25/05/2026
You created something. Does copyright actually protect it?
Most business owners assume the answer is yes. Sometimes they're right. Often, they're surprised.
In South Africa, copyright generally vests automatically, but that doesn't mean it applies to everything you create. Before it protects you, your work has to pass through five distinct legal "gates." Miss any one of them, and you have no copyright, regardless of how much time, money or creativity you invested.
In his latest article, Ryan Tucker, Head of our IP & Commercial Department, unpacks each of those gates in plain language: from the de minimis filter that screens out trivialities, to what "original" actually means in South African law (hint: it has nothing to do with novelty). He draws on leading cases like Haupt, Moneyweb and Accesso to show how courts apply these tests to everyday business assets: pitch decks, software code, engineering drawings, website content, product videos and more.
Whether you are building a product, creating content or simply wondering whether your business's creative output is legally yours, this article gives you a practical framework to find out.
Read the full article below.
If you have questions about your IP position or want to understand what copyright does and does not cover for your specific business, reach out to Ryan directly at [email protected].
The first conversation with Ryan costs you nothing — the wrong assumption could cost you far more.
Disclaimer: Computer-assisted drafting tools were used in preparing this article. All content was reviewed and independently verified by the author. This article is intended as general information only and does not constitute legal advice. Readers should seek professional legal representation in respect of their specific circumstances.
What can and cannot be protected under copyright law in South Africa? By Ryan Tucker, Senior Associate, Head of the IP & Commercial Department Clients often ask me a deceptively simple question: “Is this [referring to something they have created] protected by copyright?” In South Africa, the ans...
