5.
(d)
Save as ordered in paragraph (a), the exceptions are dismissed.
(e)
The plaintiff is ordered to pay the costs of the exceptions.
The period of 21 days in paragraph 4(c) is to run from the date of delivery of this judgment.
(Farlam, Brand, Maya and Mhlantla JJA concurred in the judgment of Hurt AJA.)
For the appellant:
JR Gautschi SC and M Smit instructed by Feldman & Nance Kivell, Johannesburg and Lovius Block, Bloemfontein
For the respondent:
David Leibowitz instructed by Rosin Wright Rosengarten, Johannesburg and Claude Reid Inc, Bloemfontein
Footnotes
1
2
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4
5
6
7
In which Ms Fassie was stated to be the sole composer/author of the music and lyrics.
This is a précis of the detailed allegations of conduct which constituted copyright infringement.
"Where in an action under this section an infringement of copyright is proved or admitted, and the court having regard,
in addition to all other material considerations, to
(a) the flagrancy of the infringement; and
(b) any benefit shown to have accrued to the defendant by reason of the infringement,
Is satisfied that effective relief would not otherwise be available to the plaintiff, the court shall in assessing damages for
infringement have power to award such additional damages as the court may deem fit."
OH Dean Handbook of South African Copyright Law at 130A; K Garnett, G Davies, G Harbottle Copinger and Skone
James on Copyright 15ed at 288.
"work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution
of each author is not separable from the contribution of the other author or authors."
Op cit at 287288.
At 467.