Latest news with #CopyrightAmendmentBill
Daily Maverick
5 days ago
- Politics
- Daily Maverick
Balancing act – South Africa's constitutional court tackles copyright bill and public interest concerns
How deep the irony that as Trump attempted a crass humiliation of South Africa's president over the property rights of white farmers, our highest court was carefully deliberating Ramaphosa's concerns about arbitrary deprivation of property. Last week, as US President Donald Trump was accusing President Cyril Ramaphosa of not respecting white farmers' property rights, South Africa's highest court was — at the president's request — holding a high-level debate on intellectual property rights and the constitutionality of the Copyright Amendment Bill. It was democracy and the rule of law at work, a demonstration of care over rights and property issues. This is one of a handful of times a president of democratic South Africa has exercised the constitutional authority to refer bills passed by Parliament to the Constitutional Court for review. Ramaphosa first referred the bill back to Parliament in 2020, citing its potential conflict with the Constitution and international treaties and its potential for retroactive arbitrary deprivation of property, among other issues. Parliament sent the bill back to the president's desk with significant changes in 2022, but Ramaphosa still referred it in 2024 to the country's highest court because he remained concerned about the bill's constitutionality. The genesis of the bill dates back more than a decade. Implicated are a variety of stakeholders and multiple considerations. What has to be balanced are the interests of authors and creators of copyright work against South Africa's developmental needs, specifically as they relate to education and general access to information and knowledge. Protection and incentives Artists of all stripes — music, literary, performance, etc — deserve protection of their work, incentives to create and to secure revenue streams. Investors in that work also require legal protection of their stakes. But alongside these are public interest purposes too, which might be unjustifiably prejudiced if fair exceptions to South Africa's copyright regime are not allowed. It was no surprise then that the president's referral of the bill to the Constitutional Court attracted a large number of organisations with concerns about the content and interpretation of the bill. Blind SA, the Recording Industry of SA and the Centre for Child Law all submitted arguments to the court as amicus curia (friends of the court). The Campaign for Freedom of Expression and the South African National Editor's Forum (Sanef) presented a joint submission about the interpretation of the bill best suited to protecting the South African media. Within the larger balancing exercise, the court was being asked to undertake, the Campaign for Freedom of Expression and Sanef asked it to weigh the varied, potentially opposing concerns of a free and healthy press. For example, it is essential for the operation of a free press that no copyright exists in 'news of the days that are mere items of press information'. If that were not the case, press reportage, which already faces considerable financial constraints, would be prohibitive. But news reporting that goes beyond 'mere items of press information', generating content that reflects new and considered engagement, is copyrighted and must be copyrighted — not least to protect from predatory treatment by digital platforms. Digital platforms like Google, and social media platforms like Facebook, X (formerly Twitter), Instagram and TikTok, are becoming the primary means by which people access news. The platforms get the benefit of reproducing news reporting (and generating revenue through advertising), without incurring the costs required to produce news of quality. These digital platforms are also able to avoid liability for the content of news articles that are accessible on their platforms. They are not treated as publishers and are immune from those responsibilities. In this context, copyright protection for news content producers is an important, if by no means the only, route by which these issues need to be addressed. But there are reasons to worry given the open-ended nature of exceptions permitted to copyright by the introduction of the 'fair use' regime in the Copyright Amendment Bill. The bill looks to amend South African law so that lawful use of copyright is permitted in a wider range of circumstances than was previously allowed. Advances in digital technology It has been explicitly promoted in the South African context as better suited to advances in digital technology. While not exactly identical to US 'fair use' provisions, South Africa's provisions are modelled on them. And while certain stakeholders have insisted that they were not sufficiently consulted during the drafting of South Africa's Copyright Amendment Bill, big tech platform and US multinational Google very much were. There have been explicit concerns expressed that the resulting 'fair use' provisions would leave news content published by the South African media free to be guzzled up by Big Tech's search functionality without fair remuneration. Similarly, the 'fair use' regime has been accused of potentially enabling the free extraction of South Africa's creative content for machine learning and application in its generative AI systems. How deep the irony that as the US president sought to engage in the crass humiliation of South Africa's president for his supposed reckless regard for the property rights of white South African farmers, South Africa's highest court was engaging in careful deliberation triggered by Ramaphosa's concerns for the arbitrary deprivation of property. That irony is deeper still when one considers that the gate may have been opened by the emulation of US law, and where the 'property grabs' may be occasioned by US-headquartered Big Tech. But as the Constitutional Court was not conducting itself in the style of some vicious reality TV elimination contest, few were watching. Certainly not Trump. DM Nicole Fritz is the Executive Director of the Campaign for Free Expression (CFE). Ella Morrison is an intern researcher at CFE.
