This comprehensive legal update covers recent developments across South African law, from pharmaceutical naming regulations and copyright platform liability to VAT amendments affecting insurance and digital services. The collection explores emerging challenges in intellectual property protection, cryptocurrency regulation, and data brokering, while examining how AI and digital transformation are reshaping traditional legal frameworks.
South Africa
Intellectual Property
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A recent court decision has quietly reshaped how copyright works online, and it could affect everything from internet providers to AI tools.
What happened?
In Cox v. Sony Music, the court ruled that simply knowing users are infringing copyright is not enough to make a platform liable. Instead, liability now requires intent – and that can only be shown in two ways:
- Encouraging infringement (inducement)
- Designing a service specifically for infringement (tailored to infringement)
Anything less? Not enough.
Why this matters
For years, copyright owners could rely on a broader test: if a platform knew about infringement and contributed to it, that could be enough. That approach has now been shut down.
This creates a major shift:
- Internet providers are better protected
- Platforms don’t have to act just because they receive notices
- Copyright owners face a much higher burden
And yes – AI is next
AI companies will likely rely on this decision, arguing their tools have many lawful uses and don’t “intend” infringement.
But there’s a key difference:
If a platform is actively generating content in response to prompts, the line between tool and actor becomes much thinner.
The IP takeaway
Intellectual Property law often balances two competing ideas:
- Protecting creators
- Allowing innovation to thrive
This case tilts that balance toward innovation – but it also makes enforcement harder.
Bottom line
Not all involvement equals liability. In IP law, intent is now everything.
Note: This case was decided in the United States and reflects U.S. copyright law. Its principles may not apply directly in South Africa or other jurisdictions.
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