The Status of Digital Rights Management in South African Law

Abstract

It is justifiable for the holder of copyright to be entitled to its protection and to be granted the exclusive right to profit from their innovation, and this is the basis for the development of laws promoting intellectual property rights. Accordingly, the principle of allowing for copyright protection is more than justifiable. Modern copyright is traditionally defined as the right that a creator has in their literary or artistic works. These types of works include computer programmes, films, books and music. Modern copyright protection finds its origins in the Berne Convention of 1886 which provided authors with a standardised means to control how their works are used, by whom they are used and on what terms they can be used. All countries who are signatories to the Berne Convention, like South Africa, are required to provide its Copyright holders with a minimum degree of protection.