Performers’ Protection Amendment Bill [B24B - 2016].

The Select Committee on Trade and International Relations invites you to submit written comments on the Performers’ Protection Amendment Bill [B24B - 2016].

The Bill seeks to amend the Performers’ Protection Act, 1967, so as to:
▪ insert, delete or substitute certain definitions;
▪ provide for performers’ economic rights;
▪ extend moral rights to performers in audiovisual fixations;
▪ provide for the transfer of rights where a performer consents to fixation of a performance;
▪ provide for the protection of rights of producers of sound recordings;
▪ broaden the restrictions on the use of performances;
▪ extend the application of restrictions on the use of performances to audiovisual fixations;
▪ provide for royalties or equitable remuneration to be payable when a performance is sold or rented out;
▪ provide for recordal and reporting of certain acts and to provide for an offence in relation thereto;
▪ extend exceptions from prohibitions to audiovisual fixation and sound recordings and include exceptions provided for in the Copyright Act, 1978;
▪ provide for the Minister to prescribe compulsory and standard contractual terms as well as guidelines for a performer to grant consent under this Act;
▪ provide for prohibited conduct and exceptions in respect of technological protection measures and copyright management information respectively;
▪ provide for further offences and penalties; to substitute certain expressions;
▪ provide for transitional provisions.

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 presentation 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 22 February 2019.


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

Background
The draft Performers’Protection Amendment Bill (‘‘the Bill’’) seeks to amend the Performers’ Protection Act, No. 11 of 1967 (‘‘the principal Act’’). It addresses issues relating to the payment of royalties to performers; safeguarding the rights of contracting parties; promotes performers’ moral and economic rights for performances in audiovisual fixations or sound recordings. Thus, the proposed provisions in the Bill are strategically aligned with the priorities outlined in the National Development Plan (‘‘NDP’’), with the aim of ensuring effective governance, social protection, employment creation, recreation and leisure. The Bill’s proposals are premised partly on the World Intellectual Property Organisation (‘‘WIPO’’) treaties such as The Beijing Treaty for the protection of Audio Visual Performances and the Performers and Phonograms Treaty.