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ARTICLE · 18 FEBRUARY 2020

Infringement Of Copyright

One of the challenges which face our South African creative industry today is the exploitation of their work, either by global or local companies without fair or even any compensation.

South AfricaIntellectual Property

One of the challenges which face our South African creative industry today is the exploitation of their work, either by global or local companies or individuals without fair or even any compensation. According to pundits in our local creative industry, this was nearly exacerbated by the Copyright Amendment Bill of 2015 (hereinafter referred to as "the Bill"), which the President, Mr Cyril Ramaphosa referred back to Parliament due to its controversial nature, and strong opposition from the creative industry.

Another significant concern was that the Bill is an infringement of Section 25 of the Constitution South Africa, Act No. 108, 1996. In this article, we will be discussing what constitutes an infringement of copyright and how copyrights can be transferred by way of assignment or licensing.

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