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ARTICLE · 08 DECEMBER 2017

Sleep(Ing) Out Of Copyright Ownership

The law around ownership of the copyright subsisting in databases where two independent parties contributed to the final work.

South AfricaIntellectual Property

The law around ownership of the copyright subsisting in databases where two independent parties contributed to the final work.

In the recent case of Philanthropic Collection (Pty) Ltd v Girls & Boys South Africa the Johannesburg High Court ("the Court") had to decide, among other things, whether the transacting parties shared joint ownership in the copyright subsisting in the database of donors for Philanthropic Collection's 2015 SleepOut charity event.

A summary of the facts of the case are as follows: Philanthropic Collection (Pty) Ltd ("Philanthropic") learned that Girls & Boys SA ("G & B"), which was the sole beneficiary of the 2015 SleepOut charity event (an event owned, organized and promoted by Philanthropic), was using the database of donors of the SleepOut event to solicit donations for an unrelated fund raising campaign of its own, as it was not a beneficiary for the years of 2016 and 2017.

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