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LML 4801 Assignment 1Second
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Unique Number: 536385
Semester 2020
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jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwertyuiopa
, Question 1
WORK Author Copyright owner
Living the game: Cinematograph film Kgomotso Molapo Mzansi Gold
For the love of the game: Published edition Dumisani Ndlovu Local newspaper
Copy of the movie DVD: Literary work Estelle Dlamini Mzansi Gold
Digital recording: Sound recording Club Manager Club manager
Script for the movie : Literary work Kgomotso Molapo Mzansi Gold
Soundtrack : Cinematograph film Mzansi Gold Mzansi Gold
Question 2
In terms of Section 23(1)(a) of the Copyright Act No.98 of direct infringement occurs
when someone other than the copyright holder produces unauthorized copying,
adaptation or publication of a work without permission.1
To establish infringement a dual test has to be done and firstly, there must be sufficient
objective similarity between the copyrighted work and the infringing work. This requires
an objective comparison of the two works to determine similarities and furthermore,
there must be a link between the creation of the infringing work and the copyrighted
work that is the causal link. When both of these elements have been satisfied an act of
infringement would have been committed.
More so the question relates to the reproduction of a movie. Relating to a literary or
musical work or a broadcast, the term reproduction includes reproduction in the form of
a record or a cinematograph film. Concerning an artistic work, this term includes a
version produced by converting the work into a three-dimensional form or, if it is in
three-dimensional form, by converting it into a two-dimensional form. Concerning any
work, it includes a reproduction made from a reproduction of that work.
So as to establish infringement through the reproduction or adaptation of a work, we
should prove that the copyrighted work had been copied. Whether there has been
copyright infringement in the form of reproduction or adaptation is a question of fact.
This question must be answered in two stages, one objective and the other subjective
and the Galago Publishers v Erasmus together with the Jacana Education (Pty) Ltd v
Frandsen Publishers case, Dexion Europe Ltd v Universal Storage Systems will be
used for reference.
More so there is need of use of the objective test to determine whether there is an
objective similarity between the copyrighted work and the alleged infringing work, and
1
Copyright Act
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LML 4801 Assignment 1Second
jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
Unique Number: 536385
Semester 2020
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bnmqwertyuiopasdfghjklzxcvbnmqwerty
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jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwertyuiopa
, Question 1
WORK Author Copyright owner
Living the game: Cinematograph film Kgomotso Molapo Mzansi Gold
For the love of the game: Published edition Dumisani Ndlovu Local newspaper
Copy of the movie DVD: Literary work Estelle Dlamini Mzansi Gold
Digital recording: Sound recording Club Manager Club manager
Script for the movie : Literary work Kgomotso Molapo Mzansi Gold
Soundtrack : Cinematograph film Mzansi Gold Mzansi Gold
Question 2
In terms of Section 23(1)(a) of the Copyright Act No.98 of direct infringement occurs
when someone other than the copyright holder produces unauthorized copying,
adaptation or publication of a work without permission.1
To establish infringement a dual test has to be done and firstly, there must be sufficient
objective similarity between the copyrighted work and the infringing work. This requires
an objective comparison of the two works to determine similarities and furthermore,
there must be a link between the creation of the infringing work and the copyrighted
work that is the causal link. When both of these elements have been satisfied an act of
infringement would have been committed.
More so the question relates to the reproduction of a movie. Relating to a literary or
musical work or a broadcast, the term reproduction includes reproduction in the form of
a record or a cinematograph film. Concerning an artistic work, this term includes a
version produced by converting the work into a three-dimensional form or, if it is in
three-dimensional form, by converting it into a two-dimensional form. Concerning any
work, it includes a reproduction made from a reproduction of that work.
So as to establish infringement through the reproduction or adaptation of a work, we
should prove that the copyrighted work had been copied. Whether there has been
copyright infringement in the form of reproduction or adaptation is a question of fact.
This question must be answered in two stages, one objective and the other subjective
and the Galago Publishers v Erasmus together with the Jacana Education (Pty) Ltd v
Frandsen Publishers case, Dexion Europe Ltd v Universal Storage Systems will be
used for reference.
More so there is need of use of the objective test to determine whether there is an
objective similarity between the copyrighted work and the alleged infringing work, and
1
Copyright Act
