Intellectual Property

The Wild West is Dead; Long Live Data Protection

Submitted by Paul Esselaar on Fri, 17/07/2020 - 11:19

The Trade Law Centre of South Africa (Tralac) has just published an article on the impact of the start of South Africa's Protection of Personal Information Act (POPIA). The article, which is written by Paul Esselaar, considers some of the impacts that the advent of data protection in South Africa will have on digital trade, in particular considering the interaction between data protection and African Continental Free Trade Area (AfCFTA).

Copyright and Originality: Preserve your Notes!

Most people know that before you can prove an infringement of copyright, you need to prove that the material ('work') that you claim is subject to your copyright must be original enough (and not subject to copyright exceptions) to be able to be copyrighted. As the bar to 'originality' is relatively low most attorneys assume that any article that is published will be subject to the author's copyright.

Read more about Copyright and Originality: Preserve your Notes!

Are databases capable of copyright protection? - the case of BHA vs Discovery

Although it has been known for many years that a collection of data is capable of being protected by the Copyright Act No. 98 of 1978, it is always difficult for an organisation to go down the road of initiating legal proceedings against a copyright infringer. One of the main aspects relating to this is that – unlike really “orginal” works, the “originality” in a database is often not the data itself (which can be freely available) but in the fact that the database puts it all together in one place.

Read more about Are databases capable of copyright protection? - the case of BHA vs Discovery

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Intellectual Property

Related Articles:

The Wild West is Dead; Long Live Data Protection

Copyright and Originality: Preserve your Notes!

Are databases capable of copyright protection? - the case of BHA vs Discovery