[Sean Flynn and Peter Jaszi] We commend the Copyright Amendment Bill’s proposed introduction of an innovative, forward-thinking and South Africa-specific open general exception for “fair use.” The enclosed comments make the following main points: Fair use promotes innovation and free expression - as shown in the experience of other countries who have adopted it; The fair use provision, and the other limitations and exceptions in the bill, are fully compliant with the international “three step test”; The fair use clause will increase predictability under the law by adding an explicit fairness test; Experience in other countries does not support allegations that adopting fair use will increase litigation, shift burdens of proof onto copyright holders, decimate thepublishing industry or authorize widespread piracy.