South Africa Publishes Copyright Amendment Draft Bill 2015 for Public Comment

south africa government website draft copyright amendment bill july 2015

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provisions of the Copyright Act, No 98 of 1978 and the Performers Protection Act, No 11 of 1967, which are viewed as outdated in light of developments at the international level in particular with regard to the digital environment.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.

Advertisements

2 thoughts on “South Africa Publishes Copyright Amendment Draft Bill 2015 for Public Comment

  1. One knows that RSA has its problems, but it was a shock to read something so incomprehensible as this draft.

    Section 12A(8):

    Encryption of computer-generated data is allowed to an extent that it is necessary to decrypt data in a protected state without resulting into incrimination.

    Section 20C(5) :

    A person who intend (sic) to –

    (a) broadcast or communicate an unfixed performance or performance fixed in audio-visual fixation of a performer to the public must –

    (i) make a fixation of the unfixed performance or performance fixed in audio-visual fixation of a performer; [etc].

    And it is to be a criminal offense punishable with 10 years’ imprisonment unreasonably to license a copyright work to someone for purposes of reproduction?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s