New copyright amendment bill demands broader consultation

I speak of the copyright amendment bill and the performers protection amendment bill, which seek to protect the rights of content creators, but have drawn massive criticism from the very people they supposedly protect. I only learnt about them when they had already been approved by Parliament’s portfolio committee and the National Council of Provinces.

As I have indicated to Arts and Culture Minister Nathi Mthethwa, such legislation should not be under the purview of just one department but should be inter-ministerial, to guard against prejudicing vulnerable groups. The creation, trade and export of music, films, books and crafts is the creation and export of culture and should be protected and guarded jealously.

As the American artist has argued “fair use”, the South African artists must go to American courts to reclaim their work. Doctrines that allow such blatantly unjust cultural expropriation should not be blindly brought into our laws as our content creators and indigenous communities will likely suffer the same fate.

Minister Mthethwa says that the bills bring South Africa in line with international treaties, updating the creative sector for the digital era, and that it has found a hybrid system combining “fair dealing” and “fair use”, which balances the interests of content owners with broader social needs. The intention is to exclude free access for commercial use.

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