Answers
Patent and Copyright Law, Assignment 1 Semester 2 2020
- Institution
- University Of South Africa (Unisa)
This document answers the questions of Assignment 1 of the second semester in the module LML4801 of UNISA.
[Show more]
2 reviews
By: Allmodules • 4 year ago
By: wisangobeni48 • 4 year ago
By: riberydejong • 4 year ago
Thanks mate for the review. I hope all went well.
Content preview
qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxc
vbnmqwertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmqwertyuiopasdfgh
LML 4801 Assignment 1Second
jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
Unique Number: 536385
Semester 2020
wertyuiopasdfghjklzxcvbnmqwertyuiopa
dejongribery@gmail.com
sdfghjklzxcvbnmqwertyuiopasdfghjklzxcv
bnmqwertyuiopasdfghjklzxcvbnmqwerty
uiopasdfghjklzxcvbnmqwertyuiopasdfghj
klzxcvbnmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwertyuiopa
sdfghjklzxcvbnmqwertyuiopasdfghjklzxcv
bnmqwertyuiopasdfghjklzxcvbnmrtyuiop
asdfghjklzxcvbnmqwertyuiopasdfghjklzxc
vbnmqwertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmqwertyuiopasdfgh
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller riberydejong. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
57413 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now
