The electronic red herring gambit - Selected issues on the misapplication of the copyright amendment act and the new future of software copyright law

Jooste, Cobus

Abstract

This paper examines the mistaken classification of computer games as an instance of video games, the difference between computer-generated and computer-assisted work and the impact thereof on South Africa's information technology market. Furthermore, in the light of recent case law, the authorship and ownership questions of software copyright are analysed in support of two related arguments. Firstly, that the control test, when applied to commissioned software, must be clarified and extended to contain a clear list of control elements, and, secondly, to ensure fairness in the case of employment-related software, that the control test be included as part of the “scope of employment” enquiry in section 21(1)(d) of the Act.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Congress of the Society of Law Teachers
• Start Date: Jan 15, 2010
• End Date: Jan 15, 2010
• Deposit Date: Apr 3, 2023
• Publicly Available Date: Apr 20, 2023
• Keywords: copyright, law, software, computer programs, intellectual property
• Public URL: https://uwe-repository.worktribe.com/output/10607768