Assessing the limitations and exceptions to copyright infringement: South Africa in perspective

Abstract

Flowing from the previous paper¹ this part deals with the South African aspect of the paper and the comparative analysis of both countries. This paper  presents a completion of the comparative examination of the limitations and exceptions to copyright infringement in Nigeria and South Africa with a  focus on South Africa. Copyright law is essential for promoting creativity and innovation, but it also restricts the use of copyrighted works by others.  Therefore, limitations and exceptions to copyright infringement are crucial for balancing the interests of copyright owners and users. This study analyzes  the legal framework for limitations and exceptions to copyright infringement in Nigeria and South Africa, considering their historical development and  current application. The study also identifies similarities and differences in the legal provisions and their interpretation by the courts. The analysis reveals  that both countries have adopted similar limitations and exceptions, such as fair use and educational use, but the scope and interpretation of these  exceptions differ. The paper concludes that the issue of copyright limitation and exception carries a lot of weight; they are necessary in this part of the  world where access to educational material can be a challenge.