South Africa: Copyright

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

Intellectual property is a key factor in what sets a business apart from its competitors. As such, the protection and enforcement of intellectual property rights are essential to preserving the value of those assets.

African textiles like Ankara, Kente, and Shweshwe carry profound cultural meanings that extend far beyond aesthetic appeal, yet intellectual property law struggles to protect these traditional expressions when fashion brands...

If you have accessed any social media platform recently, you will have likely been met with a wave of caricatures generated by artificial intelligence ("AI") tools.

If activities such as inadvertent copyright infringement constitute "misappropriation" or "improper use" of "property," the exclusion would eliminate a substantial portion of the risks that the insured would expect to be covered.

A balanced framework – one that protects creators while ensuring access to knowledge – can contribute meaningfully to cultural diversity, innovation and long-term growth across the continent.

Whether you are a serious collector or just charmed by the "ugly-cute" craze, the world of Labubu toys has exploded into a global market phenomenon.

In the digital age, photographs are shared, reposted, and embedded across websites with ease. Yet behind every image lies a creator, a photographer who has invested time, skill, and resources to produce a work of art.

While we are no experts on animation or light sabres, this case is a blockbuster! Both for Intellectual Property law and the future of generative AI.