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Comment Sought on Copyright Amendment Bill

February 18, 2019

Select Committee on Trade and International Relations

The National Council of Provinces (NCOP) seeks comment on the Copyright Amendment Bill.

The bill was tabled in parliament in May 2017.

It aims to amend the Copyright Act of 1978 so as to:

• define certain words and expressions;
• allow for further limitations and exceptions regarding the reproduction of copyright works;
• provide for the sharing of royalties in copyright works;
• provide for the payment of royalties in respect of literary, musical, artistic and audiovisual works;
• provide for resale royalty rights;
• provide for recordal and reporting of certain acts;
• provide for the accreditation of collecting societies;
• provide for a mechanism for settlement of disputes;
• provide for access to copyright works by persons with disabilities;
• provide for the licensing of orphan works;
• strengthen the powers and functions of the Copyright Tribunal;
• provide for prohibited conduct in respect of technological protection measures;
• provide for prohibited conduct in respect of copyright management information;
• provide for protection of digital rights;
• provide for certain new offences; and
• provide for matters connected therewith.

The NCOP has also called for comment on the Performers’ Protection Amendment Bill.

The bill was tabled in parliament in December 2016.

It aims to amend the Performers’ Protection Act of 1967 in order to:

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

Both bills were passed by the National Assembly and sent to the NCOP for concurrence in December 2018.

The select committee on trade and international relations seeks comment on both bills until 22 February 2019.