Question
3.1 In South Africa there are a number of statutes which lay down as a general rule that all courts - civil as well as
3.1 In South Africa there are a number of statutes which lay down as a general rule that all courts - civil as well as criminal - should be open so that anyone who wishes to attend, can have access. There are various reasons for open courts. Name FOUR (4) reasons. (4)
3.2 X is a biologist. He is also a qualified person for the purposes of the Copyright Act 98 of 1978. On a trip through the Cape Province, X photographs several species of wildflowers as part of his job as lecturer at the university. In his spare time, he writes a travel book "Travelling through Africa". Due to his extensive knowledge of the different species of wildflowers, X is invited to give talks to various tourist groups who come to see the spectacular display of wildflowers in Cape Town during spring.
Answer the following questions and give a reason for your answer in each case.
(a) Who is the owner of the copyright in the photographs of the wildflowers? (2)
(b) Who is the owner of the copyright in the travel book? (2)
(c) Say, for instance X uses the photographs of the wildflowers to create a poster to illustrate to his students and on occasion, to the tourists, the difference between the various species of wildflowers. Does the poster in any way constitute an infringement of anyone else's copyright? If so, will X be able to rely on any defences? (2)
(d) In his private time X writes a script for a documentary film dealing with the various species of wildflowers and various painting techniques to paint flowers. Who is the owner of the copyright in the script? (2)
(e) X instructs Y to make a film using the script against payment of an agreed fee. Who is the owner of the copyright in the film? (2)
(f) Z translates the script into German without obtaining X's permission. Who is the owner of the copyright in the translated script? (2)
(g) One of X's landscape paintings of the wildflowers in the countryside is displayed at an art exhibition. During the exhibition B buys the painting from X. Who is the owner of the copyright in the painting after the sale thereof? (2)
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