Thesis (LLM)--Stellenbosch Univeristy, 2015 / ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however becoming more common place for music composers to start copying each other, either directly or indirectly. Fortunately, copyright laws have been developed to further protect the rights enjoyed by copyright holders, such as music composers, and these laws essentially protect the composers from the unlawful reproduction of their original music. Copying is, to some degree, inevitable, therefore, the question asked by this paper is to what extent is someone entitled to ‘copy’ from another person without it amounting to copyright infringement. In determining if there is copyright infringement, two tests must be applied and satisfied, namely, the causal connection test, and the substantial similarity test. Causal connection is usually met by establishing whether the alleged infringer had access to the original work. The substantial similarity test is the focus of this paper. The courts rely on this test to determine if that part which was reproduced from the original work is of substance i.e. if it is a part of the work which attributes uniqueness and quality to the original song. Of course, this test is notoriously difficult to understand and apply, hence the need for this paper to address the question on when there is substantial similarity in two works. This paper is of benefit to academics, authors (musicians) and lawyers, as not only is the substantial similarity test discussed from a theoretical point of view, but the question of when something is substantially similar is answered from a pragmatic point of view. It is hoped that this paper is used as a guideline in understanding and applying the substantial similarity test in music copyright infringement cases. / AFRIKAANSE OPSOMMING : Geen opsomming beskikbaar

LL.M.

LL.M.

No description available.

Many people might think that downloading music without paying for it is not a big issue. Copyright owners disagree with this kind of reasoning because to them, music is intellectual property with substantial commercial value. Copyright law is the primary form of protection for intellectual property and is based on the fundamental principle that copyright works cannot be reproduced without the express consent of the copyright owner. During the late 90’s however, new technology made it possible for millions of people to download music from the Internet without the express consent of copyright owners. The mere act of downloading songs illegally violates the exclusive right of the copyright owner to reproduce the work. It has also created problems within copyright law that was not foreseeable in the 17th century when the Statute of Anne was enacted. In law, there is always an exception to the rule and it is no different with copyright law. Although copyright owners have the exclusive right to reproduce their work, the general public has been granted exceptions to make fair dealing of copyright works for private or personal use, purposes of research, private study, criticism, review or for reporting current events in a magazine, newspaper or periodical, broadcasting or by using the work in a cinematograph film by virtue of s12 of the Copyright Act 98 of 1978. However, the list of exceptions supra may be changed and/or extended, provided that it remains in line with the international conventions and agreements that South Africa is a member to. The three-step test is inter alia provided for in Art. 9(2) of the Berne Convention1 (Paris Text of 1971) and permit exceptions to the reproduction right of the copyright owner: 1) in certain special cases; 2) that do not conflict with the normal exploitation of the work and; 3) that does not unreasonably prejudice the legitimate interests of the author/rights holder. S17 provides that certain subsections of s12 shall apply mutatis mutandis with reference to sound recordings. However, s12(1)(a) is not one of the subsections mentioned in s17 which means that fair dealing in sound recordings for purposes of research or private study, or for personal or private use is NOT permitted. Fair dealing however, is not absolute nor is it an easy doctrine to interpret. The legal interpretation and application of fair dealing has been fraught with complexity since the English courts first dealt with fair abridgement of literary works between the 17th and 18th century but this complexity has been compounded even more by new technology, especially in relation to music works. The legal uncertainty of fair dealing with regard to music works is the reason why this comparative research has been undertaken in the jurisdictions of South Africa, the United Kingdom, Australia and the United States. Hopefully it will shed more light on the doctrine and lift the veil of confusion. / Jurisprudence / LLM

This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the less developed world. The work aimed to illustrate how, despite the imperfections of the system, certain intellectual property rights could still be used strategically by African countries to bolster the entrepreneurial spirit, in the form of musical entrepreneurship for purposes of enhancing their international trade capacity.

The crux of the research problem for this study pertains to the fact that, as the world moves towards a digital age, it is imperative that we gain insight into the current copyright laws which govern the transferring of music from the old analogue form to the new digital formats. In terms of the research problem, this study explores the South African Copyright Act No. 98 of 1978 as it pertains to the transferring of sound recordings from analogue to digital format. The study also examined digital copyright laws for sound recordings in the United States, the United Kingdom and Australia as well as major copyright conventions and treaties as these international copyright laws impact on the South African situation, especially in terms of reciprocity. Furthermore, the study addressed the issue of balancing the rights between copyright holders and the public good in the preservation and dissemination of knowledge in the digital age. The study employed methodological triangulation which included a literature search, a questionnaire and informal interviews. The population constituted 16 music librarians and two legal librarians who were surveyed. Quantitative and qualitative techniques were employed. Considering the size of the population (18) the results of a self-administered questionnaire were analysed using a calculator. Data collected for the informal interviews was analysed qualitatively. The study revealed that music librarians in South Africa are not well-versed in South African copyright law, especially as it applies to sound recordings. Guidelines, based on the South African Copyright Act No. 98 of 1978, and specifically for South African music librarians, have been formulated concerning both print and the actual sound recordings. It is important for the music librarian to take note that the composition of songs in a sound recording has an individual copyright that is separate from the copyright of the sound recording. Further copyrights can also exist in, for example, the sleeve of an album. It is anticipated that the guidelines will give clarity to music librarians on South African digital copyright legislation with regard to sound recordings. / Thesis (M.I.S.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the less developed world. The work aimed to illustrate how, despite the imperfections of the system, certain intellectual property rights could still be used strategically by African countries to bolster the entrepreneurial spirit, in the form of musical entrepreneurship for purposes of enhancing their international trade capacity.

Thesis (M.S.)--Mississippi State University. Department of Psychology. / Title from title screen. Includes bibliographical references.

No description available.