This paper addresses a number of copyright issues that arise in relation to the protection of dat... more This paper addresses a number of copyright issues that arise in relation to the protection of data and databases in the data economy. The paper questions the copyrightability and the ownership of aspects of Big Data. A related issue is the nature and scope of the copyright protection of electronic databases from a common-law perspective. Is the recognition of computer-generated works in South Africa and New Zealand helpful in navigating copyright protection of collections of data in the data economy? The lawful processing of personal information also gives raise to several new copyright issues. The paper addresses the nature of data subject participation rights and consumer data rights and their impact on the copyright protection of databases. For example, where data subject participation rights allow data subjects, under certain circumstances, to reach over the proverbial database-ownership copyright wall and cause the database owner to remove or amend personal information, it may have the effect of amending the original work. It is questioned whether new legislation in the EU, which seeks to protect the public interest while promoting private enterprise, should be adopted in Australasia.
... TANA PISTORIUS University of South Africa Br ess Designs (Pty) Ltd v GY Lounge Suite Manufact... more ... TANA PISTORIUS University of South Africa Br ess Designs (Pty) Ltd v GY Lounge Suite Manufacturers (Pty) Ltd 1991 (2) SA 455 (W) is the first ... For example, in the recent JL & JE Walter Enterprises (Pty) Ltd v Kearns 1990 (1) SA 612 (Z) the Zimbabwean High Court held that a ...
... databases should not be underestimated — they form the core of information technology and all... more ... databases should not be underestimated — they form the core of information technology and all information systems (see Lionel M Lavenue ... digital property irrespective of geographic location (see Mary Maureen Brown, Robert M Bryan & John M Conley 'Database Protection in ...
... interface platforms. Intellectual property law in the digital environment. The article by Chr... more ... interface platforms. Intellectual property law in the digital environment. The article by Chris De Villiers and Tumelo Tshaya discusses business method patents and the patenting of computer software in South Africa. They also ...
Thesis (LL. D.)--University of Pretoria, 1997. Includes bibliographical references (leaves 613-65... more Thesis (LL. D.)--University of Pretoria, 1997. Includes bibliographical references (leaves 613-656) and index.
The Electronic Communications and Transactions Act of 2002 contain comprehensive on-line consumer... more The Electronic Communications and Transactions Act of 2002 contain comprehensive on-line consumer protection provisions. In addition, the ECT Act offers safeguards and remedies for natural persons transacting with electronic agents. Yet, the dividing line between consumer transactions and automated transactions is spurious. More often than not, a transaction will fall within both the ambit of a consumer transaction and an automated transaction. The legal effect of keying errors differs, depending on whether one colours the transaction as a consumer transaction or an automated transaction. Until such time as the ECT Act is revamped , transactional interfaces could accommodate these overlapping and often conflicting legal provisions.
Contents: Introduction Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma ... more Contents: Introduction Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma Suthersanen 2. New Zealand and the Imperial Copyright Tradition Geoff McLay 3. The Copyright Act 1911 in Australia Sam Ricketson 4. Mandatory Copyright: From pre-Palestine to Israel, 1910 - 2007 Michael D. Birnhack 5. The Imperial Copyright Act and the Indian Copyright Law T.G. Agitha and N.S. Gopalakrishnan 6. The Imperial Act 1911 in Singapore: Copyright Creatures Great and Small This Act It Made Them All Ng-Loy Wee Loon 7. Shades of Grey: Uncovering the Century Old Imperial Imprint on Jamaica's Modern Copyright Act Dianne Daley 8. No Copyright Law is an Island Ysolde Gendreau
This study examines the impact of BMP protection on development by focusing on the challenges con... more This study examines the impact of BMP protection on development by focusing on the challenges confronting economic growth in African communities as a result of the new paradigm in patent law. [Africa is used as a single unit in this study but this should not be construed as African homogeneity. Rather the views advanced in this study are used to could be applicable to many communities in Africa.] There are very few study on the impact of BMPs perspectives on economic development particularly in Africa. The purpose of this paper is therefore to review the extent of debates and discourses that has taken place among researchers and policy makers on the impact of BMPs perspectives on economic development in Africa. The paper deems it important to ignite or accelerate debate in this area. As a starting point the paper reviews (from the point of views of legal philosophers, policy makers and decisions of competent courts) the relevant literature, patent legislation particularly the Intern...
