Feldman NO v EMI Music Publishing SA (Pty) Limited, Feldman NO v EMI Music SA (Pty) Limited (06/23129, 06/23130) [2007] ZAGPHC 294; 2007 BIP 336 (W) (5 December 2007)

Feldman NO v EMI Music Publishing SA (Pty) Limited, Feldman NO v EMI Music SA (Pty) Limited (06/23129, 06/23130) [2007] ZAGPHC 294; 2007 BIP 336 (W) (5 December 2007)

The court held that a joint owner of copyright must join co-owners as co-plaintiffs in any action to enforce joint property rights, and cannot sue independently unless there is a waiver or cession of rights. The plaintiff failed to join other co-owners or allege cession, and thus lacked locus standi. The particulars of claim were found to be vague and embarrassing, as they did not specify the acts of infringement with sufficient detail, leaving the defendants unable to plead properly. Furthermore, the alternative claims advanced by the plaintiff were mutually destructive and inconsistent, causing prejudice to the defendants. The exceptions were upheld, and the particulars of claim were...

Citation
[2007] ZAGPHC 294
Parties
Plaintiff: David Feldman NO; Defendant: EMI Music Publishing SA (Pty) Limited; Defendant: EMI Music SA (Pty) Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
5 December 2007
Case Number
06/23129, 06/23130
Procedural Posture
Exception Application / Exception to Particulars of Claim Under Rule 23(1); Consolidated Hearing
Outcome
Exceptions upheld with costs; particulars of claim dismissed; plaintiff granted leave to amend within 21 days.
Judges
Jajbhay
Legal Topics
Copyright Infringement, Joint Ownership, Non Joinder, Locus Standi, Vague and Embarrassing Pleading
Intellectual Property Civil Procedure Copyright Infringement Joint Ownership Non Joinder Locus Standi Vague and Embarrassing Pleading

Case Brief

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Parties

David Feldman NO

Plaintiff

EMI Music Publishing SA (Pty) Limited

Defendant

EMI Music SA (Pty) Limited

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim Under Rule 23(1); Consolidated Hearing

Legal Issues

  1. 1 Whether a joint owner of copyright may sue alone without joining co-owners as plaintiffs.
  2. 2 Whether the particulars of claim disclose sufficient particularity regarding alleged copyright infringements.
  3. 3 Whether mutually destructive factual allegations in alternative claims render the pleadings vague and embarrassing.

Ratio Decidendi

The court held that a joint owner of copyright must join co-owners as co-plaintiffs in any action to enforce joint property rights, and cannot sue independently unless there is a waiver or cession of rights. The plaintiff failed to join other co-owners or allege cession, and thus lacked locus standi. The particulars of claim were found to be vague and embarrassing, as they did not specify the acts of infringement with sufficient detail, leaving the defendants unable to plead properly. Furthermore, the alternative claims advanced by the plaintiff were mutually destructive and inconsistent, causing prejudice to the defendants. The exceptions were upheld, and the particulars of claim were...

Court Disposition

Exceptions upheld with costs; particulars of claim dismissed; plaintiff granted leave to amend within 21 days.

Orders

  • The exceptions to the particulars of claim in both matters are upheld with costs.
  • The plaintiff is granted leave to amend the particulars of claim within 21 days from date hereof.