perfect defence because the copyright had been assigned to it as the result of an ordinary exchange of e-mails. Will the position be the same in South Africa?

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