Comparative and International Law Journal of Southern Africa, 2002
The Internet is decentralised and self-regulatory. The use of modern means of communication, such... more The Internet is decentralised and self-regulatory. The use of modern means of communication, such as electronic mail, for the conduct of international trade transactions has been increasing rapidly and this trend is expected to continue in future. The exponential increase in international e-trade increases the need for legal recognition that the use of and reliance on electronic messages are valid and enforceable. This article examines firstly the background to the Model Law (ML) with reference to its objectives, scope, structure and approach. Reference is made to the basic provisions which seek to give legal recognition to on-line contracting. Core definitions from Chapter I of the ML and the articles of Chapter III that deal with the legal recognition of the formation and validity of contracts concluded electronically, and the time and place of dispatch and receipt of data messages are discussed. Thereafter, the extent to which these 'provisions have become the international n...
Traditional copyright legislation and legal principles did not make provisions for the management... more Traditional copyright legislation and legal principles did not make provisions for the management of digital copyright and its possible infringements. The drafters of copyright legislation and policy makers did not foresee the possible outbreak of copyright infringement in the digital age. The evolution in digital technologies has enormous impact on the traditional perspectives of copyright system. As the need to address the challenges confronting digital copyright system increased, the various legal-philosophical approaches were developed by legal philosophers, policy makers and competent courts. These approaches can have specific implications for knowledge development in Africa. This paper reviews, from the point of view of legal philosophers and decisions of the relevant courts, the different perspectives of the digital copyright management. It also examines the extent these approaches impact on the knowledge development in Africa. [Africa is used as a single unit in this paper b...
The protection of the intellectual investments embodied in databases is of the utmost importance.... more The protection of the intellectual investments embodied in databases is of the utmost importance. Technological innovation has rendered databases vulnerable to unauthorised access, reproduction, adaptation and publication. The copyright protection of databases is not always adequate to address the protection of non-original databases. Vast collections of data are thus vulnerable to information security threats. The European Union enacted a sui generis form of protection for non-original databases. A decade later a review of the first court decisions reveal paltry databases protection. The sui generis layer of IP protection in the EU has thus not led to innovation and growth in the European database industry. Courts' restrictions on the protection of "single-source databases" and the interpretation of the substantial investment requirement have contributed to the low level of database right adoption. The action of database owners against deep linking has proved to be mu...
This paper addresses a number of copyright issues that arise in relation to the protection of dat... more This paper addresses a number of copyright issues that arise in relation to the protection of data and databases in the data economy. The paper questions the copyrightability and the ownership of aspects of Big Data. A related issue is the nature and scope of the copyright protection of electronic databases from a common-law perspective. Is the recognition of computer-generated works in South Africa and New Zealand helpful in navigating copyright protection of collections of data in the data economy? The lawful processing of personal information also gives raise to several new copyright issues. The paper addresses the nature of data subject participation rights and consumer data rights and their impact on the copyright protection of databases. For example, where data subject participation rights allow data subjects, under certain circumstances, to reach over the proverbial database-ownership copyright wall and cause the database owner to remove or amend personal information, it may have the effect of amending the original work. It is questioned whether new legislation in the EU, which seeks to protect the public interest while promoting private enterprise, should be adopted in Australasia.
... TANA PISTORIUS University of South Africa Br ess Designs (Pty) Ltd v GY Lounge Suite Manufact... more ... TANA PISTORIUS University of South Africa Br ess Designs (Pty) Ltd v GY Lounge Suite Manufacturers (Pty) Ltd 1991 (2) SA 455 (W) is the first ... For example, in the recent JL & JE Walter Enterprises (Pty) Ltd v Kearns 1990 (1) SA 612 (Z) the Zimbabwean High Court held that a ...
... databases should not be underestimated — they form the core of information technology and all... more ... databases should not be underestimated — they form the core of information technology and all information systems (see Lionel M Lavenue ... digital property irrespective of geographic location (see Mary Maureen Brown, Robert M Bryan & John M Conley 'Database Protection in ...
... interface platforms. Intellectual property law in the digital environment. The article by Chr... more ... interface platforms. Intellectual property law in the digital environment. The article by Chris De Villiers and Tumelo Tshaya discusses business method patents and the patenting of computer software in South Africa. They also ...
Thesis (LL. D.)--University of Pretoria, 1997. Includes bibliographical references (leaves 613-65... more Thesis (LL. D.)--University of Pretoria, 1997. Includes bibliographical references (leaves 613-656) and index.
