Originality under microscope in copyright battle

Originality – the crucial requirement for copyright protection – is one of the issues Acting Judge Berger will have to deal with in his judgment in the copyright battle between Moneyweb and Media24, which wound up in the Gauteng High Court (Johannesburg) on Friday, notes Legalbrief. He will also have to consider the usefulness of the ageing Copyright Act in the digital age and what constitutes the 'fair use' of other media reports. Berger reserved judgment, saying he would do his best to get it out as soon as possible, after hearing varying views on what constitutes originality. The Moneyweb application is seeking damages against Fin24 – an application that Cedric Puckrin SC argued should be dismissed with costs. ‘I theoretically could not find unlawful competition by our clients. We ask that the application be dismissed in its entirety, including the costs of two counsels,’ Puckrin, for Fin24, is quoted as saying by Business Report. Moneyweb is accusing Fin24, owned by Media24, of plagiarising at least seven of its articles. Moneyweb argued that the Fin24 articles were unlawful in that they infringed on its copyright, under the Copyright Act 98 of 1978 – an Act Media24 had argued was out of step with the digital age. Moneyweb is claiming damages and want the articles removed from the Fin24 website.

First report in Business Report

Second report in Business Report