Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024)
Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024) [2025] ZAGPPHC 209; 2025 (4) SA 523 (GP) (7 March 2025)
The Tribunal found that the applicants had established the requirements under section 33(3) of the Copyright Act: they require a licence, the copyright holder refused to grant it, and the circumstances make the refusal unreasonable. The Tribunal held that the refusal by the respondent was an abuse of monopoly rights and that the applicants' claim was well-founded. The ongoing demand from schools, the inability of schools to replace textbooks annually, and the history of collaboration and joint authorship all supported the applicants' entitlement to a compulsory licence. The Tribunal declared…
Source excerpt
- Compulsory Licence
- Copyright Act Section 33
- Refusal To Grant Licence
- Unreasonableness
- Joint Authorship
- Declaratory Order