Davies quells fears over copyright bill
Trade & industry minister Rob Davies has moved to allay fear about the controversial Copyright Amendment Bill, which industry players say will, if it is signed into law, amount to expropriation of local content without compensation.
Trade and industry minister Rob Davies has moved to allay fears about the controversial Copyright Amendment Bill, which industry players say will amount to the expropriation of local content without compensation if signed into law.
Davies and arts and culture minister Nathi Mthethwa recently met industry stakeholders to hear their concerns about the copyright bill as well as the Performers’ Protection Amendment Bill. Parliament has approved the bills, which now await President Cyril Ramaphosa’s signature.
Industry stakeholders, including musicians, filmmakers and publishers, have raised concerns about the Copyright Amendment Bill in particular. One of its more contentious aspects is the introduction of the “fair use” principle used in the US and favoured by Google, which, in effect, allows the free use of copyrighted content.
Davies said the bill was not intended to cause harm. On concerns about the fair use clause, Davies said there are safeguards meant to ensure the intended use is in fact fair.
He said there are also “technological protection measures” to prevent unauthorised access or use of copyright works. Content that is protected by these measures includes digital music, movies, games and software, said Davies, adding that the Copyright Tribunal resolves disputes that may arise.
However, industry players have called on Ramaphosa to reject the bill in its entirety.
The department of trade & industry said the bill could be signed into law in full or partially with some clauses rejected, or could be withdrawn by the president and returned to the National Assembly. “It was agreed that whichever the outcome, the government would engage stakeholders to ensure a sustainable legislation and ensure further deliberations for a successful and transformed creative industry,” it said.
Last week, the Coalition for Effective Copyright in SA vowed it will approach the Constitutional Court should the president sign the bill into law.
“We can announce today that we have officially petitioned President Ramaphosa to refer the unconstitutional Copyright Amendment Bill back to the National Assembly to be reconsidered,” said Collen Dlamini, on behalf of the coalition.
Dlamini said should the bill be signed into law, SA creatives will no longer be paid for the content they create. “Big global tech companies with access to an abundance of cheap local content will be the winners.”
The petition to Ramaphosa highlights a number of procedural and substantive reasons why the bill should be referred back to parliament. Dlamini said the bill is incorrectly tagged as a section 75 bill (not affecting provinces), when it should have been tagged a section 76 bill (affecting provinces). “Incorrect tagging is reason alone to have the bill set aside as constitutionally invalid,” he said.
Dlamini said the bill incorrectly and unconstitutionally delegates legislative authority to the trade and industry minister.
“There was inadequate public consultation on crucial aspects of the bill. The bill violates the constitutional right to freedom of trade, occupation and profession,” he said.
BIG GLOBAL TECH COMPANIES WITH ACCESS TO AN ABUNDANCE OF CHEAP LOCAL CONTENT WILL BE THE WINNERS