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Copyright Protection (copyright + protection)
Selected AbstractsCopyright Protection for Computer Programs in South Africa: Aspects of Sui Generis CategorizationTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 4 2009Lee-Ann Tong This article considers the protection of computer software in South Africa. It deals specifically with copyright of computer programs as provided for in the Copyright Act 98 of 1978 which makes provision for the categorization of computer programs as a sui generis category of works distinct from literary works. It explores the level of copyright protection under this regime with reference to aspects like the subsistence of copyright, authorship, ownership, duration, moral rights and infringement. It also considers the effect of the sui generis categorization on compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights and the anomalies that arise in the protection of preparatory work and computer programs. The focus is primarily on South African law. [source] The Trouble with Moral RightsTHE MODERN LAW REVIEW, Issue 3 2005Patrick Masiyakurima It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal inconsistencies generated by the vagaries of copyright exploitation. Harmonising moral rights protection or using moral rights justifications cumulatively may not resolve the theoretical inconsistencies. Copyright protection must therefore be seriously overhauled if moral rights are to be widely perceived as vehicles for protecting authors' rights. [source] Copyright Protection for Computer Programs in South Africa: Aspects of Sui Generis CategorizationTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 4 2009Lee-Ann Tong This article considers the protection of computer software in South Africa. It deals specifically with copyright of computer programs as provided for in the Copyright Act 98 of 1978 which makes provision for the categorization of computer programs as a sui generis category of works distinct from literary works. It explores the level of copyright protection under this regime with reference to aspects like the subsistence of copyright, authorship, ownership, duration, moral rights and infringement. It also considers the effect of the sui generis categorization on compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights and the anomalies that arise in the protection of preparatory work and computer programs. The focus is primarily on South African law. [source] Anomalies in Copyright LawTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 6 2006Anirban Mazumder The word copyright is a misnomer. The law of copyright is based on the encouragement of motive. Plagiarism is not necessarily copyright infringement and copyright infringement is not necessarily plagiarism. Copyright law is concerned, in essence, with the negative right of preventing the copying of physical material. Copyright is not a monopoly, unlike patent and registered design. Thus, if it can be shown that two precisely similar works were in fact produced wholly independently of one another, there can be no infringement of copyright by one or the other. Substantial similarity leading to copyright infringement is a grey area in copyright law. As per copyright law principles, making a digital copy itself is copyright infringement, no matter what amount of work is accessible to users. If a compilation work satisfies the originality criteria, that is ,creativity', then it will be protected. There is no copyright in facts per se, but original expression of factual compilation can have copyright protection. [source] | ||||||||||