3 July 2009
245/2008 [2009] ZASCA 80
Occupiers of ERF 101,102, 104 and 112, Shorts Retreat,
Pietermaritzburg v Daisy Dear Investments (Pty) Ltd and Others
(245/08) [2009] ZASCA 80
Evictions in
terms of the
Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998
– the requirements therefor restated
Co-authors
'all hold copyright'
- 2 July
Co-authors of copyrighted works cannot claim damages individually
for infringement. They must sue together in a court as co-authors
or prove what their individual damages are, legal analysts said
this week. This comes in the light of a judgment this month in the
Supreme Court of Appeal in which David Feldman, executor of pop
diva Brenda Fassie's estate, brought a claim against EMI Music.
Feldman claimed to have joint ownership in the copyright of 157
works, all but four of which Fassie had composed in collaboration
with others. Nishi Chetty, a partner at intellectual property law
firm Adams and Adams, said the appeal court judgment has "do-or-die
implications for co-authors of copyright works seeking to sue
individually for the full amount of damages flowing from copyright
infringement". - Business
Day
website
See
also :
1 June 2009
268/2008
[2009] ZASCA 75
Feldman
NO v EMI Music SA (Pty) Ltd/EMI Music Publishing SA (Pty) Ltd