OPINIONISTA: Copyright Bill: Don’t throw the baby out with the bath water

The right to create means very little without freedom of expression. South African legislation is now on the cusp of finally being brought into the digital age, kicking and screaming all the way. Conversations and debate surrounding the Copyright Amendment Bill have ironically invoked fear in those that it seeks to protect. As complex as the Bill may be, there has been a lack of understanding regarding its provisions.

When legislation involves as many stakeholders as does this Bill, it’s difficult for parties that do not have shared material interests to be content. That said, the Bill makes a solid attempt at balancing all the interests of the various stakeholders, namely the disabled, educators, authors, producers, actors, musicians, filmmakers etc. Therefore, to classify the Bill as good or bad from any one particular sectoral viewpoint ignores that this is a Bill with many complex layers.

Opposition to codifying the payment of royalties is support for a status quo that has benefited a few elite CMOs who want their cake while creators and contributors continue to pick up the crumbs. In a nutshell, the royalty sharing provision is good for creators of works as it ensures that they are adequately compensated every time their work generates a profit.

Source: Law Daily Report (lawdailyreport.net)

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