Academic, lawyers raise issues with Copyright Amendment Bill

[Jan]

Copyright warning for South Africa

Academics warned that South Africa's Copyright Amendment Bill (CAB) and Performers Protection Amendment (PPA) Bill could irreversibly damage the creative industry and the livelihoods of authors, artists, and filmmakers.

Parliament adopted these two pieces of legislation towards the end of February 2024. They are now awaiting President Cyril Ramaphosa's signature to become law.

 

[km2]

They pointed out that the major issue with the CAB is its introduction of the “fair use” concept applied in US copyright law.

Sounds good.

 

[Swa]

Sounds good.

It's not the fair use clause that's the problem and we need it but how it's worded. Most artists I've heard from aren't concerned about it as international laws will still trump outside SA. The biggest issue is that it dictates terms you can't contract out of. Everything the bill specifies is already available if artists simply paid attention to their contracts and insisted on it.

 

[km2]

The biggest issue is that it dictates terms you can't contract out of. Everything the bill specifies is already available if artists simply paid attention to their contracts and insisted on it.

I'd probably need to really dig into the details, but the article is unfortunately vague on the problems rather than the supposed existential threat of it all.

I do think there needs to be more "standard" terms baked into law for IP rather than this constant mishmash of contracts and EULAs. I also don't think that new artists are in that much of a position to negotiate their contract details with larger entities, in the same way as I wouldn't be able to negotiate with PnP if they stuck a EULA for baked beans on my till slip.

 

[Swa]

I'd probably need to really dig into the details, but the article is unfortunately vague on the problems rather than the supposed existential threat of it all.

I do think there needs to be more "standard" terms baked into law for IP rather than this constant mishmash of contracts and EULAs. I also don't think that new artists are in that much of a position to negotiate their contract details with larger entities, in the same way as I wouldn't be able to negotiate with PnP if they stuck a EULA for baked beans on my till slip.

I do think there needs to be standard protections and it will eliminate a lot of unnecessary details. Right now everyone is in a position to negotiate and the "larger entities" overall aren't really looking to do anyone in. It's simply a matter of people not knowing what their rights are. It becomes a problem when the law states you can't contract out of a protection. For example 10% royalties might be favourable for a lot of people rather than fixed payment. However a large production company taking on a lot of risk might rather make a larger once off payment in return for keeping all royalties so without that option they may simply consider it not worth it and move on. That's why these things are rarely set in contract law and where they are it's with good consideration and the option to contract out of them.

 

[rvZA]

This seems like something the ANC would definitely sign into law.