Copyright Amendment Bill under the spotlight
26 Jan 2022
Comment on additional definitions and clauses in relation to the Copyright Amendment Bill has been extended.
The portfolio committee on trade and industry called for comment on the proposed additional amendments in December 2021.
In a notice, the portfolio committee on trade and industry points out that, based on inputs received, it plans going beyond amending the sections in the act as contained in the bill and introducing substantive amendments to existing clauses.
The committee had, in June 2021, called for comment on clause 13 (sections 12A, 12B, 12C and 12D), clause 19 (section 19B) and clause 20 (section 19C) of the bill.
The bill was passed by parliament and sent to the president for assent in March 2019.
The bill was tabled in parliament in May 2017.
It aims to amend the Copyright Act of 1978 so as to:
- define certain words and expressions;
- allow for further limitations and exceptions regarding the reproduction of copyright works;
- provide for the sharing of royalties in copyright works;
- provide for the payment of royalties in respect of literary, musical, artistic and audiovisual works;
- provide for resale royalty rights;
- provide for recordal and reporting of certain acts;
- provide for the accreditation of collecting societies;
- provide for a mechanism for settlement of disputes;
- provide for access to copyright works by persons with disabilities;
- provide for the licensing of orphan works;
- strengthen the powers and functions of the Copyright Tribunal;
- provide for prohibited conduct in respect of technological protection measures;
- provide for prohibited conduct in respect of copyright management information;
- provide for protection of digital rights;
- provide for certain new offences; and
- provide for matters connected therewith.
In 2020, the bill was returned to parliament for consideration of president Ramaphosa’s reservations about its constitutionality.
Comment is sought on new definitions “authorised entity”; “broadcast” and “lawfully acquired”.
A new clause is proposed amending sections 11A and 11B making the new exclusive rights of ‘communication to the public’, ‘making available’ and ‘distribution’ applicable to published editions and computer programmes.
A new paragraph (d) is proposed for section 12A making the four factors in paragraph (b) applicable to exceptions in sections 12B, 12C, 12D, 19B and 19C.
Amendments are also proposed to section 12B with a new 12B 1(c), a new subsection (2) to section 12C and new subsections to section 12D.
A new subsection (2) is proposed for section 39 requiring the minister to make regulations providing for processes and formalities related to the authorisation or recognition of an “authorised entity”.
Comment is now invited until 28 January 2022.
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