Waylite Diary CC v First National Bank Ltd (663/1992)
Waylite Diary CC v First National Bank Ltd (663/1992) [1994] ZASCA 135; 1995 (1) SA 645 (AD); [1995] 1 All SA 451 (A) (27 September 1994)
The Supreme Court of Appeal held that the appointment pages of the field diary did not constitute artistic or literary works as defined in the Copyright Act. The layout, lines, and arrangement of days and calendar information were found to be commonplace and dictated by functional requirements, lacking the necessary originality and substance for copyright protection. The court rejected the argument that the pages were drawings or charts, and found that the arrangement did not amount to a compilation deserving copyright. English case law was considered persuasive, supporting the conclusion tha…
Source excerpt
- Copyright Subsistence
- Artistic Work Definition
- Literary Work Definition
- Originality Requirement
- Compilation Copyright