Electronic Theses and Dissertations (Masters)

Permanent URI for this collectionhttps://hdl.handle.net/10539/37939

Browse

Filters

20232

Settings

Subject: search.filters.subject.UCTDSubject: search.filters.subject.SDG-9: Industry, innovation and infrastructureSubject: search.filters.subject.Copyright

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    South Africa's capability to regulate and enforce the sale of digital goods
    (University of the Witwatersrand, Johannesburg, 2023) Stockigt, David Henry
    There are several challenges to regulating digital goods in South Africa. Firstly, the classification of digital goods can be found in the Films and Publication Amendment Act (FPAA), which seeks to bring the Films and Publications Act in line with new technologies and digital goods. The changes made within the FPAA raise other issues and questions of who is bound to the FPAA regulations, whether it only applies to publishers in South Africa and whether the regulations will be binding on individual publishers. Secondly, copyright enforcement has become more complex as the ability to replicate and reproduce copyright protected works has become easier. The Copyright Amendment Act (CAA) now offers greater protection of copyrighted works in the art, music, film, and video game industries through royalty agreements, allowing a copyright infringer to escape liability by paying an agreed amount for the use of the digital goods. Finally, the sale of a non-physical, digital good is governed by the Consumer Protection Act (CPA); it only provides general protections when entering into end-user licence agreements. Access to the digital good will find protection under the traditional law of contract principles. South Africa has made great progress in regulating the sale of digital goods however, many gaps remain within South Africa's law. Drawing from the analysis of foreign jurisdictions, such as the United States of America (USA) and the European Union (EU). The USA, unlike South Africa, has created specific laws to govern problems that directly result from the increase in the sale of digital goods. The USA has focused their efforts on regulating password sharing, the legal principle of first sale through the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act. Finally, the USA has also allowed for specific copyright protection within the video game industry, protection that is not available in South Africa. On the other hand, the EU offers more generalised protection as the EU's Copyright provides broad solutions instead of individual laws addressing individual issues. The EU’s solutions include a strike system and the transfer of copyright infringement liability to the providers of the infringing material, allowing for adequate and efficient enforcement of copyright protections across multiple jurisdictions within the EU. South Africa would need to consider creating regulations that address live streaming, increasing video game copyright protection, and implementing the strike action through newly focused regulations rather than existing film and copyrights laws. By extending existing liability regulations to include those who provide access to the infringing material, it would enhance and encourage more well-rounded and sufficient protections in South Africa
  • Thumbnail Image
    Item
    A legal approach to whether ai generated content should be protected under copyright
    (University of the Witswatersrand, Johannesburg, 2023-10) Stransky, Caitlin
    Currently, there is no clear answer for whether AI-generated content should be protected under copyright law in South Africa and if so, who is the author and who owns the copyright. As AI is growing more advanced and widely used, the potential for confusion grows and thus clarity on the law’s position is important. In this paper, I will examine how AI generates works and compare this to the purpose of copyright law. I will then determine whether granting AI- generated works copyright protection aligns with the purpose of copyright law. Further, I will conduct an analysis on how different countries have dealt with the question of whether AI-generated content should be protected under copyright. This will help pinpoint the factors to consider when answering this question such as the requirement of human authorship, legal or juristic person ownership of the copyright and whether the works are copyrightable. It is important to consider how South Africa’s legal system should approach issues surrounding AI-generated content and copyright. In examining the South African legal position on this question, I will conduct an analysis on the approaches taken by the US, the UK, Germany, Australia, China, and South Africa in relation to AI-generated works and copyright. This range of countries will allow for a greater understanding of the issues, complexities, and factors to consider while answering this question