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Exam (elaborations) LML4801 - Patent And Copyright Law (LML4801)
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Exam (elaborations) LML4801 - Patent And Copyright Law (LML4801)
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Make a list of the 5 resources that you consider most important to refer to, to
advise a client about infringement of her moral rights in South Africa. Your list
should not only consist of the names of resources but must also include the
relevant article/section/chapter/page/paragraph numbers.
1. Section 15 of The Constitution of the Republic of South Africa, 1996, provides
for the right to freedom of artistic creativity, freedom of expression, and
access to information.1
2. Sections 20 to 24 of the Copyright Act 98 of 1978, outline the various moral
rights, including the right of attribution, the right to object to derogatory
treatment, and the right of integrity.2
3. Section 6 of the Performers' Protection Act 11 of 1967outlines the various
moral rights, including the right of attribution, the right to object to derogatory
treatment, and the right of integrity.3
4. Articles 6bis and 14bis of the Berne Convention for the Protection of Literary
and Artistic Works specifically deal with the protection of moral rights. South
Africa is a member of the Berne Convention, which provides for the protection
of moral rights in international copyright law.4
5. Intellectual Property Laws Amendment Act No. 28 of 2013: This act amended
several intellectual property laws in South Africa, including the Copyright Act
1
The Constitution of the Republic of South Africa, 1996.
2
Section 20 – 24 of the Copyright Act 98 of 1978.
3
See section 6 of the Performers' Protection Act No. 11 of 1967.
4
Articles 6bis and 14bis of the Berne Convention for the Protection of Literary and Artistic Works:
https://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
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