South Africa Publishes Copyright Amendment Draft Bill 2015 for Public Comment

South Africa’s Department of Trade and Industry has published a draft Copyright Amendment Bill for public comments within 30 calendar days from July 27, 2015. The Draft Amendments addresses key provisions of the Copyright Act, No 98 of 1978 and the Performers Protection Act, No 11 of 1967, which are viewed as outdated in light of developments at the international level in particular with regard to the digital environment. A copy of the Draft Bill is available here.

The Preamble of the Draft Bill provides a list of the proposals to revamp South Africa’s Copyright Act 98 of 1978 such as: to provide for the protection of copyright in craft work; to provide for the accreditation and registration of Collecting Societies; to provide for the procedure for settlement of royalties disputes; to provide for access to copyright works for a person with disabilities; to provide for the protection of ownership of orphan works by the state; to provide for the establishment, appointment, powers and functions of Intellectual Property Tribunal.

In addition, the amendments seek to provide for protection of performers’ moral and economic rights; to provide for the protection of rights of producers of phonograms; to provide for prohibited conducts in respect technological protection measure; to provide for prohibited conduct in respect of copyright management information; provide for management of digital rights; to provide for the promotion of broadcasting of local content and to provide for certain new offences such as failure to pay royalties.