Day December 4, 2018

Promoting Education Rights In South African Copyright Reform

[Eve Gray and Desmond Oriakhogba] The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors.  It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades.  It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.

Defending Fair Use In South Africa

[Sean Flynn, Peter Jaszi, and Michael Carroll] On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. The publishing industry is marking the occasion by circulating an alarmist petition that the legislation will have a “direct and detrimental impact on all South African authors.” Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” . It is certainly time for a little light to go with the heat.