The journey of South Africa’s Copyright Amendment Bill has been long and complex, starting back in 2017. After navigating years of debate, President Cyril Ramaphosa has now referred the Bill, along with the Performers Protection Amendment Bill, to the Constitutional Court to rule on their constitutionality. This decision has generated a mix of anticipation and apprehension within the creative industry, as stakeholders consider what these amendments could mean for intellectual property rights in South Africa.
These Bills aim to modernise copyright laws to address digital advancements while aligning South Africa’s legislation with international standards. Despite parliamentary approval, the President’s reservations highlight concerns over key provisions, especially around the protection of creators’ property rights and the new “fair use” clause.
- Royalty Rights for Performers: One significant aspect is the Bill’s attempt to secure lifetime royalty rights for performers of musical works. However, this provision may impact creators’ rights, raising questions about its constitutionality regarding property protection.
- Expanded Fair Use: Another notable provision is the Bill’s expanded fair use policy, which would allow copyright-free usage of works in cases of research, education, or public access. Critics fear this change could lead to unfair revenue losses for creators, as institutions could use works without direct permission.
The Constitutional Court’s role is crucial, as its decisions will shape the creative landscape in South Africa. The court must carefully weigh the rights of creators against broader public interests. A ruling on these Bills is expected on November 28, 2024, and it’s set to be a landmark moment for South Africa’s creative industry.