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Last March, the European Commission sent a letter to the South African government warning that its proposed Copyright Amendments Bill carried a “significant legal uncertainty, with negative effects on the South African creative community in general and on foreign investment, including European investment.”

In May, MEP Jiří Pospíšil asked who from the Commission sent the letter and why they did so. He noted that the Bill “was the result of a consultation involving representatives of all sectors of South African society, and it concluded that it was the best option available and that it was expected to bring positive effects for South African society.” He also asked which multinational companies the Commission had communicated with about the Bill. MEP Pospíšil did not receive a response before South African President Cyril Ramaphosa returned the bill to Parliament in July.

Now, the Commissioner Phil Hogan has responded with an answer to MEP Pospíšil’s questions. The exchange is below:

QUESTION BY MEP JIŘÍ POSPÍŠIL (EPP, CZECHIA)

“The long-term work of international experts from ECOSOC together with the Government of South Africa led to the drafting of an amendment to the South African Copyright Act, which aimed to enable the fair use of copyrighted materials. This proposal was the result of a consultation involving representatives of all sectors of South African society, and it concluded that it was the best option available and that it was expected to bring positive effects for South African society.

According to information I have received, on 20 March 2020, the Commission sent a letter to the South African Government warning it of ‘significant legal uncertainty, with negative effects on the South African creative community in general and on foreign investment, including European investment’ should the new law enter into force.

1. Is it true that this letter was sent, and which Member of the Commission was the author?
2. Why is the Commission, which otherwise spends considerable sums on foreign development assistance, torpedoing a project in which a great many development organisations and experts have participated?
3. Has the Commission communicated on this subject with multinational companies operating in the field of copyright? If so, with which companies did it communicate and what was the content of this communication?”

ANSWER BY COMMISSIONER PHIL HOGAN

“The Commission participated in the process of public consultations on the Draft Copyright Amendment Bill in the Republic of South Africa by submitting its views on the proposed amendments. The letter of 20 March 2020 by the EU Ambassador to the Republic of South Africa to the Director-General in the Office of the South African President reiterates some of the points expressed in the course of the consultations.

The process undertaken by the South African Government to revise the current copyright regime so as to modernise it and bring it line with the international copyright framework is a commendable effort fully supported by the Commission. The Commission hopes that it will boost the South African creative community and cultural industries, enhancing access to knowledge, culture and research for the society as the whole. It is in view of these objectives that the Commission has expressed its views. The Commission has also always been open to exchange best practices as to how the principles and the flexibilities embedded in the framework of the international treaties can be implemented in national laws. It is in this spirit of collaboration and mutual respect that the Commission contributed to the debate on the Bill.

In the course of this process the Commission has been in contact with a large variety of stakeholders, including organisations representing audiovisual producers, collecting societies of authors and composers, actors and musicians, screenwriters and directors, music publishers, music producers, visual artists, book publishers as well authors’ and publishers’ reproduction rights organisations. These organisations informed the Commission of their views on the provisions of the Bill most relevant for sectors in which they operate.”