All Outputs (40)

The law relating to protection of data and personal information (2022)
Book Chapter

The legal meaning of data is wide, and refers to electronic representations of information in any form. The internet operates exclusively by way of providing access to and reproducing data. As a result, the possible range of information contained in... Read More about The law relating to protection of data and personal information.

The law relating to domain names (2022)
Book Chapter

In this chapter, selected legal issues regarding the names of websites and associated keywords are discussed from the perspective of a trade mark owner, such as a company or other enterprise conducting business under the same or similar name as that... Read More about The law relating to domain names.

Copyright law and the internet (2022)
Book Chapter

Along with the proliferation of internet-aided means of communication, the digitalisation of creative expressions and the demand for access to online content have emphasised the importance of copyright protection as a socio-economic driver. These fac... Read More about Copyright law and the internet.

Driving openness – the myths about data and software access in the data and cloud policy (2022)
Journal Article

Significance: This article responds to the highly controversial recently published Draft National Policy on Data and Cloud and the related stakeholder commentary from a cyberlaw perspective. Selected issues regarding the ownership of scientific data,... Read More about Driving openness – the myths about data and software access in the data and cloud policy.

A right to read object code – software copyright law and the development of a decompilation exception in South Africa (2021)
Journal Article

The opportunity to read and extract knowledge from a lawfully obtained copy of any published work is a cornerstone of copyright law, except in the case of computer programs. This article examines the development of an exception to copyright protectio... Read More about A right to read object code – software copyright law and the development of a decompilation exception in South Africa.

Decompilation and copyright in ideas - The protection of non-literal elements of computer software and the idea/expression dichotomy (2020)
Thesis

The maxim, that copyright law does not protect ideas, is frequently challenged when the established principles are tested against new forms of expression or exploitation of a work. The evolution of computer programs, its unique characteristics and th... Read More about Decompilation and copyright in ideas - The protection of non-literal elements of computer software and the idea/expression dichotomy.

Hail Caesar! How Asterix beat Coronavirus (2020)
Journal Article

For generations of readers, the Adventures of Asterix series by René Goscinny and Albert Uderzo is the reason why some jokes are only funny in Latin. But, unfortunately, all is not well in the little village we know so well, because the Copyright Ame... Read More about Hail Caesar! How Asterix beat Coronavirus.

Cybersecurity and Law - a legal perspective on cyberthreats and protection measures (2019)
Presentation / Conference Contribution

Mbube in the age of social media (2019)
Journal Article

Walt Disney’s 2019 remastering of The Lion King as an entirely computer generated, or so-called live-action, film, broke several records to beat the previous box office figures held by Harry Potter and the Deathly Hallows Part 2 and Disney’s own Froz... Read More about Mbube in the age of social media.

The plagiarist on trial (2018)
Journal Article

It is true that plagiarism is not a legal concept in the strict sense. It is not defined by any statute or specifically regulated by the common law. Neither industry-specific codes nor policy amount to law, regardless of their consequences. However,... Read More about The plagiarist on trial.

The gay agenda - social media regulation of defamation and hate speech (2018)
Presentation / Conference Contribution

Wat elke skrywer moet weet: 'n Regsperspektief op plagiaat (2018)
Digital Artefact

A best practice guide on the legal basis of plagiarism, with a focus on misrepresentation, fraud, forgery and uttering. This article is aimed at the members of the Publishers' Association.

Workshop: The digital aspects of IP rights for technology transfer, data processing and investment in public research and innovation (2018)
Presentation / Conference Contribution

Full stop ahead: Public interest in blocking digital content (2018)
Journal Article

It makes for the perfect ideological storm when IP law and ICT law meet and the right to freedom of expression stands in the way. Capitalist and socialist, activist and pacifist, pragmatist and idealist: differing legal experts abound in the battle f... Read More about Full stop ahead: Public interest in blocking digital content.

Public interest's role in online piracy battle (2018)
Newspaper / Magazine

This article discusses the status of causal liability for copyright infringement by authorisation in the digital environment, and focuses on the public interest in intellectual property rights. It deals specifically with online platform operators and... Read More about Public interest's role in online piracy battle.

The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights (2017)
Presentation / Conference Contribution

The impact of social media as a tool for the protection of civil and political rights, particularly during periods of civil unrest, political turmoil or democratic dispute, is well established. In the African context, the role of technologically-aide... Read More about The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights.

The Rise of the Copyright Police - perspective on the liability of intermediaries in the digital environment (2016)
Presentation / Conference Contribution

Minimum guidelines for general law (labour and ECP's, telecoms and ICT licensing) (2016)
Presentation / Conference Contribution

A diamond in the rough (2015)
Journal Article

Intellectual property law in the digital environment (EIP Law) (2014)
Book Chapter

Dean & Dyer: Introduction to Intellectual Property Law provides a thorough and accessible introduction to the full, broad spectrum of intellectual property law in South Africa. Authored as a collaboration between Spoor & Fisher, specialist intellectu... Read More about Intellectual property law in the digital environment (EIP Law).