Category US Domestic Legislation

Creative Workers’ Union Letter to President of South Africa, re: Copyright Amendment Bill

[International Federation of Actors; International Federation of Musicians; and UNI – Media, Entertainment & Arts] We are writing to you as it has become apparent that several international industry federations in the publishing, music and audiovisual sector have approached you with scaremongering letters to avert your approval of a much-needed reform in South Africa, including vital provisions to enhance the livelihood of professional performers and authors. We want you to know that we strongly disapprove of this initiative.

Computer & Communications Industry Association Letter to President of South Africa

[Ed Black] ... Contrary to the suggestions of the U.S. companies opposing fair use in South Africa, there is nothing inappropriate about the Copyright Amendment Bill’s inclusion of fair use. South African users and creators should be allowed to benefit from fair use, just as American users and creators are able to, along with the millions of citizens of the other jurisdictions that have adopted fair use.

Assessing Drug Pricing Reform Proposals: The Real Leverage And Benefits Of Competitive Licensing

[Christopher J. Morten and Amy Kapczynski] Leading drug pricing bills in Congress tackle the problem of leverage with two distinct solutions to improve the government’s bargaining position: a tax on drug manufacturers that refuse to agree on a fair price and “competitive licensing,” under which the government accelerates market entry of competitors when a deal cannot be reached. House Speaker Nancy Pelosi (D-CA) has endorsed the first approach, recently announcing a bill that would impose a tax on drug manufacturers when they fail to reach an agreement with the government on price under Medicare Part D. Rena Conti and Paul Kleutghen recently argued in a Health Affairs blog post that the second approach—competitive licensing—is impractical because of purported manufacturing, regulatory, and legal hurdles faced by drug companies licensed under the competitive licensing scheme.

IIPA Petition Leads USTR to Review South Africa’s GSP Benefits

The U.S. Trade Representative (USTR) has announced an upcoming review of South Africa's eligibility for trade benefits under the General System of Preferences (GSP), a system which allows duty-free imports from developing countries that meet certain criteria. According to the announcement, USTR "is accepting a petition from the International Intellectual Property Alliance based on concerns with South Africa’s compliance with the GSP IP criterion, in the area of copyright protection and enforcement." It will publish a Federal Register Notice requesting comments and announcing the dates of a public hearing.

South Africa’s Copyright Bill Is Good for Digital Archives – Here’s Why

The current Copyright Act has no provisions for libraries, archives, galleries and museums. As an afterthought, limited provisions were included in Section 13 regulations for libraries and archives. Digitisation is the main form of preserving material in the 21st century. Yet the country’s copyright law doesn’t permit it. This causes serious problems for libraries, archives, museums and galleries. They are currently unable to digitise any of their works without first having to get copyright permission, and to pay high copyright fees.

Copyright Flexibility Opens the Door to Decisive AI Advantages

New copyright legislation will be the first government implementation of policy for the fourth industrial revolution in SA. The Copyright Amendment Bill of 2017 before the president for signature features copyright flexibilities needed for SA to benefit from the fourth industrial revolution. These will free SA entrepreneurs to develop innovative techniques of data analysis without holdup from copyright holders, to grow local data analysis capacity and allow innovation in artificial intelligence (AI) and the internet of things.

ReCreate Opinion on the Copyright Amendment Bill and the Constitution

The opinion was prepared by advocates Susannah Cowen SC, Jonathan Berger, and Mehluli Nxumalo. Counsel were requested to consider whether there is any impediment to the President signing and assenting to the Bill, in light of various objections that have been raised by third parties. Counsel conclude that the objections that have been raised do not constitute any impediment to the President signing and assenting to the Bill, and unless there are other valid constitutional reservations, he is under a constitutional duty to sign and assent to the bill within a reasonable time.

How to license Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms

[Martin Husovec and João Quintais] Abstract: How can the EU Member States license Article 17 of the new Directive on copyright and related rights in the Digital Single Market? This is the central question that this paper addresses. To answer it, we first analyse the nature of the right included in Article 17. We argue that the nature of the right has a number of serious consequences for its licensing.

New Copyright Law Will Benefit South Africans with Disabilities

South Africa’s current copyright law was enacted 41 years ago. The Copyright Act No. 98 of 1978 had no provisions for people with disabilities – and that hasn’t changed in more than four decades. This means that every time a person who is blind, deaf, partially-sighted, dyslexic, or paralysed needs to access any information, the content has to be converted into an accessible format before they can read and understand it... Copyright permission has to be obtained before the works can be made accessible via Braille or other accessible formats. Rights-holders do not always respond timeously or at all, which means the students have to wait for their study material in accessible format. Sometimes it doesn’t come at all. They also have to pay high copyright fees for the conversions, which they do not always have in view of their limited budgets or resources.