Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works
Thesis (LLM)--Stellenbosch Univeristy, 2015
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | en_ZA |
| Published: |
Stellenbosch : Stellenbosch University
2015
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613860246061056 |
|---|---|
| access_status_str | Open Access |
| author | Rogowski, Adrian |
| author2 | Dean, Owen Henry |
| author_browse | Dean, Owen Henry Rogowski, Adrian |
| author_facet | Dean, Owen Henry Rogowski, Adrian |
| author_sort | Rogowski, Adrian |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLM)--Stellenbosch Univeristy, 2015 |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/97618 |
| institution | Stellenbosch University (South Africa) |
| language | en_ZA |
| last_indexed | 2026-06-10T12:42:51.481Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/97618 How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works Rogowski, Adrian Dean, Owen Henry Stellenbosch University. Faculty of Law. Department of Mercantile law Copyright -- Music Copyright infringement Musical compositions UCTD Thesis (LLM)--Stellenbosch Univeristy, 2015 ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however becoming more common place for music composers to start copying each other, either directly or indirectly. Fortunately, copyright laws have been developed to further protect the rights enjoyed by copyright holders, such as music composers, and these laws essentially protect the composers from the unlawful reproduction of their original music. Copying is, to some degree, inevitable, therefore, the question asked by this paper is to what extent is someone entitled to ‘copy’ from another person without it amounting to copyright infringement. In determining if there is copyright infringement, two tests must be applied and satisfied, namely, the causal connection test, and the substantial similarity test. Causal connection is usually met by establishing whether the alleged infringer had access to the original work. The substantial similarity test is the focus of this paper. The courts rely on this test to determine if that part which was reproduced from the original work is of substance i.e. if it is a part of the work which attributes uniqueness and quality to the original song. Of course, this test is notoriously difficult to understand and apply, hence the need for this paper to address the question on when there is substantial similarity in two works. This paper is of benefit to academics, authors (musicians) and lawyers, as not only is the substantial similarity test discussed from a theoretical point of view, but the question of when something is substantially similar is answered from a pragmatic point of view. It is hoped that this paper is used as a guideline in understanding and applying the substantial similarity test in music copyright infringement cases. AFRIKAANSE OPSOMMING : Geen opsomming beskikbaar 2015-11-04T09:25:24Z 2015-11-04T09:25:24Z 2015-03 Thesis http://hdl.handle.net/10019.1/97618 en_ZA Stellenbosch University iv, 58 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Copyright -- Music Copyright infringement Musical compositions UCTD Rogowski, Adrian How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title | How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title_full | How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title_fullStr | How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title_full_unstemmed | How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title_short | How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works |
| title_sort | how to copy a song with impunity a legal perspective on copyright infringement cases for musical works |
| topic | Copyright -- Music Copyright infringement Musical compositions UCTD |
| url | http://hdl.handle.net/10019.1/97618 |
| work_keys_str_mv | AT rogowskiadrian howtocopyasongwithimpunityalegalperspectiveoncopyrightinfringementcasesformusicalworks |