Category Fair Use

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.

Are Fair Use Provisions in the SA Copyright Amendment Bill Far Broader than in the US?

Opponents of the South African Copyright Amendment Bill claim that the fair use provisions in Section 12 of the Bill far exceed those of the U.S. They state that if the Bill is signed by the President, it will be the only country in the world with such extensive rights for users. They warn, as part of their ongoing media campaigns and at seminars, that this will be ‘extremely catastrophic’ for authors and publishers in South Africa, and that foreign investors will no longer invest in the creative industries in South Africa. This is an exaggeration and fear-mongering at its best.

Decolonising Copyright: Building Our Creative and Information Economy

[AfroChic] On the 7th of August 2019 RecreateSA convened a seminar in association with the South African Guild of Actors, the University of the Witwatersrand’s Library, Blind SA, the University of Cape Town’s IP Unit, the South African Democratic Teacher’s Union, Washington College of Law’s Programme on Information Justice and Intellectual Property and the University of the Witwatersrand’s Institute for Social and Economic Research. The seminar was entitled “Decolonising Copyright: Building our Creative and Information Economy” and took place in the Senate Room of the Solomon Mahlangu Building.

Copyright Week 2019 Johannesburg : Decolonising Copyright, Building our Creative & Information Economy

This morning, Recreate ZA, in partnership with Program on Information Justice and Intellectual Property, Wits Library, Wiser and the UCT IP Unit hosted an event titled: Decolonising Copyright, Building our Creative & Information Economy. Speakers included Ruth L. Okediji, Ben Cashdan, Justice Zak Yacoob, Daniel Mashao, and Mugwena Maluleke.

Decolonising Copyright, Building our Creative & Information Economy

Recreate ZA, in partnership with Wits Library, Wiser, UCT IP Unit and the Program on Information Justice and Intellectual Property will be hosting a series of panel discussions on the 7th and 8th of August, at Wits and UCT respectivel... At this event, a number of development scholars and experts, including Ruth Okediji, Adam Habib, Justice Zak Yacoob, Tshilidzi Marwala and many others will be engaging on how the signing and implementation Copyright Amendment Bill could positively affect the economy, and how it could lead to growth emanating from South Africa’s creative, research and education sectors, as well as reductions in costs for students and learning institutions.

Statement of the South African Youth Council on the Copyright Amendment Bill

[South African Youth Council] ... It is time we protect our future by ensuring that where educational literature and or material is concerned no archaic pieces of legislation should be an impediment for the acquisition of knowledge. In the same breath we must ensure that our heritage, the works of our forebears, are given the necessary stature and protection. This can only happen if President Cyril Ramaphosa assents to the Copy Rights Amendment Bill.

Towards a European ‘Fair Use’ Grounded in Freedom of Expression

[Christophe Geiger and Elena Izyumenko] Abstract: It is often claimed that an open-ended provision for copyright limitations such as the US fair use clause would be unfit for civil law countries because of their author-centered traditions of copyright law and their traditional skepticism towards “judge made law” encouraged by open norms. However, the rising application in those countries of fundamental rights by the judiciary to solve copyright cases (mainly based on freedom of expression and information) and the balancing of interests it requires resemble in many aspects the practice of common law jurisdictions and the weighing of factors typically done in the context of a fair use analysis.

South Africa Creators, Access Advocates Rally To Support Copyright Bill And Dispel Myths

A broad coalition of creators and access to knowledge advocates have petitioned the President of South Africa to urgently sign the Copyright Amendment Bill before him. The petition (https://www.re-createza.org/) is endorsed by organizations representing over half a million South African creators, teachers, people with disabilities and others who rely on copyright access and protection. It calls for the President to sign the Bill “without delay,” including to enact into copyright law “a transformative vision for a more equal and just society.” The petition is the latest step in a decades long campaign to enact development- focused copyright reform that is sensitive to South Africa’s particular social and economic context.

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Schools and universities are shifting to the use of digital resources - including to online E-reserves, E-Books and other forms of digital distribution. Collective (blanket) licensing, which for years has charged schools for making analogue reproductions of excerpts of printed works for use in printed course packs has declined in value and usefulness as education invests in digital licensing that offers enhanced access and reproduction rights. To facilitate the shift that benefits all stakeholders, legal rules must reflect emerging practices in which blanket licences compete in the market with alternative licensing models. One answer, represented by Canada, is a mix of broader copyright exceptions for the use of excerpts for educational purposes combined with a shift in educational spending toward buying and licensing more digital works and digital uses of works.

Joint Civil Society Letter to the President of South Africa on the Copyright Amendment Bill

[ReCreate South Africa] We welcome the passing of the Copyright Amendment Bill by both the National Assembly and the National Council of the Provinces and encourage you to sign the Bill into law without delay. The Bill has undergone a lengthy consultative process at the various stages and is a good reflection of a transformative vision for a more equal and just society. The Bill also brings South African legislation in line with international treaties.

South Africa Moves Forward With Creator Rights Agenda

South Africa took another step toward enactment of a Copyright Amendment Bill focused on improving the lot of creators. On March 20, the committee of jurisdiction in the National Council of Provinces voted 6-3 in favor of reporting the bill to the full house next week without amendment. The full house is likely to pass the bill, clearing the last hurdle before the President can sign the bill into law.

ReCreate South Africa and Wikimedia ZA Panel on Copyright Amendment Bill

[ReCreate South Africa] The Copyright Amendment Bill has provoked a number of negative reactions in the wake of its passing before the National Assembly, with summits and symposiums by Copyright elitists claiming that the Bill will infringe on their copyrights. ReCreate in partnership with Wikimedia ZA feel that there is a need to remind the public of the true benefits and reasons we support the Copyright Amendment Bill.