South Africa Case Law

Gallo Africa Ltd and Others v Sting Music (Pty) Ltd and Others (40/2010)

Gallo Africa Ltd and Others v Sting Music (Pty) Ltd and Others (40/2010) [2010] ZASCA 96; 2010 (6) SA 329 (SCA); [2011] 1 All SA 449 (SCA); 2010 BIP 256 (SCA) (3 September 2010)

Court

Supreme Court of Appeal

Case number

40/2010

Judges

Harms, Nugent, Lewis, Ponnan, Cachalia

South African courts do not have jurisdiction to adjudicate claims for infringement of foreign copyright, as copyright is an immovable intangible right subject to the territorial principle. The forum rei sitae, i.e., the court of the country where the copyright subsists, has exclusive jurisdiction over such claims. The fact that the defendant is an incola or domiciled in South Africa is irrelevant to jurisdiction over foreign copyright. Section 19(1)(a) of the Supreme Court Act does not extend jurisdiction to foreign copyright claims, and the Berne Convention does not alter this position. The…

Source excerpt

• Jurisdiction Of High Courts
• Territorial Nature Of Copyright
• Forum Rei Sitae
• Berne Convention
• Foreign Law In Sa Courts