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CROSS-BORDER COPYRIGHT LICENSING

Law and Practice

CARLO SCOLLO LAVIZZARI, RENÉ VILJOEN

Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.
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Chapter 7: SOUTH AFRICA

Herman Blignaut and Alexis Apostolidis

Extract

Although South Africa’s law of contract has its heritage from the Roman Dutch law, South Africa has numerous contemporary statutory instruments which impact contracts and this chapter deciphers these intricacies. The chapter covers all the salient aspects to consider when negotiating and concluding a license agreement in South Africa. It includes coverage of the licensing options available (individual and collective licensing), how copyright ownership is determined, the transitional provisions in copyright law and how it affects licensing, international conventions and agreements, the inter-relation between licensing and competition law, the South African competition authorities and contraventions of the competition law act. The chapter also addresses what needs to be considered in terms of insolvency laws, jurisdictional considerations, dispute resolution and the relevant tax aspects.

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