Galago Publishers (Pty) Ltd. and Another v Erasmus (130/88) [1988] ZASCA 131; [1989] 1 All SA 431 (A) (30 September 1988)

Galago Publishers (Pty) Ltd. and Another v Erasmus (130/88) [1988] ZASCA 131; [1989] 1 All SA 431 (A) (30 September 1988)

The court found that 'Pictorial Account' constituted an abridged version of 'Top Secret War', with extensive language copying and replication of the selection, sequence, and detail of the original work. The differences between the works were largely cosmetic, and the essential narrative, characters, and invented elements were reproduced. The fact that the second appellant was a co-author did not exempt him from infringement, as copyright had been assigned to the respondent. The copying was not limited to unprotected facts or ideas but extended to the protected selection and expression of those facts. The court held that the reproduction of a substantial part of the original work, both in...

Citation
[1988] ZASCA 131
Parties
Appellant: Galago Publishers (Pty) Ltd.; Appellant: Peter Stiff; Respondent: Gideon Henry Erasmus
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 September 1988
Case Number
130/88
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Transvaal Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Corbett, Smalberger, Milne, Kumleben, Nicholas
Legal Topics
Copyright Infringement, Literary Works, Substantial Part Reproduction, Assignment of Copyright, Language Copying
Intellectual Property Copyright Infringement Literary Works Substantial Part Reproduction Assignment of Copyright Language Copying

Case Brief

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Parties

Galago Publishers (Pty) Ltd.

Appellant

Peter Stiff

Appellant

Gideon Henry Erasmus

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Transvaal Provincial Division

Legal Issues

  1. 1 Whether 'Selous Scouts - A Pictorial Account' constitutes a reproduction of 'Selous Scouts Top Secret War' or a substantial part thereof, infringing copyright.
  2. 2 Whether the copying of facts, selection, compilation, and language from the original work amounts to infringement under the Copyright Act.
  3. 3 Whether the fact that the alleged infringer was a co-author of the original work affects the finding of infringement.

Ratio Decidendi

The court found that 'Pictorial Account' constituted an abridged version of 'Top Secret War', with extensive language copying and replication of the selection, sequence, and detail of the original work. The differences between the works were largely cosmetic, and the essential narrative, characters, and invented elements were reproduced. The fact that the second appellant was a co-author did not exempt him from infringement, as copyright had been assigned to the respondent. The copying was not limited to unprotected facts or ideas but extended to the protected selection and expression of those facts. The court held that the reproduction of a substantial part of the original work, both in...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.