Nkosi is walking around an Exclusive Books bookstore, perusing children's story books. He comes across a book titled 'Naughty Bunny and the Sun' by P K Browling and has a look at it. The plot involves a bunny rabbit who is asked by the Sun to carry a message to a farmer. When the bunny makes a series of stops along the way and eventually delivers the wrong message, the Sun gets angry and spanks the bunny, causing his lip to be cut. Nkosi alleges that Browling has appropriated a traditional San tale about Mother Moon's message to man about life after death, which explains why the hare has a split lip. He explains to you that in the traditional tale, the Mother Moon noted that people on the plains rejoiced at her coming out at night, but she knew that people feared death more than anything. She thought to send a message to them so that they would no longer have fear, and asked a number of animals to carry her message to the people. She asked an owl and a jackal, who refused to help. She then asked a hare, who agreed to carry the message. She tells the hare to carry the following message - "You must tell them this: Look at Mother Moon, and be content. First she is like the horn of an eland. Then she becomes round and fat like the hunters when the herds of animals are plentiful, and every arrow find its mark. Then she melts away until there is only a crane's wishbone left. In the end she vanishes completely. So it is with men too. First a man is young, but he grows strong. Then comes old age and sucks his bones dry. But when he dies, he shall live again - just as I do." The hare rushed off to tell people, and when he met the first man, he said - "I was looking for you, Mother Full Moon sent me. She says you are Eland's horn. No, she says you are Crane's wishbone. I mean, she says, when you are dead, you are dead, and you will not live again! " The hare was confused, but before he could say anything else the man had left in despair. The hare looked over his shoulder and saw Mother Moon's face, red above the mountains. She looked full of anger and catching him by the tale, shouted - "Bad one! You bungled everything!" She smacked him so hard that his lip split open. The hare asked Mother Moon how he could right the mess he had made, and she asked him to go back to the people and deliver the correct message. When confronted with Nkosi's claim, Browling admits that she was inspired to write 'The Naughty Bunny and the Sun' by a story her domestic worker used to tell her children over breakfast. She does feel that the story is sufficiently different to that story and does not infringe any rights.

Answer the following questions:

4.1 Advise Browling on whether she fulfils the requirements for the creation of copyright in her story. (15 marks)

4.2 Advise Nkosi whether either the San people or Browling hold any copyright held in the either story, and what the legal position of both parties are.