Mpumalanga Copyright Amendment Bill & Performers Protection Amendment Bills

The Portfolio Committee on Premier’s Office; Finance; Economic Development and Tourism and its Chairperson, Hon TM Makaringe, MPL, hereby invite members of the public, interested parties and stakeholders wishing to make comments or inputs, 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 comments on the Bills to [email protected] or on the Legislature WhatsApp number 067 428 3345 on or before Monday, 20 March 2023

For any enquiries, kindly contact Ms Chantell Williams on 013 766 1102 / 071 511 1184.

Public Hearings:

Tuesday, 21 February 2023: Nkangala District: Emalahleni Local Municipality – Banquet Hall (Emalahleni) 09:00 – 13:00

Wednesday, 22 February 2023 Ehlanzeni District: City of Mbombela Local Municipality – Mpumalanga Provincial Legislature, Govan Mbeki Foyer (Mbombela) 09:00 – 13:00

Wednesday, 01 March 2023 Virtual – Microsoft Teams Platform 14:00 – 17:00

Thursday, 16 March 2023 Gert Sibande District: Govan Mbeki Local Municipality – Lillian Ngoyi Municipal Hall (Secunda) 09:00 – 13:00

Track the Copyright Amendment Bill here

Track the Performers Protection Amendment Bill here

How to write a submission