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Blignaut, Herman; Apostolidis, Alexis --- "SOUTH AFRICA" [2018] ELECD 466; in Lavizzari, S. Carlo; Viljoen, René (eds), "Cross-Border Copyright Licensing" (Edward Elgar Publishing, 2018) 315

Book Title: Cross-Border Copyright Licensing

Editor(s): Lavizzari, S. Carlo; Viljoen, René

Publisher: Edward Elgar Publishing

ISBN: 9781784718503

Section: Chapter 7

Section Title: SOUTH AFRICA

Author(s): Blignaut, Herman; Apostolidis, Alexis

Number of pages: 34

Abstract/Description:

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.