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Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law
This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical w...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2020
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| _version_ | 1867613160871034880 |
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| access_status_str | Open Access |
| author | Marais, Richard |
| author2 | Schonwetter, Tobias |
| author_browse | Marais, Richard Schonwetter, Tobias |
| author_facet | Schonwetter, Tobias Marais, Richard |
| author_sort | Marais, Richard |
| collection | Thesis |
| description | This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical works is investigated as well as the modes of assessment in infringement scenarios. The findings are used to create a robust middle-ground approach to be adapted into the South African copyright infringement framework. Further considerations that impact infringement outcomes are addressed to the extent that they are contextually relevant. These include a discussion of research undertaken on the continent regarding the relationship between creators and the music-related copyright regime as well as the role that exceptions and limitations play in infringement outcomes. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/31006 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:43.046Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/31006 Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law Marais, Richard Schonwetter, Tobias Intellectual Property Law This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical works is investigated as well as the modes of assessment in infringement scenarios. The findings are used to create a robust middle-ground approach to be adapted into the South African copyright infringement framework. Further considerations that impact infringement outcomes are addressed to the extent that they are contextually relevant. These include a discussion of research undertaken on the continent regarding the relationship between creators and the music-related copyright regime as well as the role that exceptions and limitations play in infringement outcomes. 2020-02-11T11:02:41Z 2020-02-11T11:02:41Z 2019 2020-01-28T12:32:20Z Master Thesis Masters LLM http://hdl.handle.net/11427/31006 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Intellectual Property Law Marais, Richard Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| thesis_degree_str | Master's |
| title | Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| title_full | Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| title_fullStr | Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| title_full_unstemmed | Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| title_short | Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law |
| title_sort | investigating musical copyright infringement examining international understandings of musical copyright infringement for potential adaptation into south african copyright law |
| topic | Intellectual Property Law |
| url | http://hdl.handle.net/11427/31006 |
| work_keys_str_mv | AT maraisrichard investigatingmusicalcopyrightinfringementexamininginternationalunderstandingsofmusicalcopyrightinfringementforpotentialadaptationintosouthafricancopyrightlaw |