OPINION | Owen Dean: Constitutional Court judgment exposes defects in copyright amendments bill | News24

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Earlier this week the Constitutional Court ruled that section 19D of the Copyright Amendment Bill can not be passed. Owen Dean writes that in light of this, pressing on with this defective Bill will cause inestimable harm to our law of copyright.

The author reflects on a recent ConCourt ruling, asking what does it say about the quality of the Copyright Amendment Bill.Earlier this week the Constitutional Court ruled that section 19D of the Copyright Amendment Bill can not be passed.writes that in light of this, pressing on with this defective Bill will cause inestimable harm to our law of copyright.

Blind SA, an NGO representing the interests of the visually impaired, became impatient with the glacially paced passage of the Bill through the legislative process. It perceived an urgent need for an operational and effective blind exception. It consequently brought an application to the court for an order reading-in the blind exception into the current Copyright Act.

The only real question that the court had to decide was whether Section 19D did the required job and was the best means for achieving the desired objective. This called into question the merits and quality of the text of the section and the draftsmanship which lay behind it. The court was assisted in this respect by an outside party who joined the case as an The Constitutional Court handed down its decision on Wednesday, 21 September 2022.

 

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