[VIDEO] We don't own the images of our own history. Educational resources are owned elsewhere. South Africans cannot sample, adapt, recreate. Innovation that is possible in the US is illegal in South Africa and some people want to keep it that way.
American University’s Washington College of Law hosted the 5th Global Congress on Intellectual Property and the Public Interest. A workshop led by the International Federation of Library Associations and Institutions (IFLA) entitled “Out of the Stacks: A World Tour of Library, Archive, and Museum Copyright Reform” featured a panel, which discussed current and future copyright reform efforts in several countries. The panel highlighted laws that lack clarity or are inadequate to meet modern needs. Many advocated for efforts to create provisions that are essential to libraries, museums, archives, and other cultural heritage institutions. Without these provisions, many of these institutions are unable to provide access to certain copyrighted works, which the public has come to enjoy.
[Rehad Desai, Ben Cashdan, Tuse Fokane and Wandile Dlamini] Prof Sadulla Karjiker’s assertion that the government is “intent on diluting intellectual property (IP) rights without regard for the future of the country” is hogwash. Copyright is vital to ensure that creators of…
[Sean Flynn and Peter Jaszi] We write in reference to the August 1, 2018, filing of the IIPA, in respect of South Africa’s proposed copyright amendments. IIPA claims that adoption of the South Africa copyright amendment bill “would place South Africa out of compliance with the AGOA eligibility criteria regarding intellectual property.” We find this claim wholly unsupported.
The U.S. Trade Representative (USTR) is conducting its annual review of country eligibility for trade benefits under the African Growth and Opportunity Act (AGOA). This law allows beneficiary countries to export certain goods into the U.S. duty-free. The benefits are conditional upon a set of criteria, which includes the protection of intellectual property. The International Intellectual Property Association (IIPA) has filed comments to USTR arguing that South Africa’s copyright reform legislation, if it becomes law, “would place South Africa out of compliance with the AGOA eligibility criteria regarding intellectual property.”
[International Federation of Library Associations (CC-BY)] After our blog post Copyright for Libraries in 2018, we have engaged with the CLM network to keep up the effort of spotting copyright changes around the world. Here’s an update at the start of the second half of the year...
... What distinguishes the European copyright reform experience from others and what lessons might be learned for future efforts around the world? One takeaway is that there are presently two kinds of copyright reforms. The first involves a conventional balancing of copyright interests, typically framed as creator rights on the one hand and users’ rights on the other. Ensuring both appropriate compensation and reasonable rights of access and reuse are invariably contentious, but they are largely limited to copyright-related considerations... This stands in marked contrast to the second kind of copyright reform, which uses law to mandate copyright enforcement through regulating technology and digital networks. Those proposals have implications that extend far beyond the copyright balance, sparking concerns related to freedom of expression, privacy, and net neutrality.
We commend Parliament for its forward-looking copyright amendments that will assist South African creators and users of copyrighted works benefit from the digital age. We commend you as well for the open public process through which you have drafted the bill. We support the specific textual suggestions included in the ReCreateSA submission. We provide the following comments focusing on Section 12 of the draft Copyright Amendment Bill, and in particular the “fair use” provision in 12B.
[Savannah van Dongen] With the EU and other states looking to modernise copyright law for the digital era, education exceptions in copyright law are a hot topic. Particularly, the second paragraph of Article 4 of the proposed directive on Copyright in the Digital Single Market that gives room to educational licenses is being contested by educators, learners, and educational organisations. Canadian copyright law includes the doctrine of “fair dealing” — a unique version of a common exception.
[ADA] Important changes to Australian copyright law passed today will protect Australia’s education, cultural and disability organisations and help them provide better services to our communities. Under the Copyright Amendment (Service Providers) Act 2018 Australian disability organisations, education providers and cultural institutions will now be covered by the copyright safe harbour scheme, which will protect them from being held liable when their online services – from public access computers to digital hubs – are used by others to infringe copyright.
The South African Portfolio Committee on Trade and Industry has released its report on its most recent copyright reform debate. The summary notes: "An area of major contention was whether the Copyright Act should be based on the ‘fair use’ or the ‘fair dealing’ principle. The Committee strongly favoured ‘the fair use’ principle but with exceptions to manage the openness of the system... "
[Authors Alliance] The Parliament of the Republic of South Africa is currently considering the Copyright Amendment Bill, an update of the country’s 1978 copyright legislation. The proposed bill includes a provision for termination of transfers. Today, we submitted a letter to South Africa’s Members of Parliament in support of a carefully drafted termination provision that would allow authors to regain rights that they previously signed away.