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South Africa Case Law

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Constitutional Law [2022] ZACC 33

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21)

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21) [2022] ZACC 33; 2023 (2) BCLR 117 (CC); 2022 BIP 518 (CC); [2022] HIPR 204 (CC) (21 September 2022)

Court
Constitutional Court
Case number
CCT 320/21
Judges
Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that the Copyright Act 98 of 1978, specifically sections 6 and 7 read with section 23, is unconstitutional to the extent that it requires copyright owner authorisation for the reproduction and adaptation of published literary works into accessible format copies for persons with visual and print disabilities. This requirement results in a scarcity of accessible works and constitutes unfair discrimination, infringing rights to equality, dignity, education, freedom of expression, and cultural participation. Section 13 of the Act, limited to reproduction, does not pr…

Source excerpt

  • Copyright Act 1978
  • Disability Rights
  • Reading In Remedy
  • Marrakesh Treaty
  • Equality And Dignity
  • Freedom Of Expression
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Intellectual Property [2015] ZASCA 188

South Afican Music Performance Rights Association v Foschini Retail Group (Pty) Ltd (50/2015)

South Afican Music Performance Rights Association v Foschini Retail Group (Pty) Ltd (50/2015) [2015] ZASCA 188; [2016] 2 All SA 40 (SCA); 2015 BIP 424 (SCA) (30 November 2015)

Court
Supreme Court of Appeal
Case number
50/2015
Judges
Mpati, Mhlantla, Pillay, Swain, Zondi

The Supreme Court of Appeal held that the jurisdiction of the Copyright Tribunal is triggered by the absence of agreement between the user and the copyright owner regarding the royalty amount, not by the applicant proving the tariff is unreasonable. There is no legal onus on the applicant to prove unreasonableness; rather, the tribunal must be satisfied on all the evidence that the claim is well-founded. The court found that requiring retailers to lead evidence of the rand value derived from music was impractical and unnecessary. Sufficient evidence, including international benchmarking, was…

Source excerpt

  • Copyright Royalties
  • Collecting Societies
  • Reasonable Tariff
  • Copyright Act 1978
  • Licence Scheme
  • Comparative Benchmarking
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.