Haupt t/a Softcopy v Brewers Marketing Intelligence (Pty) Ltd. and Others (118/05) [2006] ZASCA 40; 2006 (4) SA 458 (SCA); 2006 BIP 317 (SCA) (29 March 2006)

Haupt t/a Softcopy v Brewers Marketing Intelligence (Pty) Ltd. and Others (118/05) [2006] ZASCA 40; 2006 (4) SA 458 (SCA); 2006 BIP 317 (SCA) (29 March 2006)

The Supreme Court of Appeal held that the Data Explorer program, including its search instructions, graph instructions, converter program, and tree preparer program, constituted computer programs eligible for copyright protection under the Copyright Act. Improvements and refinements to the original Project AMPS program were also eligible for copyright if they were original and involved substantial alteration. The database structures were literary works, not computer programs, and Haupt did not own copyright in them, but he did own copyright in the questions compilations he created. The court found that Haupt exercised control over the making of the Data Explorer program and its...

Citation
[2006] ZASCA 40
Parties
Appellant: Anton Charl Haupt t/a Softcopy; Respondent: Brewers Marketing Intelligence (Pty) Ltd; Respondent: Christopher John Brewer; Respondent: Byron Coetzee
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 2006
Case Number
118/05
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal upheld with costs, including costs of two counsel. High Court order set aside and replaced with an interdict against respondents infringing Haupt's copyright in the Data Explorer program, delivery up of infringing copies, and respondents to pay 50% of costs.
Judges
Harms, Streicher, Mthiyane, Cloete, Lewis
Legal Topics
Copyright in Computer Programs, Originality Requirement, Database Protection, Infringement of Copyright, Authorship and Control
Intellectual Property Commercial and Corporate Copyright in Computer Programs Originality Requirement Database Protection Infringement of Copyright Authorship and Control

Case Brief

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Parties

Anton Charl Haupt t/a Softcopy

Appellant

Brewers Marketing Intelligence (Pty) Ltd

Respondent

Christopher John Brewer

Respondent

Byron Coetzee

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Data Explorer program and related database structures are eligible for copyright protection under the Copyright Act.
  2. 2 Who is the author and owner of copyright in the Data Explorer program and its components post 31 July 1998.
  3. 3 Whether the respondents infringed Haupt's copyright in the Data Explorer program and related works.

Ratio Decidendi

The Supreme Court of Appeal held that the Data Explorer program, including its search instructions, graph instructions, converter program, and tree preparer program, constituted computer programs eligible for copyright protection under the Copyright Act. Improvements and refinements to the original Project AMPS program were also eligible for copyright if they were original and involved substantial alteration. The database structures were literary works, not computer programs, and Haupt did not own copyright in them, but he did own copyright in the questions compilations he created. The court found that Haupt exercised control over the making of the Data Explorer program and its...

Court Disposition

Appeal upheld with costs, including costs of two counsel. High Court order set aside and replaced with an interdict against respondents infringing Haupt's copyright in the Data Explorer program, delivery up of infringing copies, and respondents to pay 50% of costs.

Orders

  • The respondents are interdicted from infringing the applicant's copyright in its computer program known as 'Data Explorer'.
  • The respondents are ordered to deliver up within 7 days all infringing copies of the work to the applicant.