Gallo Africa Limited and Others v Sting Music (Pty) Limited and Others

The appellants, owners or assignees of copyright in the musical work ‘Umoja’, sued the respondents in the South Gauteng High Court for copyright infringement. They alleged infringements both within South Africa (relying on the Copyright Act 98 of 1978) and in 19 foreign countries, relying on the copyright laws of those countries. The respondents raised an exception, contending that South African courts lacked jurisdiction to adjudicate alleged infringements of foreign copyright. The High Court upheld the exception in respect of the foreign copyright claims, and the appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order upholding the exception to the extent that the claims were based on foreign copyright legislation was confirmed.

This judgment is a leading South African authority on jurisdiction in intellectual property matters, confirming that South African courts lack jurisdiction to hear claims for infringement of foreign copyright. It aligns South African law with comparative jurisprudence and firmly establishes the territorial nature of copyright for purposes of private international law.