Comment: Additional Clauses in Performers’ Protection Amendment Bill

The Portfolio Committee on Trade and Industry calls for comments on additional clauses in the latest working draft of the Performers’ Protection Amendment Bill. The clauses for which further comments are requested are:

1.  (Clause 1(b)) – The deletion of the definition of “broadcast”.
2. (Clause 1(c)) - The deletion of the definition of “cinematograph film”.
3. (Clause 1(e)) - The deletion of the definition of “fixation”.
4. (Clause 1(f)) - The substitution of the definition of “performance”.
5. (Clause 1(h)) - The new definition of “producer”.
6. (Clause 1(j)) - The new definition of “sound recording”.
7. (Clause 2 – Section 3(4)(a) and (g)) – The provision for royalties or equitable remuneration.
8. (Clause 2 – Section 3(4)(h)) – The distribution right.
9. (Clause 3 – Section 3A(3)(a) and (b)) – The requirement for the agreement to be subject to standard terms and conditions in (a), and minimum content in (b).
10. (Clause 3 – Section 3B(2)) – Making the equal remuneration subject to a contract.
11. (Clause 4 – section 5(a)(vii) – Distribution right.
12. (Clause 4(c) – Section 5(1)(1A) and (1B)) – New process regarding recording and reporting and providing for an offence in this regard.
13. (Clause 6, section 8D(3) and (4) – Regulations.
14. (Clause 7 – Section 8E to 8H) – Prohibited conduct in respect of technological protection measures.
15. Clause 8 – Section 9 Offences.
16. (Clause 9) – Amendment to certain expressions in Act 11 of 1967.
17. (Clause 10) – Transitional provisions.

Interested individuals and groups can forward written submissions on the additional clauses on the Bill by no later than Wednesday, 31 October 2018. The committee will consider these comments during it deliberations on the Bill.

Written submissions should be forwarded to Mr André Hermans and Mr Tenda Madima, Committee Secretaries, via email at [email protected] and [email protected]