Allcopy Publishers (Pty) Ltd and Others v Phillips (Leave to Appeal) (00001/2024) [2025] ZAGPPHC 514 (26 May 2025)

Allcopy Publishers (Pty) Ltd and Others v Phillips (Leave to Appeal) (00001/2024) [2025] ZAGPPHC 514 (26 May 2025)

The Tribunal found that granting leave to appeal would serve no practical purpose, as the compulsory licence would have expired before any appeal could be heard. The applicant's argument that refusal of the licence would enable a damages claim was rejected, as the right to claim damages already exists under the Copyright Act and is not contingent on the outcome of the appeal. The Tribunal held that the respondent's conduct did not amount to self-help as understood in constitutional jurisprudence, but rather constituted alleged copyright infringement, which is subject to separate proceedings. The Tribunal confirmed its wide powers under section 33(5) of the Copyright Act to grant a...

Citation
[2025] ZAGPPHC 514
Parties
Applicant: Allcopy Publishers (Pty) Ltd; Applicant: Jurgens Johannes Basson; Applicant: Jaco Odendaal; Respondent: Mark Phillips
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2025
Case Number
00001/2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Grant of Compulsory Copyright Licence by Tribunal.
Outcome
Application for leave to appeal dismissed with costs.
Judges
GN Moshoana
Legal Topics
Compulsory Licence, Copyright Infringement, Self Help Doctrine, Retrospective Orders, Damages Claims
Intellectual Property Civil Procedure Compulsory Licence Copyright Infringement Self Help Doctrine Retrospective Orders Damages Claims

Case Brief

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Parties

Allcopy Publishers (Pty) Ltd

Applicant

Jurgens Johannes Basson

Applicant

Jaco Odendaal

Applicant

Mark Phillips

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Grant of Compulsory Copyright Licence by Tribunal.

Legal Issues

  1. 1 Whether leave to appeal should be granted where the relief sought will have no practical effect or result.
  2. 2 Whether the Tribunal erred in finding the applicant was not a victim of self-help.
  3. 3 Whether the Tribunal was empowered to grant a compulsory licence with retrospective effect.

Ratio Decidendi

The Tribunal found that granting leave to appeal would serve no practical purpose, as the compulsory licence would have expired before any appeal could be heard. The applicant's argument that refusal of the licence would enable a damages claim was rejected, as the right to claim damages already exists under the Copyright Act and is not contingent on the outcome of the appeal. The Tribunal held that the respondent's conduct did not amount to self-help as understood in constitutional jurisprudence, but rather constituted alleged copyright infringement, which is subject to separate proceedings. The Tribunal confirmed its wide powers under section 33(5) of the Copyright Act to grant a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is directed to pay the costs of this application on a party and party scale, including the costs of employment of two counsel to be taxed or settled on scale C.