Browsing by Subject "Copyright"

Now showing 1 - 3 of 3
  • No Thumbnail Available
    Item
    Open Access
    How can emerging technology remedy the deficiency in robust enforcement mechanisms for digital copyright infringement within the South African music industry?
    (2025) Mushati, Julita; Ncube, Caroline
    This dissertation examines the deficiency in robust enforcement mechanisms for digital copyright infringement within the South African music industry, which constant technology developments have worsened. The emergence of technology has been a dual-edged sword for the music industry. While it empowers musicians to reach vast consumers, it simultaneously simplifies and accelerates unwarranted copying, access, and reproduction of copyrighted material. Consequently, protecting intellectual property rights has become strenuous due to the rapid increase of file-sharing systems, therefore, prompting a dire need for modernised solutions. The principal purpose of this research is to explore how emerging technologies can assist in reinforcing enforcement mechanisms and analyse the deficiencies in the South African music industry context. This study utilises a desk research method examining emerging technologies and their association with the enforcement of copyrights in the music industry. Technologies such as Digital audio watermarking, Blockchain technology, artificial intelligence, quantum computing, digital audio fingerprinting, and machine learning will be examined in this paper, and how these emerging technologies can potentially establish robust enforcement mechanisms. In particular, the findings of this research reveal the dual role of technology that enables digital copyright infringement, which presents a substantial threat to the protection of copyright, however, emerging technology can be tactically employed to address the enforcement challenges, and the need for Copyright laws to be at par with technological advancements. This dissertation provides informative and valuable awareness of the relationship between merging technology and enforcement mechanisms within the context of the South African music industry and how this relationship can foster an environment that upholds copyright works and affords musicians the recognition and financial incentive they deserve.
  • No Thumbnail Available
    Item
    Open Access
    How should South Africa legislatively provide for Artificial Intelligence: with regards to copyright and patents
    (2026) Finch, Charlise; Ncube, Caroline
    The rapid advancement of Artificial Intelligence (AI) in the Fourth Industrial Revolution (4IR) has brought renewed focus to the question of how Intellectual Property Rights (IPRs) apply to AI-generated works. This dissertation examines the regulation of Intellectual Property (IP) in relation to AI, with specific emphasis on patents, copyright, and the legislative considerations necessary to accommodate emerging technologies. The study introduces key AI concepts, including Large Language Models (LLMs), which are increasingly capable of producing inventions and creative works that test the boundaries of IP law. Their involvement raises critical questions regarding ownership, authorship and inventorship. The dissertation evaluates whether South Africa's current IP framework adequately addresses these issues and identifies areas requiring reform. Chapter 2 analyses South Africa's patent regime, using the Companies and Intellectual Property Commission's decision to grant a patent listing an AI system as inventor as a central case study. Through comparative reference to the United States DABUS application, the chapter assesses the formal and substantive requirements of the Patents Act and explores whether the system can accommodate AI inventorship. Chapter 3 shifts focus to copyright, examining whether AI-generated outputs may qualify as computer-generated works under existing legislation. The chapter evaluates competing legal perspectives on authorship, the viability of extending protection to AI-generated works, and the implications of doing so, before providing recommendations for future regulation. Chapter 4 considers broader policy and socio-economic factors relevant to AI governance in South Africa and outlines legislative pathways for a holistic and future-focused approach to reform.
  • Thumbnail Image
    Item
    Open Access
    Open Content Licensing: A Three-Step Guide for Academics
    (2015-06) Willmers, Michelle; Czerniewicz, Laura
    Aimed at the individual academic, this guide will enable you to make informed and purposeful decisions around licensing your work in line with international open access principles. Based on the framework of open content licensing – a legitimate, internationally-recognised legal practice located within the boundaries of copyright law – it has been designed to protect the author against unauthorized forms of content exploitation in the digital realm, and is beneficial to the global user community in that it limits bureaucracy associated with obtaining permissions for re-use.