Copyright & Performers' Protection Amendment Bills: DTIC briefing & public hearings

Meeting report

The Chairperson greeted all those in attendance. This was the Committee’s final hearing on the Copyright Amendment Bill and the Performers' Protection Amendment Bill. The Committee would receive a presentation from the Department. From there, the Committee would move onto the oral submissions. Thereafter, there would be final remarks.

The Members of the Committee introduced themselves.

Briefing by the Department of Trade, Industry and Competition on the Copyright Amendment Bill [B 13D - 2017] and the Performers' Protection Amendment Bill [B 24D – 2016]

Mr Kadi Petje, Senior Manager: Copyright, CIPC, briefed the Committee on the Copyright Amendment Bill and the Performers' Protection Amendment Bill. He was part of the team that was involved with the legislative process to amend the two Bills. The presentation outlined the policy objectives of the Bills and the treaties which informed the Bills.

Objectives of the Copyright Amendment Bill

• To develop a legal framework on copyright and relate rights that will promote accessibility to producers, users and consumers in a balanced manner; this includes flexibilities and advancements in the digital space that empower all strata of South Africa.
• To introduce provisions which deal with matters pertaining to collective management. Collecting societies will only be allowed to collect for their registered members, and all collecting society have to be accredited with the CIPC.
• To deal with the protection of works and rights of authors in the digital environment.
• The Bill provides for standard contractual terms to empower authors when negotiating contracts. This will close the loophole that has resulted in unfair contractual terms that had led to creators signing away their rights.
• To introduce a Resale Royalty Policy Right. This means that an artist could be entitled to a royalty when their original work is resold commercially.
• To introduce a fair use system for the reproduction of copyright material for limited uses or purposes without obtaining permission and without paying a fee or a royalty. Furthermore, this provision stipulates the factors that need to be considered in determining with the copyright work is used fairly.
• To provide for exceptions and limitations in education, libraries, archives and museums, computer programmes. To provide for the availability of accessible format copies of a work to accommodate persons with disabilities. This provision extends beyond matters pertaining to the blind and includes other disabilities such as learning disabilities.
• To strengthen the Copyright Tribunal so that it can deal with all copyright and related rights matters.

Treating informing the Bills

The treaties informing the Bills included the WIPO Performances and Phonograms Treaty, the Beijing Treaty on Audio Visual Performances, the WIPO Copyright Treaty, the Marrakesh Treaty to Facilitate Access to Publish Works for Persons Who Are Blind Visually Impaired, or Otherwise Print Disable, and the Berne Convention.

Oral submissions on the Bills

The Committee proceeded to receive oral submissions on both Bills.

The meeting was adjourned.