Jacana Education (Pty) Ltd v Frandsen Publishers (Pty) Ltd 1998 (2) SA 965 (SCA)

Jacana Education (Pty) Ltd v Frandsen Publishers (Pty) Ltd 1998 (2) SA 965 (SCA)

Facts

Jacana Education (Pty) Ltd (Jacana) and Frandsen Publishers (Pty) Ltd (Frandsen) were both South African publishers. Jacana published a map of the Kruger National Park, while Frandsen published a similar map. Jacana claimed that Frandsen had infringed its copyright in its map. Frandsen denied copyright infringement.

Issues

The main issue in the case was whether Frandsen had infringed Jacana's copyright in its map.

Reasons

The Supreme Court of Appeal (SCA) held that Frandsen had not infringed Jacana's copyright in its map. The court reasoned that Jacana's map was not original and that there were too many differences between the two maps to constitute copyright infringement.

Originality

The SCA explained that copyright protects original works. A work is original if it is the result of the author's skill and labor and is not a mere copy of another work. The court found that Jacana's map was not original because it was based on existing maps of the Kruger National Park.

Differences between the two maps

The SCA also found that there were too many differences between the two maps to constitute copyright infringement. The court reasoned that the two maps had different layouts, different scales, and different symbols.

Conclusion

The SCA dismissed Jacana's appeal.

Summary

The case of Jacana Education (Pty) Ltd v Frandsen Publishers (Pty) Ltd (1998 (2) SA 965 (SCA)) is a landmark case in South African copyright law. The case is particularly important for its analysis of the following issues:

• The concept of originality in copyright law; and
• The scope of copyright protection.

The SCA's decision that Jacana's map was not original is significant because it confirms that copyright does not protect works that are based on existing works. The SCA's decision that there were too many differences between the two maps to constitute copyright infringement is also significant because it confirms that copyright infringement does not occur simply because one work is similar to another work.