Klep Values (Pty) Ltd. v Saunders Value Company Ltd. (493/84/av) [1986] ZASCA 157; [1987] 4 All SA 147 (AD (15 December 1986)
Court
Supreme Court of Appeal
Case number
493/84/AV
Judges
Corbett, Joubert, Grosskopf, Galgut, Nicholas
The Supreme Court of Appeal held that engineering drawings, even if technical and utilitarian, qualify as 'artistic works' under the 1911 British Copyright Act as incorporated in South African law. The originality requirement is satisfied where the draughtsman applies skill and labour, even if the design is a team effort or based on earlier works, provided the drawings are not slavish copies. The evidence established that the respondent's drawings were original and that copyright subsisted in them. The 1948 agreement validly assigned copyright from the predecessor company to the respondent. T…