Copyright Law

Copyright law may additionally change

New copyright regulation is just President Cyril Ramaphosa’s signature far from implementation. Still, critics claim that the law, which they see as a capitulation to the pursuits of tech giants consisting of Google, ought to have dire results for the innovative industries. The National Assembly has handled the Copyright Amendment Act and National Council of Provinces, the latter on March 20 this 12 months, but a coalition in opposition to the Bill says that, if it’s far handed into regulation, it’s going to result in process losses and might, in the long run, kill the creative industry.

Collen Dlamini, the spokesperson for the Coalition for Effective Copyright, says the Bill is a “complicated piece of rules, riven with unsure terminology, that has been rushed through Parliament thanks to the advocacy and funding of tech giants like Google”. He says the bill calls for “fair use,” which the coalition believes is bigoted for creatives because it will allow their work to be freely used by all comers. He says they may be in opposition to truthful use inside the Bill because it does now not provide statutory protection for content creators.

Dlamini says licensing beneath the existing law allows for college kids in institutions of better studying to duplicate quantities of books; however, then institutions are liable for a certain price per student consistent with year. But with the new truthful use rules, this will no longer be relevant. The new law might also, as an instance, allow Google to copy books from South African libraries totally free in change for virtual copies for the library, whilst the search massive get to preserve a duplicate of the scanned books without purchasing them for its personal, commercial enterprise purposes.


At present, Google can only experiment with books that are out of copyright. Critics of the Bill declare Google funded a group known as ReCreate, which is for the Bill and has supported it. But ReCreate says it is “a transparent, membership-advocated employer .” We do no longer represent Google in any manner,” says ReCreate spokesperson Nontando Tusi. Instead, the enterprise is in a coalition with different corporations that include writers, filmmakers, newbies, librarians, era entrepreneurs, and the Freedom of Expression Institute, she says, adding that ReCreate represents greater than half a million South Africans.

“ReCreate is funded via some enterprises, which encompass Google and [the] Open Society Foundation and receives contributions from volunteers and companies,’’ says Tusi. It does now not act under any coaching from any of its funders, she says. ReCreate says it helps the Bill in its totality, arguing that truthful use will “unfastened creators from private censorship.”

“Fair use is vital for creators because many new works comprise references or excerpts of different works. Documentary films quote information and different assets. Photographs seize copyrighted photos and systems. Authors quote different authors. Fair use ensures that creators have the right to make [use of] those and others makes use of that don’t a replacement for the original paintings,” says Tusi.

She says honest use does no longer mean “free” because the Bill has “clear parameters as to what use of a copyright-covered work might be taken into consideration truthful.” André Myburgh, a consultant in South African copyright regulation, says the problem with the expansive honest use provision in the context of the Bill is that it’ll encourage customers to copy copyright works without permission and fear of consequences.

“ Fair use is, in essence, a bendy set of principles primarily based on which, if they follow, a customer of copyright goods can reproduce the copyrighted work without the permission of the copyright owner and consequently without charge,” says Myburgh. “Not simplest person purchasers, but additionally agencies can advantage from honest use.

It is a doctrine specific to the USA and some different nations inside the world that have been persuaded to introduce it — Israel, Uganda, South Korea, and recently Singapore. Countries that follow the copyright law way of life of the United Kingdom, including South Africa, have bendy copyright exceptions based on the doctrine of ‘honest dealing,’ where the standard of ‘truthful practice’ is applied to precise functions, which include citation and reporting on cutting-edge events,” he added.

Myburgh says the United Kingdom and Ireland had both considered introducing truthful use — and decided against it. Myburgh said Bill’s fair use clause introduces permission-unfastened copying for purposes now not allowed within the US and is also observed with the aid of numerous different copyright exceptions. “The effect will no longer handiest be felt in purchaser makes use of, to not be paid for, but in unpaid uses by new technologies developed using businesses whose enterprise models depend upon the lifestyles of truthful use and copyright exceptions.”

Dlamini claims the Bill changed into not very well researched and that it “violates the constitutional right to freedom of preference of trade.” He says a socioeconomic impact evaluation executed using the Publishers’ Association of South and PwC in 2017 showed the movie industry, with R12.5-billion in annual turnover, stands to lose income, and the e-book industry should enjoy losses of at the least R3-billion inside the first 12 months of the new law being in location.

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