Copyright Protection

Protecting your content, software, designs and creative work, and knowing who really owns it.

Copyright protects original creative work, including writing, software, artwork, photographs, music, films and website content. In South Africa copyright arises automatically under the Copyright Act once an original work is put into material form; there is no general registration system. The real questions are usually who owns the work, how to prove it, and how to stop others from copying it.

Where we assist

  • Ownership: confirming who owns work created by founders, employees, freelancers and agencies.
  • Assignments and licences: written agreements transferring or licensing copyright on clear terms.
  • Software and code: protecting source code and managing open-source licence obligations.
  • Content and marketing: website copy, photographs, videos and social media content.
  • Infringement: letters of demand, takedown notices and court action against copying.
  • Defending claims: responding when you are accused of using someone else’s work.

Who owns the work?

The author is generally the first owner. Work made by an employee in the course of employment belongs to the employer. Certain commissioned works, such as photographs, portraits and films that are commissioned and paid for, belong to the person who commissioned them. Most other work done by contractors, agencies and freelancers stays with the creator unless it is assigned in writing.

Assignments must be in writing

An assignment of copyright is only valid if it is in writing and signed by the person assigning it. Paying for a logo, website or app does not, on its own, make you the owner of the copyright in it.

Who we help

We advise:

  • Businesses that commission logos, websites, apps or marketing content.
  • Software developers and tech startups protecting their code.
  • Creators, photographers, writers and agencies.
  • Publishers, media and entertainment businesses.
  • Companies preparing for investment or sale, where investors check IP ownership.
  • Businesses whose content has been copied by a competitor.

How we protect your work

A practical approach to copyright.

  1. Identify your key works
    We map the content, software and creative assets that matter most to your business and who created them.
  2. Secure ownership
    We put assignments in place with founders, contractors and agencies, and check employment contracts cover IP.
  3. Create a paper trail
    Dated drafts, source code repositories and records of creation help prove originality and ownership if it is ever disputed.
  4. License on your terms
    Where others need to use your work, we draft licences that control scope, territory, duration and fees.
  5. Enforce
    If your work is copied, we send letters of demand, request platform takedowns and, where necessary, approach the court.

Copyright protects the expression of an idea, not the idea itself. A competitor may lawfully build a similar product or write about the same topic, as long as they do not copy your actual work. Brand names and logos are better protected by trade mark registration.

GET IN TOUCH

What to prepare

Helpful information for a first meeting.

  • Copies of the work you want to protect, with creation dates.
  • Contracts with any employees, freelancers or agencies who worked on it.
  • Invoices or briefs for commissioned work.
  • Examples of any copying, with screenshots and links.
  • Details of how you currently use or license the work.

Common Questions

No. Copyright arises automatically. The exception is cinematograph films, which can be registered under separate legislation. What matters is keeping good records that show when and by whom the work was created.
For literary, musical and artistic works it generally lasts for the life of the author plus 50 years. Other categories, such as sound recordings, films and computer programs, have their own periods, usually 50 years from a defined starting point.
Not necessarily. Unless there is a written, signed assignment, the designer may still own the copyright. We recommend getting an assignment for every logo, website and app you commission.
Yes. Computer programs are a specific category of work under the Copyright Act. The code is protected, but the underlying functionality and ideas generally are not, so contracts and confidentiality are also important.
Usually not without permission. Most images online are protected by copyright, even if no notice is shown. Use licensed stock images, your own content or images whose licence clearly allows your use.

PROTECTING YOUR CREATIVE WORK?

We help businesses secure ownership of their content and code, license it properly and stop copying.

Read more: Intellectual property · Trade mark registration · IP licensing agreements

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This page is general information and not legal advice.

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