- A global network of writers' organizations is calling on Congress not to adopt the copyright reform bill.
- The bill, which was initially vetoed by the president nearly four years ago, is scheduled to be reconsidered by Congress this week.
- However, there remain concerns that if this becomes law, it will have a negative impact on South Africa's creative community.
- For more financial news, visit: News24 Business Top Page.
A global network of more than five million creators has implored South African parliamentarians not to adopt controversial copyright reform legislation.
Gadi Oron, general secretary of the International Federation of Writers and Composers Associations, known as CISAC, opposed the bill in a statement on Saturday, warning that it would harm South Africa's creative community.
The bill and the Portfolio Committee on Trade, Industry and Competition's report will be debated in Parliament on Thursday.
The National Council of States adopted the bill in September 2023.
However, CISAC, the world's leading network of authors' associations, is urging Congress not to adopt the copyright reform bill.
CISAC is the world's leading network of author associations, with more than 225 member associations in more than 116 countries. Björn Ulvaeus, singer-songwriter and co-founder of ABBA, is the president of CISAC.
“If passed, this bill will harm South Africa's creative community, devalue the work of creators and depart from international best practice,” Oron said.
The bill has also been opposed by local artists' associations, including groups affiliated with the South African Copyright Union, which has been campaigning for a redraft of the bill, which was first introduced in 2017.
CISAC argues that the bill weakens copyright, which is “the basis of creators' economic sustenance.” Oron said it would have a negative impact not only on the lives of people working in the creative industries, but also on the lives of the next generation of creators.
Key amendments in the bill include providing access to copyrighted works for people with disabilities, including converting books to formats such as Braille that are accessible to people who are visually impaired. will appear.
The bill is also based on the “fair use doctrine,” which allows the free use of copyrighted works in certain situations, such as research and education. News24 previously reported that companies like Google support the fair use doctrine.
The bill introduces digital copyright protection, provides for “equitable remuneration” or the distribution of royalties for literary, musical, artistic, audiovisual and other works, and also allows for the resale of royalties. . It also describes limitations and exceptions to the reproduction of copyrighted works.
But the bill falls short in several ways, Oron said, noting that it has an “unlimited list” of copyright exceptions.
“An undue emphasis on exceptions rather than creators’ rights is not a natural feature of new copyright law. Cut it open,” Oron said.
He also said that the “fair use” doctrine is a “lose-lose” situation for both creators and users, and will only lead to market uncertainty and “expensive and wasteful” litigation.
“The democratization of information and education is an important goal, but it should not come at the expense of South Africa's poets, composers, culture and creativity,” Oron said.
Mr. Oron added:
Finally, South African creators are entitled to the same level of protection as creators overseas. This will not be the case if the new bill is adopted. On the contrary, South Africa's bill deviates from international standards due to its wide range of exceptions and lack of precision. For this reason, CISAC has repeatedly called on the government to change course.
CISAC argued that the bill's intent was to protect creators, but it failed to do so.
Oron emphasized, “I urge the National Assembly to reconsider and not adopt the current bill.''
Similarly, in April 2023, an attorney with the law firm Weber Wentzel warned that the bill seeks to give creators more rights, but would unintentionally limit their rights.
The bill would restrict creators from signing deals with companies on “commercially advantageous” terms, write Carla Collette and Joshua Leroni of Weber Wenzel.
“What the bill does not take into account is that companies would simply relocate their operations and investments to the country with the greatest competitive advantage in copyright protection,” they said. “…creatives across all industries in South Africa will struggle to find partners willing to commercialize their work.”
This will ultimately hurt economic growth.
Lawyers at Adams & Adams echoed the view that the bill would have a negative impact on investment in South Africa. “that [the bill] It also contains provisions that significantly restrict contractual freedoms, making South Africa a viable international destination for large-scale creative content production projects, including software, games, music, advertising, film and television production projects. It may no longer be considered that way.” The company issued a warning last October.
Meanwhile, a petition has been launched by several writers' associations, including PEN South Africa, the Academic Nonfiction Writers Association of South Africa (ANFASA), PEN Afrikaans and the South African Publishers Association. They are asking Congress to reject the bill.
The association has expressed concern that the bill's proposed “fair use copyright exception” would weaken copyright protection. “This bill would deprive local creators of existing rights and revenue streams,” the petition reads.
The association also warns that if the bill becomes law, the local book industry is projected to see a 33% drop in book sales and a 30% drop in employment. “Copyright law is supposed to strike a fair balance, and this bill does not. It will cause lasting harm to the very people it claims to protect,” the petition reads.
Read | Party committee accused of trying to rush passage of 'flawed' copyright bill for political reasons
The Performers Protection Amendment Bill, which has also angered those in the creative industry, is also scheduled to be debated in parliament on Thursday.
President Cyril Ramaphosa referred both the Copyright Amendment Bill and the Performers Protection Amendment Bill to Parliament for reconsideration in June 2020 due to concerns about their constitutionality.
The President also expressed concern that the bill was incorrectly tagged as Section 75, which does not affect states. These bills had to be retagged as Article 76 bills, which affect not only local areas but also cultural issues and the copyright trade.
In its report on the President's reservations to the Copyright Amendment Bill, the Portfolio Committee noted various changes, including re-tagging the bill as Section 76 Bill.
However, the Democratic Alliance, Freedom Front Plus and the African Christian Democratic Party indicated they would not support this version of the bill, citing an insufficient consultation process and other concerns related to the economic rights of artists and performers.
The committee still recommends adoption by the Diet.
