ATC180905: Interim report of the Portfolio Committee on Trade and Industry in terms of National Assembly Rule 286(4)(c), on the Copyright Amendment Bill [B 13-2017] (National Assembly – sec 75), dated 5 September 2018

Trade and Industry

Interim report of the Portfolio Committee on Trade and Industry in terms of National Assembly Rule 286(4)(c), on the Copyright Amendment Bill [B 13-2017] (National Assembly – sec 75), dated 5 September 2018
 

The Portfolio Committee on Trade and Industry (the Committee), having considered the subject of the Copyright Amendment Bill [B 13-2017] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports as follows:

 

The Bill seeks to amend the Copyright Act (No. 78 of 1978) (the Act), 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.

 

After having considered submissions made by the public, the Department and other Departments, the committee intends amending sections in the Act, other than those envisaged in the Copyright Amendment Bill [B 13-2017].

 

The additional sections to be considered are as follows:

 

  • Sections 1 dealing with definitions;
  • Section 6 dealing with the nature of copyright in literary or musical works;
  • Section 7 dealing with the nature of copyright in artistic works;
  • Section 7B dealing with resale royalty rights;
  • Section 8 dealing with the nature of copyright in cinematograph films;
  • Section 9 dealing with the nature of copyright in sound recordings;
  • Section 9A dealing with royalties;
  • Section 12 dealing with general exceptions from protection of literary and musical works;
  • Section 13 dealing with general exceptions in respect of reproduction of works;
  • Section 15 to deal with panorama rights;
  • Section 21 dealing with copyright ownership;
  • Section 22B, 22C and 22D dealing with Collecting Societies;
  • Section 27 dealing with penalties and proceedings in respect of dealings which infringe copyright;
  • Section 29 dealing with the establishment of Copyright Tribunal.

 

Consideration of the above sections should not prevent the committee from adding new clauses to the Bill.

 

Assembly Rule 286(4)(c) provides that a committee must, if it is considering a Bill that amends provisions of legislation, and it intends to propose amendments to other provisions of that legislation, seek the permission of the Assembly to do so.

 

RECOMMENDATION

 

The Committee recommends that the National Assembly grants permission in terms of Assembly Rule 286(4)(c) for it to amend other provisions of the Copyright Act (No. 78 of 1978).

 

Report to be considered.

 

 

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