Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021) [2023] ZAGPJHC 1014 (11 September 2023)
Court
South Gauteng High Court, Johannesburg
Case number
57565/2021
Judge
Wepener
The High Court dismissed Evrigard’s claims for passing off and copyright infringement over respirator packaging, striking inadmissible hearsay and finding no proven originality or reputation.
Peta Attorneys v Provision Research and Events CC and Another (2019/40177) [2020] ZAGPJHC 418 (23 December 2020)
Court
South Gauteng High Court, Johannesburg
Case number
2019/40177
Judge
Windell
The court found that the applicant's training outline was not a mere reproduction of government regulations but included additional subjects and reflected the skill, knowledge, and expertise of Ms Peta. The outline was used by the respondents in their marketing material, demonstrating its value and originality. The applicant provided sufficient evidence of the labour and skill expended in creating the work. The court held that the training outline constituted an original literary work within the meaning of the Copyright Act and that all requirements for a final interdict were met. The respond…
Philanthropic Collection (Pty) Ltd v Girls & Boys South Africa (3029/2017) [2017] ZAGPJHC 302; 20197 BIP 143 (GJ) (15 February 2017)
Court
South Gauteng High Court, Johannesburg
Case number
3029/2017
Judge
L T Modiba
The court found that the applicant was the sole organizer of the 2015 CEO SleepOut event and made all necessary arrangements for the creation of the donor database, including the website and registration process. The respondent's contribution, limited to the creation of an EFT form and manual data entry, did not meet the threshold for originality or authorship under the Copyright Act. The database was created specifically for the event and for the purpose of issuing section 18A certificates, not for the respondent's subsequent fundraising. The heads of agreement did not confer joint ownership…
Moneyweb (Pty) Limited v Media 24 Limited and Another (31575/2013) [2016] ZAGPJHC 81; [2016] 3 All SA 193 (GJ); 2016 (4) SA 591 (GJ); 2016 BIP 326 (GJ) (5 May 2016)
Court
South Gauteng High Court, Johannesburg
Case number
31575/2013
Judge
Berger
The court found that Moneyweb failed to establish originality in respect of four of the seven articles (Moneyweb 1, 2, 3, and 4), as the evidence did not demonstrate sufficient independent skill, judgment, or labour beyond mere repetition of publicly available information or press releases. The authors' statements regarding originality were factually bare and did not provide a basis for assessing their independent contribution. In contrast, Moneyweb 5, 6, and 7 were found to be original works, as the evidence showed that the authors applied their minds to source material, selected salient quo…
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'…
Tele Atlas Africa (Pty) Ltd and Another v Afrigis (Pty) Ltd (14421/11) [2011] ZAGPPHC 162; 2011 BIP 341 (GNP) (13 May 2011)
Court
North Gauteng High Court, Pretoria
Case number
14421/11
Judge
Southwood
The High Court dismissed a copyright interdict application over maps and digital maps, finding the applicants failed to prove ownership, originality, and infringement.
Appleton and Another v Harnischfeger Corporation and Another (495/92) [1994] ZASCA 141; 1995 (2) SA 247 (AD); [1995] 2 All SA 693 (A) (30 September 1994)
Court
Supreme Court of Appeal
Case number
495/92
Judges
Corbett, Van Heerden, Nestadt, Harms, Nicholas
The Supreme Court of Appeal held that the subsistence of copyright in the engineering drawings in question must be determined by reference to the Copyright Act 98 of 1978 and Notice 125 of 1990, which extended protection to American works without qualification. The repealed subordinate legislation, including Proclamation 118 of 1924, no longer governs the recognition of foreign works. The respondents were not required to prove compliance with United States law or formalities. The Court found that the drawings were original artistic works, as they were created by employees of Harnischfeger Cor…
