The actual map is broken into three sections, called northern, central and southern. As befits a map of the park,
it depicts features such as the perimeter, roads, gates, rivers and camps. A striking feature of it is that pronounced
colours are used to illustrate 16 different kinds of "ecozone" or natural area, each having its own combination of
underlying rock and soil, rainfall, elevation and slope, leading to differing patterns of vegetation and animal
distribution. An illustrated crosssection of each of these areas is provided. Various commonplaces are included,
such as a distance and travelling timetable and a key to symbols depicting features such as waterholes, lookout
points, camps and the like. The map includes a grid, plotting camps on one axis and a variety of services and
facilities on the other. I shall describe it more fully later. The grid is also the subject of alleged infringement. The
map contains the statements "Created by Jacana Education and Kruger National Park" and "Published by (C) Jacana
Education, Johannesburg 1993". It is common cause that the reference to Jacana is a reference to the appellant,
Jacana Education (Pty) Ltd, which has traded under the name Jacana Education throughout, despite the fact that
the company was formerly styled Term Holders (Pty) Ltd.
Unlike the map, which is sold at entrance gates and shops, Jacana distributes free copies of a leaflet showing
gate opening and closing times, the trading hours of shops and restaurants, and the "Rules and Regulations of the
Kruger National Park" (the "Rules"). These Rules deal with a diversity of matters such as not using roller skates in
camp, adhering to the speed limits, remaining in one's car and not disturbing or feeding the animals. Jacana's
version of the Rules is a further subject of alleged copyright infringement. At the foot of the last page of the leaflet
appears the expression "(C) Jacana Education" followed by a stylised depiction of a bird, the African Jacana.
Frandsen's map is strikingly different in appearance and getup. It comes in the form of a foldout booklet. The
map is divided into seven sections, each on a separate page, preceded by a contents page showing the outline of
the park and its division into seven sections. This makes the map more easy to use in a confined space than is
Jacana's. The
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background colour is uniform and there is no attempt at all to indicate "ecozones". Again, boundaries, roads, gates,
rivers, camps and the like are indicated. The roads are stylised compared with those of Jacana. Kinks have been
ironed out. The symbols on the key are quite different, except for the general rondavel sign for camps, the statutory
"no entry" sign and the imagined blue of the lowveld rivers. Among the differences are Jacana's marking of a
waterhole by a giraffe drinking, against Frandsen's more prosaic
Page 125 of [1998] 1 All SA 123 (A)
"W"; Jacana's depiction of a swing gate against Frandsen's "G" and the former's depiction of a picnic site with a cup
and saucer symbol against the latter's "P". The letters W, G and P are enclosed in coloured surrounds. When the
two maps are compared there are differences in the print used, the spelling of names and their positions on the
maps. Frandsen's map gives the elevation of hills whilst Jacana's does not. Hills are depicted in a different way.
There is not an entire identity as to the hills which are depicted. Nor are all their positions identical. Some of the
details of the courses of rivers differ. A distinctive feature of Frandsen's map is that the sheets are surrounded by
drawings of wild animals. A striking difference in content is the depiction of neighbouring private reserves, such as
Sabi Sabi, Londolozi and Timbavati. These do not appear on Jacana's map. A table of distances and a list of gate
opening and closing times are included. There is also a grid, plotting camps against services and facilities, and a
version of the Rules bearing similarity to that of Jacana, at least as far as content is concerned.
Unlike its map, which is divided into three parts, Jacana's grid is divided into two, northern and southern. The
camps are listed on the vertical axis, and the facilities on the horizontal. The descriptions of the latter which appear
at the top and which read vertically are tilted diagonally towards the right to make reading easier. The colour is
white on green with black print. The camps are divided into four groups: main, such as Satara and Skukuza, private,
bushveld and camping. Nineteen facilities are listed, such as "petrol station", "shop", "restaurant" and "conference
facilities".
Frandsen uses a single grid for the whole park, with the same basic layout. The colouring is nearblack and
blueishgrey upon white. The camps, needless to say, are the same. Frandsen adopts a classification the same as
that of Jacana, save that it does not have the separate category of "camping". Another difference is that
Jakkalsbessie is shown as a bushveld and not as a private camp. As with Jacana's grid, the ordering of camps within
each category is, unsurprisingly, alphabetical. Seventeen facilities are shown on the grid. Another three, which
appear on Jacana's grid as available only at Skukuza, "doctor", "bank" and "post office", are listed as a separate
item below Frandsen's grid. As can also cause no surprise, the facilities shown are largely common to the two grids,
although their order differs. Items such as "petrol", "shop" and "caravan site" are to be found on both grids.
Examples of differences in selection for inclusion are that Jacana makes provision for "educational display" and "car
hire" whereas Frandsen does not. The latter, on the other hand, lists "refrigeration", "first aid centre" and "night
drives", whereas the former does not. In some instances there is conflict as to whether a facility common to both
grids is to be found at a particular camp, for
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instance whether there are camping and caravan facilities at Orpen camp. The visual appearance of the contrasted
grids, in so far as that matters in a literary work, differs considerably.
Jacana claims copyright in the map as an "artistic work", and the grid and Rules as "literary works" this in terms
of section 2(1) of the Copyright Act 98 of 1978 ("the Act"). Under the subsection, in order to be eligible for copyright,