In terms of the Copyright Act, the ownership of copyright in a work product which an employee created during the course and within the scope of his / her employment remains with the employer.

However this did not stop a former Vodacom Employee Mr N. Makate to bring a claim against Vodacom for R 6 billion, claiming that he invented the “Please Call Me” service, and alleging  that a verbal agreement existed between him and the Executive of Product Development.  In turn for the idea, the Executive would facilitate talks of compensation between, Mr Makate and Vodacom , this despite the fact that Vodacom does not compensate staff for ideas, above normal remuneration.  (Courtesy of Business Report)

Mr Makate was not successful, however this did not stop him from bringing this claim, his legal team has indicated that they will pursue this further.

This amplifies the importance for Copyright and Intellectual Property Right clauses, within the Employment Contract.   In essence the  Employee should agree to recognizing the Employers right to intellectual property, and that he / she will respect and recognize the copyright of any  document , process , product or patent  that was produced by the Employer or by the Employee in the course of his / her duties.