ATC230908: Report of the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour on the Performers’ Protection Amendment Bill [B24F- 2016] (National Assembly – Section 76), dated 5 September 2023

NCOP Trade & Industry, Economic Development, Small Business, Tourism, Employment & Labour

Report of the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour on the Performers’ Protection Amendment Bill [B24F- 2016] (National Assembly – Section 76), dated 5 September 2023.

 

Introduction

 

The Performers’ Protection Amendment Bill was passed by the Fifth Parliament and at the time was classified as a Section 75 Bill. Thereafter it was sent to the President for assent. The President subsequently sent the Bill back to Parliament with reservations, one of which was related to the tagging of the Bill as a Section 75 Bill. As a result of this Section 79(1) (Constitution) referral from the President, the Performers’ Protection Amendment Bill was tagged as a Section 76 Bill.

 

Purpose of the Bill

 

• To amend the Performers’ Protection Act, 1967, so as to insert, delete or substitute certain definitions;
• To provide for performers’ economic rights;
• To extend moral rights to performers in audiovisual fixations;
• To provide for the transfer of rights where a performer consents to fixation of a performance;
• Further to provide for the protection of rights of producers of sound recordings;
• In addition to broaden the restrictions on the use of performances;
• To extend the application of restrictions on the use of performances to audiovisual fixations;
• Further to provide for royalties or equitable remuneration to be payable when a performance is sold or rented out;
• To provide for recordal and reporting of certain acts and to provide for an offence in relation thereto;
• Further to extend exceptions from prohibitions to audiovisual fixation and sound recordings and include exceptions provided for in the Copyright Act, 1978;
• To provide for the Minister to prescribe compulsory and standard contractual terms as well as guidelines for a performer to grant consent under this Act;
• In addition to provide for prohibited conduct and exceptions in respect of technological protection measures and copyright management information respectively;
• To provide for further offences and penalties;
• Further to substitute certain expressions;
• To provide for transitional provisions; and
• Finally, to provide for matters connected therewith.

 

Process followed with the Bill

 

The Performers’ Protection Amendment Bill was passed by the National Assembly, transmitted to the National Council of Provinces and referred to the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour on 1 September 2022. The Select Committee held capacity building sessions on 18 and 25 October 2022, and invited relevant portfolio committees from all nine provincial legislatures. The purpose of the sessions was to introduce Members to the highly technical aspects of the Bill.

 

The Department of Trade, Industry and Competition briefed the Committee on 25 October 2022. The Committee advertised for public comment with a closing date for submissions of 27 January 2023. The Committee held public hearings on 21 February, 7 and 14 March 2023. Provincial legislatures held public hearings on the Bill between February and May 2023.

 

The Department of Trade, Industry and Competition and Parliament’s legal advisor responded to issues raised during public hearings, on the 6th and 13th of June 2023. Thereafter, Negotiating Mandate meetings were held on 13, 14 and 20 June 2023. The Committee sat during recess to consider and adopt the E-list of proposed amendments in relation to the Bill on 1 August 2023.

 

Consideration of Final Mandates

 

All provinces submitted Final Mandates which were considered on the 5 September 2023. The Final Mandates were submitted as follows:

 

Provinces	Status
Eastern Cape	Voted in favour of the Bill
Free State	Voted in favour of the Bill
Gauteng	Voted in favour of the Bill
KwaZulu-Natal	Abstained from voting
Limpopo	Voted in favour of the Bill
Mpumalanga	Voted in favour of the Bill
Northern Cape	Voted in favour of the Bill
North-West	Voted in favour of the Bill
Western Cape	Voted not in favour of the Bill

 

 

Outcome of Committee’s consideration of the Bill

 

The Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour having deliberated on and considered the subject of the Performers’ Protection Amendment Bill [B24F - 2016], referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B24F – 2016].  

 

 

Report to be Considered.