One of the exclusive 'bundle of rights' that the owner of the copyright in a literary or ... more One of the exclusive 'bundle of rights' that the owner of the copyright in a literary or musical work has is 'publishing the work if it was hitherto unpublished' (s 6(b) of the Copyright Act 98 of 1978). The first owner of the copyright in a work is its author (s 21(1)(a)). The author remains the owner of copyright in the work until he or she transfers ownership to another by way of assignment or through testamentary disposition, or where the copyright is transferred by operation of law (s 22(1)). The exclusive right to publish a work is therefore the author's, unless the latter assigns this right to another person. The right to publish a work is not one that vests in some other entity, such as those called 'publishers' in the music industry, with whom the author has to negotiate to get his or her works published. It is a right that vests in the author, and music publishers may own or control it only if transferred to them by the author. This is important...
This contribution recounts the historical development and expansion of the reproduction right in ... more This contribution recounts the historical development and expansion of the reproduction right in copyright in response to, and as a result of, technological developments, with a focus on the music reproduction right. It is shown how the very first copyright statute, the Statute of Anne, was enacted in response to the effects of a technological development, namely the invention of the printing press, which had been experienced over some time. To safeguard the interests of rightsholders, the Statute of Anne gave rise to and was itself epitomised by the reproduction right (the right to copy or print). The uncertainty with regard to the question of whether the Statute of Anne applied only in respect of books and other literary works, or whether it also extended to musical works, was resolved in the case of Bach v Longman, which extended the application of the Statute to musical works. It was particularly in the area of musical works that the reproduction right was further developed in t...
One of the exclusive 'bundle of rights' that the owner of the copyright in a literary or ... more One of the exclusive 'bundle of rights' that the owner of the copyright in a literary or musical work has is 'publishing the work if it was hitherto unpublished' (s 6(b) of the Copyright Act 98 of 1978). The first owner of the copyright in a work is its author (s 21(1)(a)). The author remains the owner of copyright in the work until he or she transfers ownership to another by way of assignment or through testamentary disposition, or where the copyright is transferred by operation of law (s 22(1)). The exclusive right to publish a work is therefore the author's, unless the latter assigns this right to another person. The right to publish a work is not one that vests in some other entity, such as those called 'publishers' in the music industry, with whom the author has to negotiate to get his or her works published. It is a right that vests in the author, and music publishers may own or control it only if transferred to them by the author. This is important...
This contribution recounts the historical development and expansion of the reproduction right in ... more This contribution recounts the historical development and expansion of the reproduction right in copyright in response to, and as a result of, technological developments, with a focus on the music reproduction right. It is shown how the very first copyright statute, the Statute of Anne, was enacted in response to the effects of a technological development, namely the invention of the printing press, which had been experienced over some time. To safeguard the interests of rightsholders, the Statute of Anne gave rise to and was itself epitomised by the reproduction right (the right to copy or print). The uncertainty with regard to the question of whether the Statute of Anne applied only in respect of books and other literary works, or whether it also extended to musical works, was resolved in the case of Bach v Longman, which extended the application of the Statute to musical works. It was particularly in the area of musical works that the reproduction right was further developed in t...
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