Why the president must send the Copyright Amendment Bill back to Parliament

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The Bill’s copyright exceptions will create new circumstances where copyright works can be copied, adapted and placed online without permission and without paying for it.

The public discourse, whether about fair remuneration and rights for creators and performers in the digital era or legitimate demands for relaxation of copyright rules in special cases, has been corrupted by red herrings, straw horses and hidden agendas in the support for the Bill.

The “decolonisation of copyright” is but the latest edition. The surprising thing is that these narratives are expounded in support of the Bill by the same people who claim public support that all but disappears under scrutiny, and who have to find different rationalisations to support the same outcome every time the circumstances change.

Both the draft of the Bill published in 2015 and its original version introduced to Parliament in 2017 contained key provisions expropriating copyright for the benefit of the state, while giving rights of copyright away under the extensive copyright exceptions. The clauses meant to implement the recommendations of the Copyright Review Commission report of 2011 betray a fundamental misunderstanding of what was required to improve the position of musicians and authors.

 

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He should pass it immediately, amendments will follow after on specific items/cases once the bill is in place.

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