Copyright Amendment Bill [B13B - 2017]

The Select Committee on Trade and International Relations invites you to submit written comments on the Copyright Amendment Bill [B13B - 2017].

The Bill seeks to amend the Copyright Act, 1978, so as to:
• define certain words and expressions;
• allow for further limitations and exceptions regarding the reproduction of copyright works;
• provide for the sharing of royalties in copyright works;
• provide for the payment of royalties in respect of literary, musical, artistic and audiovisual works;
• provide for resale royalty rights; to provide for recordal and reporting of certain acts;
• provide for the accreditation of collecting societies;
• provide for a mechanism for settlement of disputes;
• provide for access to copyright works by persons with disabilities;
• provide for the licensing of orphan works;
• strengthen the powers and functions of the Copyright Tribunal;
• provide for prohibited conduct in respect of technological protection measures;
• provide for prohibited conduct in respect of copyright management information;
• provide for protection of digital rights;
• provide for certain new offences.

Comments can be emailed to Mr Hlupheka Mtileni at [email protected] by no later than Friday, 22 February 2019.

In addition to the written comments, please indicate your interest in making a verbal representation to the Committee.

Enquiries can be directed to Mr Hlupheka Mtileni on tel (021) 403 8077 or cell 083 709 8448


The closing date for submissions is end of business day on Friday, 22 February 2019.

Issued by Mr ER Makue, MP, Chairperson: Select Committee on Trade and International Relations

Background
The Copyright Amendment Bill (‘‘the Bill’’) seeks to align copyright with the digital era and developments at a multilateral level. The existing Copyright Act, 1978 (Act No. 98 of 1978) (‘‘the Act’’), is outdated and has not been effective in a number of areas. The creative industry is impacted upon; educators are hampered in carrying out their duties; researchers are restricted to further developing research; and people with disabilities are severely disadvantaged by having limited access to copyright works. For this reason, a need exists for Intellectual Property (‘‘IP’’) legislation to be consonant with the ever evolving digital space; to allow reasonable access to education; to ensure that access to information and resources are available for persons with disabilities; and to ensure that artists do not die as paupers due to ineffective protection. The latter is supported by the experience of the power imbalance, vulnerabilities and abuse taking place in the music industry, which Government was called on to address. The Bill is consistent with the Draft National Policy as commented on and the recommendations of the Copyright Review Commission (‘‘the CRC’’) chaired by retired judge Ian Farlam, and is linked to the National Development Plan (‘‘NDP’’), in that it seeks to ensure consistency and coherence in aligning the approach of various Government Departments to IP matters. The proposed provisions in the Bill are strategically aligned with the treaties that South Africa reviewed, amongst others, the World Intellectual Property Organization (‘‘WIPO’’) digital treaties namely the WIPO Copyright Treaty (‘‘WCT’’) and the WIPO Performance and Phonograms Treaty (‘‘WPPT’’); and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The alignment is for purposes of incorporation of rights under international treaties, ensuring effective governance, social protection, employment creation and reduction of inequalities. The amendment of the Act means that South Africa will be able to accede to international treaties and conventions, which requires domestic legislation to be consistent with international imperatives.