Legal Articles and Guides
Penguin Books said yesterday it was planning to take legal action against those circulating a PDF version of the book Gangster State: Unraveling Ace Magashule's Web of Capture, penned by journalist Pieter-Louis Myburgh.
The Coalition for Effective Copyright has petitioned President Cyril Ramaphosa not to sign the Copyright Amendment Bill into law. At a media briefing at Constitutional Hill yesterday, the coalition's spokesperson Collen Dlamini said if the Bill was signed into law it would amount to expropriation of local content without compensation, says a TimesLIVE report.
Milestone Beverage has been found to have falsely portrayed its ‘whisky-flavoured’ spirit aperitifs as being associated with Scotch whisky. A Pretoria News report notes the Scotch Whisky Association and leading manufacturer of the drink Chicas Brothers complained to the Gauteng High Court (Pretoria) that Milestone and its members misrepresented its Royal Douglas and King Arthur products.
The Copyright Amendment Bill, which is aimed at ensuring fair compensation for publishers, artists and film producers and is expected to be voted on by the NCOP on Thursday before going to President Cyril Ramaphosa for final approval, is still generating heat in the media, notes Legalbrief.
Chicken Licken claims that the name of a vegan restaurant in Durban North, Oh my Soul Café, and its use of the word ‘licken’ in its menu are confusing to customers, and so it is taking the restaurant to court over alleged trademark infringements. Chicken Licken says it needs urgent adjudication, and the dispute is due to be aired before KZN High Court (Durban) Judge Dhaya Pillay this week.
What is believed to be the largest copyright infringement claim involving a South African artwork – R2.1bn for a photograph of former President Nelson Mandela – is again before the Gauteng High Court (Pretoria) and heading for a costly showdown with the state, says a City Press report.
Photographer Shaun Earl Harris is demanding R20m in compensation from the government for the unauthorised use of the decade-old photograph he took of President Nelson Mandela. According to a report on The Citizen site, Harris, who said he was taking the legal route to deal with ‘copyright infringement’, explained that in 2006 the Government Communication and Information System (GCIS) purchased a licence to use the copyright protected photograph of Mandela in a book.
Media24 Books appeal to the SCA after the Western Cape High Court threw out its copyright action against Oxford University Press‚ which it claimed had copied its English-Afrikaans children’s dictionary, was dismissed with costs by Judge Malcolm Wallis‚ sitting with four other judges. A TimesLIVE report says the case – thought to be only the second dictionary copyright row to have come to court anywhere in the world – had its roots in 2011‚ when Media24 started work on a new Aanleerderswoordeboek.
The high profile Moneyweb (Pty) Limited v Media 24 Limited High Court judgment is significant for all online publishers. In a nutshell, Fin 24 was ordered to pay damages to Moneyweb for copyright infringement in respect of one article, but the Court found against Moneyweb in regard to six other articles and ordered it to pay 70% of Fin 24’s legal costs.