Media 24 Books (Pty) Ltd v Oxford University Press Southern Africa (Pty) Ltd

Media24 Books, the publisher of the Pharos Aanleerderswoordeboek, alleged that Oxford University Press Southern Africa had infringed its copyright by copying substantial parts of its earlier bilingual Afrikaans–English learner’s dictionary when compiling the Oxford Afrikaans-Engels/English-Afrikaans Skool Woordeboek. The alleged copying concerned similarities in headwords, ordering of meanings, and particularly example sentences illustrating word usage. Media24 relied on expert evidence identifying correspondences between example sentences in the two dictionaries, contending that the similarities were too extensive to be coincidental. OUP denied copying and explained its independent lexicographical methods, asserting that similarities were inevitable in learner dictionaries with limited vocabularies aimed at similar audiences. The High Court dismissed Media24’s application, and Media24 appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case is a leading South African authority on copyright infringement in functional literary works such as dictionaries. It clarifies that similarity in such works, even when statistically notable, does not necessarily establish copying, and underscores the importance of proof of causal connection and independent creation. The judgment is significant for publishers and authors in understanding the limits of copyright protection where expression is constrained by function.