Copyright protection of computer programs
Date
2016-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
This 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.
Description
CITATION: Karjiker, S. 2016. Copyright protection of computer programs. South African Law Journal, 133(1):51-72.
The original publication is available at https://journals.co.za/content/journal/jlc_salj
The original publication is available at https://journals.co.za/content/journal/jlc_salj
Keywords
copyright protection -- South Africa, computer programs -- South Africa, UK copyright law
Citation
Karjiker, S. 2016. Copyright protection of computer programs. South African Law Journal, 133(1):51-72.