[16 June 2020] The President of the Republic has returned the Copyright Amendment Bill [B13B-2017] and the Performers’
Protection Amendment Bill [B24B-2016] to the National Assembly for consideration of the President’s reservations about their constitutionality.
[10 August 2015] The Department of Trade and Industry has published the Copyright Amendment Bill 2015 for public comment.
Comments are due by 27 August 2015, and should be emailed to Meshendri Padayachy at MPadayachy@thdti.gov.za.
The stated objective of the Bill is to amend the Copyright Act 98 of 1978, so as to:
▪ amend certain definitions; to allow for the reproduction of copyright work;
▪ provide for the protection of copyright in craft work;
▪ provide for the accreditation and registration of Collecting Societies;
▪ provide for the procedure for settlement of royalties disputes;
▪ allow fair use of copyright work;
▪ provide for access to copyright works for a person with disabilities;
▪ provide for the protection of ownership of orphan works by the state;
▪ provide for the establishment of Intellectual Property Tribunal;
▪ provide for the appointment of members of the Intellectual Property Tribunal;
▪ provide for the powers and functions of the Intellectual Property Tribunal;
▪ provide for protection of performers’ moral and economic rights;
▪ provide for the protection of rights of producers of phonograms;
▪ provide for prohibited conducts in respect technological protection measure;
▪ provide for prohibited conduct in respect of copyright management information;
▪ provide for management of digital rights;
▪ provide for the promotion of broadcasting of local content;
▪ provide for certain new offences.:
Initial reaction to the bill from intellectual property experts has been largely negative. For our purposes there is a degree of relief that no “three strikes” type approach has been proposed and the Bill generally steers away from dealing with ISPs.