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Does Moeng's claims over Somizi's TV show tick the copyright infringement box?

16 September 2020 1:49 PM
Tags:
Somizi Mhlongo
copyright infringement
dinner at somizi's

Independent advocate specialising in media, international and constitutional law Ben Winks unpacks copyright protection.

There is a storm raging around media personality Somizi Mhlongo-Motaung's television reality show Dinner At Somizi's. This is after producer Hastings Moeng says the concept for that show is his and that he pitched the idea to Mhlongo-Motaung in an email in 2014.

Moeng is now demanding an apology and has sent a lawyer's letter citing that his intellectual property is used without his consent and wants a negotiated share of the royalties that have been earned.

Mandy Wiener on the Midday Report chats to independent advocate specialising in media, international and constitutional law Ben Winks to weigh in on the matter.

An idea on its own doesn't attract copyright protection. Just because you thought of something, wrote it down or sent someone a message doesn't attract copyright protection.

Ben Winks, Advocate - Media, international and constitutional law

Only literary work attracts copyright protection, he says.

However, if you develop a more sophisticated concept, write out a synopsis or a story board, that work can attract copyright protection. The adaptation of that work into a TV show could constitute copyright infringement.

Ben Winks, Advocate - Media, international and constitutional law

Listen below to the full conversation:


16 September 2020 1:49 PM
Tags:
Somizi Mhlongo
copyright infringement
dinner at somizi's

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