Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024) [2025] ZAGPPHC 209; 2025 (4) SA 523 (GP) (7 March 2025)

Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024) [2025] ZAGPPHC 209; 2025 (4) SA 523 (GP) (7 March 2025)

The Tribunal found that the applicants had established the requirements under section 33(3) of the Copyright Act: they require a licence, the copyright holder refused to grant it, and the circumstances make the refusal unreasonable. The Tribunal held that the refusal by the respondent was an abuse of monopoly rights...

Source-derived case information.

Citation
[2025] ZAGPPHC 209
Parties
Applicant: Allcopy Publishers (Pty) Ltd; Applicant: Jurgens Johannes Basson; Applicant: Jaco Odendaal; Respondent: Mark Phillips
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 March 2025
Case Number
00001/2024
Procedural Posture
Urgent Application / Application for Compulsory Licence Under Copyright Act
Outcome
Application granted with costs. Compulsory licence declared in favour of the applicants.
Judges
GN Moshoana
Legal Topics
Compulsory Licence, Copyright Act Section 33, Refusal to Grant Licence, Unreasonableness, Joint Authorship, Declaratory Order
Intellectual Property Compulsory Licence Copyright Act Section 33 Refusal to Grant Licence Unreasonableness Joint Authorship Declaratory Order

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Parties

Allcopy Publishers (Pty) Ltd

Applicant

Jurgens Johannes Basson

Applicant

Jaco Odendaal

Applicant

Mark Phillips

Respondent

Procedural Posture

Urgent Application / Application for Compulsory Licence Under Copyright Act

Legal Issues

  1. 1 Whether the applicants are entitled to a compulsory licence to continue printing, marketing and distributing the co-authored publications after the expiry of the addendum agreement.
  2. 2 Whether the refusal by the copyright holder to extend the licence was unreasonable in the circumstances.
  3. 3 Whether the Tribunal should grant a declaratory order for a compulsory licence under section 33(3) of the Copyright Act.

Ratio Decidendi

The Tribunal found that the applicants had established the requirements under section 33(3) of the Copyright Act: they require a licence, the copyright holder refused to grant it, and the circumstances make the refusal unreasonable. The Tribunal held that the refusal by the respondent was an abuse of monopoly rights and that the applicants' claim was well-founded. The ongoing demand from schools, the inability of schools to replace textbooks annually, and the history of collaboration and joint authorship all supported the applicants' entitlement to a compulsory licence. The Tribunal declared that the applicants are entitled to a compulsory licence on the same terms as the previous...

Court Disposition

Application granted with costs. Compulsory licence declared in favour of the applicants.

Orders

  • It is declared that the First, Second and Third Applicants are entitled to a compulsory licence to continue printing, marketing and distributing the co-authored Publications for Grades 8 and 9 Mind Action Series Mathematics Textbooks, including Teacher Guides, PowerPoint Presentations, and E-Publications (English...
  • It is declared that the refusal of the Respondent, Mr Mark Phillips, to extend the licence was unreasonable.