Comment on the Copyright Amendment Bill Until 18 July

Members of the public are invited to comment on specific clauses of the Copyright Amendment Bill, which the government plans to introduce to bring about changes to copyright law, until 18 July. PEN SA encourages all members and interested parties to read and comment on the following clauses in the new bill. (PEN SA has in the past expressed concern about the Copyright Amendment Bill of 2015.)

The Bill may be downloaded here.

As per a memorandum from the Portfolio Committee on Trade and Industry, the specific clauses are:

• Clause 1, par (i): The definition of “visual artistic work”.
• Clause 5: Section 6A(4): The minimum content of the agreement related to royalty percentages.
• Clause 5: Section 6A(5): The issue of retrospective application .
• Clause 7: Section 7A(4): The minimum content of the agreement related to royalty percentages.
• Clause 7: Section 7A(5): The issue of retrospective application.
• Clause 7: Section 7B(3)(a)(i) read with section 7B(5): Reciprocal application of the resale royalty right.
• Clause 7: Section 7B(6): Retrospective application of an artist’s resale right.
• Clause 9: Section 8A(4): The minimum content of the agreement related to royalty percentages.
• Clause 9: Section 8A(5): The issue of retrospective application.
• Clause 11: Section 9A(1)(aA): Log Sheets.
• Clause 11: Section 9A(4): Failure to record acts or to report constituting an offence and the penalty for that offence.
• Clause 12: Section 11: Nature of copyright in programme-carrying signals.
• Clause 15: Section 15: Panorama rights and incidental use.
• Clause 22: Section 21(3): New process for commissioned work aimed at giving the author more rights.
• Clause 25: Section 22B(7): Transitional provisions to provide for existing Collecting Societies.
• Clause 25: Section 22C(3)(c): Reciprocity applying to pay-outs of royalties by Collecting Societies to foreign countries.
• Clause 25: Section 22D(2)(b) and 22D(3): How Collecting Societies should pay royalties out and what to do with funds if they cannot find the copyright owner or performer.
• Clause 27: Section 27(6): Increased penalties for infringement. Provision for fines when the convicted person is not a natural person.
• Clauses 29 and 30: Copyright Tribunal:
  • Section 29: Composition.
  • Section 29A(3): No power to review administrative action by the Commission.
  • Section 29E: Proceedings of the Tribunal.
• Clause 37: Transitional provision.

Members of the public are invited to submit written comment on these clauses only by 18 July 2018. Comments received after the closing date will not be considered.

The Bill may be downloaded here.

All correspondence should be addressed to Ms J Fubbs, Chairperson: PC on Trade and Industry and marked for the attention of Mr A Hermans, Box 15, Parliament, Cape Town 8000.

Kindly direct all enquiries and written submissions to the Committee Secretaries, Mr A Hermans (ahermans@parliament.gov.za, 021 403 3776 or 083 709 8482), Mr T Madima (tmadima@parliament.gov.za, 021 403 3822 or 083 709 8419), and Ms Y Manakaza (ymanakaza@parliament.gov.za).