The Electronic Communications and Transactions Act of 2002 contain comprehensive on-line consumer... more The Electronic Communications and Transactions Act of 2002 contain comprehensive on-line consumer protection provisions. In addition, the ECT Act offers safeguards and remedies for natural persons transacting with electronic agents. Yet, the dividing line between consumer transactions and automated transactions is spurious. More often than not, a transaction will fall within both the ambit of a consumer transaction and an automated transaction. The legal effect of keying errors differs, depending on whether one colours the transaction as a consumer transaction or an automated transaction. Until such time as the ECT Act is revamped , transactional interfaces could accommodate these overlapping and often conflicting legal provisions.
Contents: Introduction Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma ... more Contents: Introduction Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma Suthersanen 2. New Zealand and the Imperial Copyright Tradition Geoff McLay 3. The Copyright Act 1911 in Australia Sam Ricketson 4. Mandatory Copyright: From pre-Palestine to Israel, 1910 - 2007 Michael D. Birnhack 5. The Imperial Copyright Act and the Indian Copyright Law T.G. Agitha and N.S. Gopalakrishnan 6. The Imperial Act 1911 in Singapore: Copyright Creatures Great and Small This Act It Made Them All Ng-Loy Wee Loon 7. Shades of Grey: Uncovering the Century Old Imperial Imprint on Jamaica's Modern Copyright Act Dianne Daley 8. No Copyright Law is an Island Ysolde Gendreau
This study examines the impact of BMP protection on development by focusing on the challenges con... more This study examines the impact of BMP protection on development by focusing on the challenges confronting economic growth in African communities as a result of the new paradigm in patent law. [Africa is used as a single unit in this study but this should not be construed as African homogeneity. Rather the views advanced in this study are used to could be applicable to many communities in Africa.] There are very few study on the impact of BMPs perspectives on economic development particularly in Africa. The purpose of this paper is therefore to review the extent of debates and discourses that has taken place among researchers and policy makers on the impact of BMPs perspectives on economic development in Africa. The paper deems it important to ignite or accelerate debate in this area. As a starting point the paper reviews (from the point of views of legal philosophers, policy makers and decisions of competent courts) the relevant literature, patent legislation particularly the Intern...
Comparative and International Law Journal of Southern Africa, 2002
The Internet is decentralised and self-regulatory. The use of modern means of communication, such... more The Internet is decentralised and self-regulatory. The use of modern means of communication, such as electronic mail, for the conduct of international trade transactions has been increasing rapidly and this trend is expected to continue in future. The exponential increase in international e-trade increases the need for legal recognition that the use of and reliance on electronic messages are valid and enforceable. This article examines firstly the background to the Model Law (ML) with reference to its objectives, scope, structure and approach. Reference is made to the basic provisions which seek to give legal recognition to on-line contracting. Core definitions from Chapter I of the ML and the articles of Chapter III that deal with the legal recognition of the formation and validity of contracts concluded electronically, and the time and place of dispatch and receipt of data messages are discussed. Thereafter, the extent to which these 'provisions have become the international n...
Traditional copyright legislation and legal principles did not make provisions for the management... more Traditional copyright legislation and legal principles did not make provisions for the management of digital copyright and its possible infringements. The drafters of copyright legislation and policy makers did not foresee the possible outbreak of copyright infringement in the digital age. The evolution in digital technologies has enormous impact on the traditional perspectives of copyright system. As the need to address the challenges confronting digital copyright system increased, the various legal-philosophical approaches were developed by legal philosophers, policy makers and competent courts. These approaches can have specific implications for knowledge development in Africa. This paper reviews, from the point of view of legal philosophers and decisions of the relevant courts, the different perspectives of the digital copyright management. It also examines the extent these approaches impact on the knowledge development in Africa. [Africa is used as a single unit in this paper b...
The protection of the intellectual investments embodied in databases is of the utmost importance.... more The protection of the intellectual investments embodied in databases is of the utmost importance. Technological innovation has rendered databases vulnerable to unauthorised access, reproduction, adaptation and publication. The copyright protection of databases is not always adequate to address the protection of non-original databases. Vast collections of data are thus vulnerable to information security threats. The European Union enacted a sui generis form of protection for non-original databases. A decade later a review of the first court decisions reveal paltry databases protection. The sui generis layer of IP protection in the EU has thus not led to innovation and growth in the European database industry. Courts' restrictions on the protection of "single-source databases" and the interpretation of the substantial investment requirement have contributed to the low level of database right adoption. The action of database owners against deep linking has proved to be mu...
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