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  The Elon Musk Tweet As most entrepreneurs and business owners the world-over know, Elon Musk is the CEO and, until recently, chairman of the board of Tesla. In these positions, whenever Elon speaks or writes, it has a profound affect not only on the reputation but also on the share price of Tesla. Knowing this, I was stunned whenRead more

By: Sean Bosse The Cost of Litigation The very nature of business and our commercial interactions with each other means that the ground is always fertile for disputes to arise. In cases of dispute that cannot be resolved between the parties on an amicable basis, either one or both parties may proceed to have the dispute referred to court forRead more

By: Sean Bosse In a recent commercial dispute, our client stared down a demand from her ex- franchisor to stop trading in her new business that was deemed to be the same or similar to the one she had operated under license from the ex-franchisor. The franchise agreement had a rather clumsily drafted restraint of trade clause incorporated therein whichRead more

By: Sean Bosse Taking products to market for sale to the end consumers usually entails a supplier engaging with a distributor or an agent in the supply chain. Broadly observed, the distributor and agent would appear to be one and the same thing except for the obvious difference in the names. This broad observance has, however, caught many a supplierRead more

Do i need an entertainment lawyer? You are a local movie producer. You receive a "contract of intent" from a foreign-based film production company wanting you to act as its South African producer for the filming of its SA segment of the movie. Agreements are submitted to you that speak of several contractually binding clauses governed by numerous foreign lawsRead more

You want to be in a movie? (sign a release!) By Sean Bosse Bosse & Associates Attorneys (Cape Town) Tel: +27 21 556-9451 E-mail: sean@bosse-associates.co.za There is an old saying that goes, “everybody wants to be in the movies!” Ask any person on the street if he or she wants to be in a movie and you will get moreRead more

Entertainment Law - Liability Of Company Directors INTRODUCTION The new Companies Act (Act 71 of 2008) has introduced a strict regime on all directors of companies in the execution of their duties and irrespective whether such directors are employed by a private or listed company. The extent of the liability that a director faces is also not limited to so-calledRead more

Protecting The Image Rights Of Our Sport Stars South Africa's march from amateur to professional sports in certain athletic disciplines has seen sports branded merchandising, athlete endorsements and corporate sponsorships become big business today. In particular, the commercial exploitation of an athlete's image to promote and sell anything from branded clothing to luxury investment properties on golfing estates is fastRead more

“I have an option”-What the law says! By Sean Bosse Bosse & Associates Attorneys (Cape Town) Tel: +27 21 556-9451 E-mail: sean@bosse-associates.co.za In recent years, we have come to observe that many entertainment (commercial) agreements that purport to be “option” agreements are, by their very legal nature, in fact “rights of first refusal” contracts. While we have yet to litigateRead more

Stealing stories: How to protect yourself How can writers protect themselves from story theft and what legal remedies are at hand to assist them in preventing such story theft? The first part of this article will look at how a writer can protect his story using the law of contract and, in a future article, I will look at howRead more