King v South African Weather Services (716/07) [2008] ZASCA 143; 2008 BIP 330 (SCA) ; 2009 (3) SA 13 (SCA) ; [2009] 2 All SA 31 (SCA) (27 November 2008)

King v South African Weather Services (716/07) [2008] ZASCA 143; 2008 BIP 330 (SCA) ; 2009 (3) SA 13 (SCA) ; [2009] 2 All SA 31 (SCA) (27 November 2008)

The court found that the computer programs in question were authored by the appellant in the course of his employment with the Bureau. The evidence showed that the programs were directly related to the Bureau's business, integrated into its automated weather system, and created to facilitate the appellant's duties as a meteorological technical officer. Job evaluations and quarterly reports confirmed that programming became a major component of his work, and some programs were written specifically for other Bureau stations at their request. The court held that, but for his employment, the appellant would not have created the programs, establishing a close causal connection between...

Citation
[2008] ZASCA 143
Parties
Appellant: Pieter Johannes King; Respondent: South African Weather Service
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 2008
Case Number
716/07
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Harms, Cloete, Cachalia, Leach, Griesel
Legal Topics
Copyright Ownership, Computer Programs, Employment Contracts, Work Made in Course of Employment
Intellectual Property Civil Procedure Copyright Ownership Computer Programs Employment Contracts Work Made in Course of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Pieter Johannes King

Appellant

South African Weather Service

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Whether the appellant was the owner of copyright in computer programs developed during his employment.
  2. 2 Whether the computer programs were authored in the course of employment under a contract of service.
  3. 3 Whether the respondent infringed any copyright after the alleged revocation of licence.

Ratio Decidendi

The court found that the computer programs in question were authored by the appellant in the course of his employment with the Bureau. The evidence showed that the programs were directly related to the Bureau's business, integrated into its automated weather system, and created to facilitate the appellant's duties as a meteorological technical officer. Job evaluations and quarterly reports confirmed that programming became a major component of his work, and some programs were written specifically for other Bureau stations at their request. The court held that, but for his employment, the appellant would not have created the programs, establishing a close causal connection between...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.