CD to MP3 conversion may be legal in SA one day

In a report recently released by the minister of trade and industry, Rob Davies, the copyright review commission recommended that “format shifting” be allowed by South Africa’s copyright law.

Format shifting includes the ability to make digital sound files (such as MP3s) from a CD which you own.

This is not allowed by default under South African copyright law, though RiSA, a group that represents the South African recording industry, said they wouldn’t pursue legal action against those who make copies of their own CDs for personal use.

However, this clarification only came after reports that RiSA stated as part of its campaign on the StopPiracy.org.za website that you may not compress sound recordings to MP3s.

The site has since been revamped and no longer displays this warning.

On the PiracySucks.co.za website of the South African Federation Against Copyright Theft (SAFACT), however, the FAQs still contained a warning that personal copying of movies and games could get you sued.

It is worth noting that South African rights holders could change this default position by allowing for personal copying in their licenses.

For example, Nokia Music, an online digital music store available in South Africa, lists whether you’re allowed to transfer songs or burn them to CD.

The copyright review commission feels that the default position should be changed, however:

Nicholas Hall

15.1.8. The ‘private use’ exceptions must be expanded and adapted for the digital era to include, for example, format shifting and ensure that the law is in accordance with the expectations of reasonable persons. This is important in order to persuade members of the public to respect copyright law.

Legal opinion

Nicholas Hall, information and communication technology lawyer at Michalsons Attorneys, said that the above quote highlights a discussion that must be had by broader society, and shows a willingness to listen to the people.

“It also raises the important question of ‘why’,” Hall said.

“Why do people blatantly disregard copyright law, and what would need to be done to make it so that people complied?”

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