Copyright Amendment Bill: additional amendments

The Portfolio Committee on Trade and Industry invites stakeholders and interested parties to submit written submissions on additional definitions and clauses in relation to the Copyright Amendment Bill [B13B-2017].

The proposed amendments can be viewed here

All Proposed Amendments can be viewed here

Comments can be sent to the committee secretaries, via email at [email protected] or [email protected] by 12:00 on Friday, 28 January 2022. The original deadline for comment was 21 January 2022

The National Assembly granted permission to the Portfolio Committee on Trade, Industry & Competition on 1 December 2021 to inquire into amending other provisions of the Copyright Act. (Committee Report)

The Committee had initially called for submissions in response to the President’s reservations with respect to the Copyright Amendment Bill. Based on the inputs received, the Committee intends going beyond amending the sections in the Act, as envisaged in the Copyright Amendment Bill [B 13B-2017], as well as substantive amendments to existing clauses. Therefore, the Committee is re-advertising the relevant clauses and calling for further submissions in this regard.

The additional provisions to be considered are as follows:

• New definitions: “authorized entity”; “broadcast”; and “lawfully acquired”.
• Clause 1(i): The definition of “technological protection measure” due to the inclusion of “product” and “design” and the deletion of paragraph (b)
• The amended definition of “technological protection measure circumvention device or service”.
• New clause: Amendments to sections 11A and 11B: Making the new exclusive rights of ‘communication to the public’, ‘making available’ and ‘distribution’ applicable to published editions and computer programmes.
• Clause 13: Section 12A(d): New paragraph (d) making the four factors in paragraph (b) applicable to exceptions in sections 12B, 12C, 12D, 19B and 19C • Section 12B(1)(c) and new 12B(2) providing for new provisions related to ephemeral rights
• Section 12B(3)(b) providing for the factors related to the exception for personal copies to not apply to any other exception that permits a copy to be made
• Sections 12C(2) and 12D(1)(b), (c) and (d): Adding the wording of the three step test as additional factors against which the exceptions must be tested.
• Clause 20: Section 19C(4): The words “commercial purpose” are deleted as it is duplicating subsection (1), however removing only those words provides a different meaning to the wording of subsection (4);
• Section 19D(3) and (4)(b) incorporating treaty wording in respect of importing or exporting accessible format copies.
• Clause 27: Section 27(5A), (5B) and (5C): New subsection (5A) and (5C), and amended subsection (5B) providing for offenses in respect of digital rights, technological protection measures, and copyright management information.
• Clause 33: Section 39(2): New subsection (2) requiring the Minister to make regulations providing for processes and formalities related to the authorization or recognition of an “authorized entity”.
   

Please note that submissions must be limited to the abovementioned clauses in addressing the President’s reservations, and issues raised beyond this cannot, in accordance with the Joint Rules of Parliament, be considered by the Portfolio Committee.

Kindly direct all enquiries to the Secretariat.

CS: Andre Hermans l Email: [email protected] l 083 709 8482

CS: Tenda Madima l Email: [email protected] l 083 709 8419
 

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Stakeholder Submissions
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