Skotnes v South African Library (339/95) [1997] ZASCA 28; 1997 (2) SA 770 (SCA); [1997] 2 All SA 379 (A); (26 March 1997)

Skotnes v South African Library (339/95) [1997] ZASCA 28; 1997 (2) SA 770 (SCA); [1997] 2 All SA 379 (A); (26 March 1997)

The Court held that the appellant's work is a 'printed book' within the meaning of the Legal Deposit of Publications Act, as the definition is intentionally broad and not limited by the eiusdem generis rule. The production method, including hand-operated mechanical printing and artistic input, does not exclude the work from the statutory definition. The Act's purpose is to build a national collection, and exemptions exist to address cases of hardship. The Court found that 'copies' of the work were created, as each specimen is a printed specimen of the work, regardless of artistic originality. The constitutional challenge was not considered, as the proceedings predated the Constitution....

Citation
[1997] ZASCA 28
Parties
Appellant: Pippa Skotnes; Respondent: South African Library
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1997
Case Number
339/95
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Mahomed, Vivier, Marais, Scott, Zulman
Legal Topics
Legal Deposit of Publications Act, Definition of Publication, Interpretation of Statutes, Eiusdem Generis Rule, Costs Orders
Administrative Law Civil Procedure Legal Deposit of Publications Act Definition of Publication Interpretation of Statutes Eiusdem Generis Rule Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Pippa Skotnes

Appellant

South African Library

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division

Legal Issues

  1. 1 Whether the appellant's work constitutes a 'printed book' within the meaning of the Legal Deposit of Publications Act.
  2. 2 Whether 'copies' of the work, as contemplated by the Act, came into existence.
  3. 3 Whether the appellant was obliged to supply a free copy to the respondent under the Act.

Ratio Decidendi

The Court held that the appellant's work is a 'printed book' within the meaning of the Legal Deposit of Publications Act, as the definition is intentionally broad and not limited by the eiusdem generis rule. The production method, including hand-operated mechanical printing and artistic input, does not exclude the work from the statutory definition. The Act's purpose is to build a national collection, and exemptions exist to address cases of hardship. The Court found that 'copies' of the work were created, as each specimen is a printed specimen of the work, regardless of artistic originality. The constitutional challenge was not considered, as the proceedings predated the Constitution....

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

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