ATC181017: Interim report of the Portfolio Committee on Trade and Industry in terms of National Assembly Rule 286(4)(c), on the Performers’ Protection Amendment Bill [B 24-2016] (National Assembly – sec 75), dated 17 October 2018

Trade, Industry and Competition

Interim report of the Portfolio Committee on Trade and Industry in terms of National Assembly Rule 286(4)(c), on the Performers’ Protection Amendment Bill [B 24-2016] (National Assembly – sec 75), dated 17 October 2018
 

 

The Portfolio Committee on Trade and Industry (the Committee), having considered the subject of the Performers’ Protection Amendment Bill [B 24-2016] (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 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.

 

Consequently, the committee intends going beyond amending the sections in the Act, as envisaged in the Performers’ Protection Amendment Bill [B 24-2016].

 

 

The additional sections to be considered are as follows:

 

• Section 8D dealing with regulations and guidelines.
• Section 9 dealing with offences and penalties.
• Clause 9 dealing with amendment of certain expressions in Act 11 of 1967.
• Clause 10 dealing with transitional provisions.

 

Assembly Rule 284(4)(c) provides that a committee may, if it is considering a Bill that amends provisions of the legislation, seek the permission of the National Assembly to inquire into amending other provisions of that legislation.

 

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 Performers’ Protection Act (No. 11 of 1967).

 

Report to be considered.