Copyright protection of computer programs

dc.contributor.authorKarjiker, Sadullaen_ZA
dc.identifier.citationKarjiker, S. 2016. Copyright protection of computer programs. South African Law Journal, 133(1):51-72.en_ZA
dc.identifier.issn1996-2177 (online)
dc.identifier.issn0258-2503 (print)
dc.descriptionCITATION: Karjiker, S. 2016. Copyright protection of computer programs. South African Law Journal, 133(1):51-72.en_ZA
dc.descriptionThe original publication is available at
dc.description.abstractThis article seeks to address a misconception concerning the scope of copyright protection of computer programs. It has been suggested that unlike the US courts, the UK and South African courts have not drawn a proper distinction between functional works — such as computer programs—and other copyright works, with the result that they are more likely to protect ideas, rather than their particular expression. While this may have been true at some stage, it is certainly not the current position in the UK. The decision of the court in Navitaire Inc v easyJet Airline Company & another, and subsequent decisions, represented a sea-change in UK copyright law relating to computer programs, resulting in comparatively thin copyright protection for computer programs, which corresponds to the legal position in the US. It was the recognition of the functional nature of computer programs that led to this change in how programs should be assessed in terms of copyright doctrine. This more limited protection is considered to strike an appropriate balance between providing the necessary incentives for the production of computer programs, while allowing for a sufficiently large public domain.en_ZA
dc.publisherJuta Lawen_ZA
dc.subjectcopyright protection -- South Africaen_ZA
dc.subjectcomputer programs -- South Africaen_ZA
dc.subjectUK copyright lawen_ZA
dc.titleCopyright protection of computer programsen_ZA
dc.description.versionPublishers versionen_ZA
dc.rights.holderJuta Lawen_ZA

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