Tellytrack v Marshalls World of Sport (Pty) Ltd and Others

Tellytrack, a partnership of licensed South African racecourse operators, produces and supplies a television channel (DSTV channel 239) broadcasting domestic and international horse racing. It receives raw race feeds, enhances them with graphics and betting information, and transmits the resulting ‘dirty feed’ to Multichoice for broadcast. Bookmakers, including the respondents, historically paid subscription fees to display the channel publicly at their betting shops. After negotiations over increased fees failed in 2013, the respondents stopped paying but continued to allow the public to view channel 239 at their business premises. Tellytrack alleged that this public viewing infringed its copyright in the cinematograph films (raw feeds and enhanced feeds), sound recordings and computer-generated works, and sought an interdict and damages.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order interdicting the respondents from infringing Tellytrack’s copyright by causing the films to be seen in public. An enquiry into damages or, alternatively, a reasonable royalty was ordered, and the respondents were directed to pay costs jointly and severally, including the costs of two counsel.

The case clarifies the scope of copyright protection for live and near-live broadcasts in South Africa, confirming that simultaneous recording and broadcasting does not preclude the existence of a cinematograph film. It affirms that public display of subscription television content at commercial premises can constitute copyright infringement and reinforces a technologically flexible interpretation of the Copyright Act.