fbpx

Intellectual Property

South Africa

Copyright Infringement Questions

Home / South Africa / Copyright Infringement Questions

Some of the most common Copyright Infringement Questions are briefly answered below:

Is a website owner responsible for the copyright infringement on their website if a user has uploaded copyright protected work for which there has not been given permission by the rightful copyright holder?
Yes, even if the website owner displays a disclaimer regarding the content of the website, he or she will be held accountable for copyright infringement. The reason is simple. It is the website owner’s responsibility to monitor the content of their website even if it is a forum.

Does this mean that a website owner and not the website marketing company will be held responsible for copyright infringement if an article is placed on the website that constitutes some form of plagiarism?
In a sense, yes, unless there is a contract in place that indemnifies the website owner from any lawsuits because the web marketing company takes responsibility for the content provided through an agreement. This means that the website owner should ensure that there is an agreement in place that states the web marketing company, which provides the articles, takes responsibility for the originality of the content.

What happens when a person gets an article from an article directory and places it at their website, to find out later that the article was already a copyright infringement?
Depending on the terms and conditions of use at the article directory, the website owner unless he can give evidence of where the article was obtained, can be held responsible for copyright infringement. The person who has copied the article and presented it as their own work at the article directory is the person who is ultimately responsible for copyright infringement.

If a person changes the content of a free article or places it without the resource box in place, does it constitute copyright infringement?
Yes since copyright is immediately implied and the terms and conditions of usage make up the user agreement, the website owner is in breach of the terms of the agreement.

Where can one get legal assistance regarding copyright infringement related issues?
Simply contact us at Smit & Van Wyk Attorneys for professional legal assistance.

What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

Contact Request