Golden China TV Game Centre and Others v Nintendo Co Ltd (55/94)
Golden China TV Game Centre and Others v Nintendo Co Ltd (55/94) [1996] ZASCA 103; 1997 (1) SA 405 (SCA); [1996] 4 All SA 667 (A); (25 September 1996)
The Supreme Court of Appeal held that video games fall within the definition of 'cinematograph films' under the Copyright Act 98 of 1978. The court reasoned that the statutory definition is intentionally broad, designed to cover future technological developments. The fixation of the sequence of images in ROMs satisfies the requirement for copyright protection, and the sequence need not be invariable. The exclusion of computer programs from the definition does not apply to video games as audiovisual works. The court found that Nintendo had established authorship, originality, and qualification…
Source excerpt
- Copyright In Video Games
- Cinematograph Films Definition
- Fixation Requirement
- Originality
- Computer Program Exclusion