Intellectual Property Rights in the Entertainment Industry
11/04/2011

The second annual MTN Radio Awards (depicted below) was held at Sandton Convention Centre on Saturday 9 April 2011. It recognises the talented individuals involved in South African radio and reminds us of the importance of radio in the music industry. Radio in the commercial broadcast form has been around since about 1920 and despite the evolution of social networking in the form of FACEBOOK; TWITTER; etc, radio maintains its pivotal role in society.

The radio stations and their presenters are the owners/authors of a wealth of intellectual property, which they are entitled to protect in terms of the Copyright Act and the Performers’ Protection Act. In terms of the Copyright Act, a radio broadcast enjoys copyright protection automatically and the owner is entitled to prevent the reproduction thereof. Provided the South African radio broadcast is live, it will also enjoy protection against reproduction in terms of the Performers’ Protection Act.

Although the personality rights of presenters/entertainers are protected in terms of common law in South Africa, it is advisable that they register their names as trade marks because registered trade marks are easier to enforce and protect. A trade mark is registered in respect of goods or services for which it is being, or intended to be, used. It is possible to register the name of a celebrity in respect of entertainment services. Once the trade mark is registered, any unauthorised use of the trade mark can amount to trade mark infringement, if the requirements specified in the Trade Marks Act are present.

False endorsement by a celebrity is a prevalent problem in the entertainment industry that can be addressed by way of trade mark infringement proceedings, provided that the trade mark is registered.
It is also recommended that celebrities register their names as domain names. The unauthorised registration of celebrity names by cyber-squatters is rife worldwide. However, it is possible to file a domain name complaint and take transfer of a domain name.

Adams & Adams law firm, which has been specialising in intellectual property law for over a 100 years, has a specific team that aims to assist the entertainment industry. Should you require further information regarding registration and enforcement of the intellectual property rights, please do not hesitate to contact us (mariette@adamsadams.co.za). The team includes Mariëtte Du Plessis, Nolo Khechane, Jenny Pienaar, Somayya Khan, Pearl Mathibela, Nishan Singh, Danie Strachan and Nicolette Biggar.


Anele Mdoda (MC of the event and radio personality) with Nicolette Biggar and Nishan Singh of Adams & Adams


David O’ Sullivan (Talk Radio 702) and Robert Marawa (Metro FM) with Nicolette Biggar and Nishan Singh of Adams & Adams

Jeremy Mansfield (MC of the event and radio personality) with Nishan Singh of Adams & Adams