Media 24 Books (Pty) Ltd v Oxford University Press Southern Africa (Pty) Ltd (886/2015) [2016] ZASCA 119; [2016] 4 All SA 311 (SCA); 2017 (2) SA 1 (SCA); 2016 BIP 395 (SCA) (16 September 2016)

Parties

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court

Legal Issues

1. 1 Whether the respondent infringed the appellant's copyright in the compilation of example sentences in a bilingual dictionary.
2. 2 Whether the degree of similarity between example sentences constitutes proof of copying.
3. 3 Whether the explanations provided by the respondent's compilers and experts sufficiently rebut the inference of copying.

Ratio Decidendi

The court held that Media24 failed to discharge the onus of proving that OUP copied a substantial part of its dictionary. While Media24 established access and some degree of similarity, OUP provided credible explanations for the correspondences, supported by expert evidence that such similarities are inevitable in basic bilingual dictionaries aimed at learners. The correspondences were not extensive enough, nor was there a discernible pattern or plausible scenario of copying, whether by conspiracy or individual action. The evidence of the compilers and editor was not shown to be implausible or uncreditworthy, and without oral evidence or cross-examination, the court could not reject their...

Court Disposition

Appeal dismissed with costs, including costs consequent upon the employment of two counsel.

Orders

• The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel.