Gauteng Copyright Amendment Bill & Performers Protection Amendment Bill

The Portfolio Committee on Economic Development calls for written submissions on the Copyright Amendment Bill [B13D – 2017] and Performers’ Protection Amendment Bill [B24D-2016].

COPYRIGHT AMENDMENT BILL [B 13D – 2017]

The Bill seeks to amend the Copyright Act, 1978, so as to define certain words and expressions; to allow for the reproduction of copyright work; to provide for the protection of copyright in artistic work; to provide for the accreditation and registration of Collecting Societies; to provide for the procedure for settlement of royalties disputes; to allow fair use of copyright work; to provide for access to copyright works by persons with disabilities; to provide for the protection of authorship of orphan works by the State; to provide for the establishment of the Intellectual Property Tribunal; to provide for the appointment of members of the Intellectual Property Tribunal; to provide for the powers and functions of the Intellectual Property Tribunal; to provide for prohibited conduct in respect of technological protection measures; to provide for prohibited conduct in respect of copyright management information; to provide for management of digital rights; to provide for certain new offences; and to provide for matters connected therewith.

PERFORMERS PROTECTION AMENDMENT BILL [B 24D – 2016]

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

Interested persons and organisations are invited to submit written comments on the Bill via email to senior Committee coordinator Mr Skosana [email protected] by no later than 6 April 2023.

For additional information, please contact the Public Participation Officer, Mr Ben Dhlomo on 0795229131 or [email protected], Committee Administrator Ms Victoria Mokubetsi on 0798972366 or [email protected] and the Senior Committee Coordinator Mr Thabo Skosana on 0829677478 or [email protected]

Track the Copyright Amendment Bill here

Track the Performers Protection Amendment Bill here

How to write a submission