Haupt, Anton Charl t/a Softcopy v Brewers Marketing Intelligence (Pty) Ltd and Others

Anton Haupt, trading as Softcopy, claimed copyright in a computer program known as Data Explorer, related sub‑programs (converter and tree preparer), database structures, and various databases compiled from AMPS (All Media Products Survey) data. The program was originally developed while Haupt and Christopher Brewer were employed at Brewer’s Almanac (Pty) Ltd, with programming work done primarily by Byron Coetzee. After Haupt and Brewer parted ways in July 1998, Coetzee continued developing the program for Haupt. Later, Coetzee entered into an agreement with Brewer’s Marketing Intelligence (Pty) Ltd and assisted in developing a competing program, Brewer’s AMPS, supplying converted data, tree files, and portions of source code derived from Data Explorer. Haupt alleged that this conduct infringed his copyright. The Cape High Court dismissed Haupt’s application for an interdict, finding he had not established copyright ownership. Haupt appealed to the Supreme Court of Appeal.

The appeal was upheld. The judgment of the Cape High Court was set aside and replaced with an order granting relief in favour of Haupt, including an interdict against infringement of his copyright (the precise terms to be determined in accordance with the SCA’s findings).

This decision is a leading South African authority on copyright in computer software and databases. It clarifies that correctness is not a requirement for copyright in computer programs, that substantial improvements can themselves be original works, and that database structures are literary works rather than computer programs. It also provides an influential interpretation of ‘computer‑generated’ works in South African copyright law.