South Africa Case Law

National Soccer League T/A Premier Soccer League v Gidani (Pty) Ltd (10/48519)

National Soccer League T/A Premier Soccer League v Gidani (Pty) Ltd (10/48519) [2014] ZAGPJHC 33; [2014] 2 All SA 461 (GJ); 2014 BIP 426 (GJ) (28 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

10/48519

Judge

N F Kgomo

The court found that the plaintiff's annual and weekly soccer fixture lists are original literary works within the meaning of the Copyright Act, compiled through substantial skill, judgment, and labour, and thus eligible for copyright protection. The defendant reproduced and adapted substantial parts of these lists in its Sport Stake gambling game without licence or authority, constituting ongoing infringement. The defence of implied non-exclusive licence was abandoned, and the court rejected the argument that public dissemination or constitutional freedom of expression excused the defendant'…

Source excerpt

• Copyright In Fixture Lists
• Originality Requirement
• Literary Works
• Substantial Copying
• Implied Licence
• Constitutional Property Rights

Galago Publishers (Pty) Ltd. and Another v Erasmus (130/88)

Galago Publishers (Pty) Ltd. and Another v Erasmus (130/88) [1988] ZASCA 131; [1989] 1 All SA 431 (A) (30 September 1988)

Court

Supreme Court of Appeal

Case number

130/88

Judges

Corbett, Smalberger, Milne, Kumleben, Nicholas

Copyright appeal over whether a pictorial history substantially reproduced a prior book on the Selous Scouts. The appeal was dismissed.

• Copyright Infringement
• Literary Works
• Substantial Part Reproduction
• Assignment Of Copyright
• Language Copying
• Copyright-infringement