Parliament gives green light to Copyright Amendment Bill

copyright
06 Mar 2024

Parliament has given the green light to the Copyright Amendment Bill and sent it to president Ramaphosa for assent.

The portfolio committee on trade, industry and competition recently gave the thumbs up to amendments proposed by the national council of provinces (NCOP) on the bill.

The NCOP passed the bill and returned it to the national assembly (NA) for concurrence in September 2023.

The NA passed the bill with amendments and sent it to the NCOP for concurrence in September 2022.

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 equitable remuneration or the sharing of royalties in copyright works;
  • provide for the payment of equitable remuneration or 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 a disability;
  • 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.

The bill was passed by parliament and sent to the president for assent in March 2019.

In 2020, the bill was returned to parliament for consideration of president Ramaphosa’s reservations about its constitutionality.

At the beginning of June 2021, the NA recommitted the bill to the committee for consideration.

The committee called for comment on clause 13 (sections 12A, 12B, 12C and 12D), clause 19 (section 19B) and clause 20 (section 19C) of the bill.

In December 2021, comment was sought on new definitions “authorized entity”; “broadcast” and “lawfully acquired”.

A new clause was 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) was proposed for section 12A making the four factors in paragraph (b) applicable to exceptions in sections 12B, 12C, 12D, 19B and 19C.

Amendments were also proposed to section 12B (c), a new subsection (2) to section 12C and new subsections to section 12D.

A new subsection (2) was proposed for section 39 requiring the minister to make regulations providing for processes and formalities related to the authorization or recognition of an “authorized entity”.

The Performers’ Protection Amendment Bill has also been passed by parliament and sent to the president for assent.

The portfolio committee adopted amendments proposed by the NCOP on the bill in November.

The NCOP amended the bill and returned it to the NA for concurrence in September 2023.

The NA gave the green light to the amended bill and sent it to the NCOP for concurrence in September 2022.

The bill was tabled in parliament in December 2016.

It aims to amend the Performers’ Protection Act of 1967 so as to:

  • insert, delete or substitute certain definitions;
  • provide for performers’ economic rights;
  • extend moral rights to performers in audiovisual fixations;
  • provide for the transfer of rights where a performer consents to fixation of a performance;
  • provide for the protection of rights of producers of sound recordings;
  • broaden the restrictions on the use of performances;
  • extend the application of restrictions on the use of performances to audiovisual fixations;
  • provide for royalties or equitable remuneration to be payable when a performance is sold or rented out;
  • provide for recordal and reporting of certain acts and to provide for an offence in relation thereto;
  • extend exceptions from prohibitions to audiovisual fixation and sound recordings and include exceptions provided for in the Copyright Act, 1978;
  • provide for the Minister to prescribe standard elements to be included in agreements as well as guidelines for a performer to grant consent under this Act;
  • provide for prohibited conduct and exceptions in respect of technological protection measures and copyright management information respectively;
  • provide for further offences and penalties;
  • substitute certain expressions;
  • provide for transitional provisions; and
  • provide for matters connected therewith.

The NA passed the bill and sent it to the NCOP for concurrence at the end of 2018.

The bill was passed by parliament and sent to the president for assent in March 2019.

In 2020, the bill was returned to parliament for consideration of president Ramaphosa’s reservations about its constitutionality.

At the beginning of June 2021, the NA recommitted the bill to the committee for consideration.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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