Copyright Amendment Draft Bill

The Department of Trade and Industry having obtained Cabinet approval, has published the Copyright Amendment Bill for broader public comments.

Bill seeks to amend the Copyright Act 98 of 1978, so as to:
▪ amend certain definitions; to allow for the reproduction of copyright work;
▪ provide for the protection of copyright in craft work;
▪ provide for the accreditation and registration of Collecting Societies;
▪ provide for the procedure for settlement of royalties disputes;
▪ allow fair use of copyright work;
▪ provide for access to copyright works for a person with disabilities;
▪ provide for the protection of ownership of orphan works by the state;
▪ provide for the establishment of Intellectual Property Tribunal;
▪ provide for the appointment of members of the Intellectual Property Tribunal;
▪ provide for the powers and functions of the Intellectual Property Tribunal;
▪ provide for protection of performers’ moral and economic rights;
▪ provide for the protection of rights of producers of phonograms;
▪ provide for prohibited conducts in respect technological protection measure;
▪ provide for prohibited conduct in respect of copyright management information;
▪ provide for management of digital rights;
▪ provide for the promotion of broadcasting of local content;
▪ provide for certain new offences.

Comments can be emailed to Meshendri Padayachy at [email protected] by no later than Thursday, 27 August 2015.