The Star
22-05-2025
- Entertainment
- The Star
South African creatives unite in a powerful demonstration fighting for the rights to fair compensation and ownership of their work
Despite the biting cold, a resolute crowd of South African creatives came together at Constitution Hill on Wednesday to voice their demands for fair earning rights for actors. The march, organised by the South African Guild of Actors (SAGA), highlighted a pressing issue within the industry as performers seek recognition and compensation for their contributions to the arts. Among the notable faces at the demonstration were esteemed actors Kgomotso Christopher, Nambitha Mpumlwana, Loyiso McDonald, and Lawrence Maleka, taking a stand for a cause that they reveal has long been overlooked. Jack Devnarain, Chairperson of the South African Guild of Actors (SAGA), laid bare the critical need for the Performers' Protection Amendment Bill. He asserted that this legislation would enable artists to reclaim ownership of their work, ending decades of neglect regarding their rights to earn royalties. 'For far too long, South African performers have been denied residual earnings and royalties by producers and broadcasters, robbing them not only of a sustainable livelihood but of the dignity and recognition their work deserves. We are also there to honour and fight for the legacy of actors who have passed and whose families continue to be denied the earnings owed to them. The demonstration coincides with the court's consideration of matters related to the Copyright Amendment Bill (CAB) and the Performers' Protection Amendment Bill (PPAB) – vital legislation that, if implemented correctly, would finally codify fair royalties and residuals for actors and other creatives,' he said in a video shared on social media. The march was emblematic of a larger struggle, as SAGA declared their commitment to both current and deceased performers who have long been denied their rightful earnings. The demonstration coincided with the Constitutional Court's deliberation on matters relating to the Copyright Amendment Bill and the Performers' Protection Amendment Bill, both pivotal pieces of legislation that could reshape the landscape for performers in South Africa. At the core of SAGA's campaign is a belief that access, equity, and fair compensation must be the cornerstones of a just society that values the contributions of artists. 'We stand firmly with ReCreate, BlindSA, Section27, Wikimedia South Africa, SADTU, LIASA, and others to advocate for these principles,' stated SAGA. With a call to arms, they urged all South Africans to recognise the invaluable role of the performing arts and the rights of those who devote their lives to storytelling. As lawmakers and the judiciary consider the intricate particulars of impending legislation, SAGA echoed a resounding message: 'We call on them to defend and uphold the rights of performers, ensuring the new legislation is just, inclusive, and enforceable.' [email protected] Saturday Star
IOL News
22-05-2025
- Entertainment
- IOL News
South African creatives unite in a powerful demonstration fighting for the rights to fair compensation and ownership of their work
Amid chilly weather, South African actors and creatives unite at Constitution Hill, rallying for the rights to fair compensation and legacy protection as the Performers Protection Amendment Bill is debated in court. Amid chilly weather, South African actors and creatives unite at Constitution Hill, rallying for the rights to fair compensation and legacy protection as the Performers Protection Amendment Bill is debated in court. Despite the biting cold, a resolute crowd of South African creatives came together at Constitution Hill on Wednesday to voice their demands for fair earning rights for actors. The march, organised by the South African Guild of Actors (SAGA), highlighted a pressing issue within the industry as performers seek recognition and compensation for their contributions to the arts. Among the notable faces at the demonstration were esteemed actors Kgomotso Christopher, Nambitha Mpumlwana, Loyiso McDonald, and Lawrence Maleka, taking a stand for a cause that they reveal has long been overlooked. Jack Devnarain, Chairperson of the South African Guild of Actors (SAGA), laid bare the critical need for the Performers' Protection Amendment Bill. He asserted that this legislation would enable artists to reclaim ownership of their work, ending decades of neglect regarding their rights to earn royalties. 'For far too long, South African performers have been denied residual earnings and royalties by producers and broadcasters, robbing them not only of a sustainable livelihood but of the dignity and recognition their work deserves. We are also there to honour and fight for the legacy of actors who have passed and whose families continue to be denied the earnings owed to them. The demonstration coincides with the court's consideration of matters related to the Copyright Amendment Bill (CAB) and the Performers' Protection Amendment Bill (PPAB) – vital legislation that, if implemented correctly, would finally codify fair royalties and residuals for actors and other creatives,' he said in a video shared on social media. The march was emblematic of a larger struggle, as SAGA declared their commitment to both current and deceased performers who have long been denied their rightful earnings. The demonstration coincided with the Constitutional Court's deliberation on matters relating to the Copyright Amendment Bill and the Performers' Protection Amendment Bill, both pivotal pieces of legislation that could reshape the landscape for performers in South Africa. At the core of SAGA's campaign is a belief that access, equity, and fair compensation must be the cornerstones of a just society that values the contributions of artists. 'We stand firmly with ReCreate, BlindSA, Section27, Wikimedia South Africa, SADTU, LIASA, and others to advocate for these principles,' stated SAGA. With a call to arms, they urged all South Africans to recognise the invaluable role of the performing arts and the rights of those who devote their lives to storytelling. As lawmakers and the judiciary consider the intricate particulars of impending legislation, SAGA echoed a resounding message: 'We call on them to defend and uphold the rights of performers, ensuring the new legislation is just, inclusive, and enforceable.' Saturday Star
IOL News
21-05-2025
- Politics
- IOL News
SADTU supports civil society in pushing for copyright reform to boost schools' access to resources
The SA Democratic Teachers' Union has called for the Copyright Amendment Bill (CAB) to be signed into law to improve access to resources for school children. Image: Supplied The South African Democratic Teachers' Union (SADTU) has thrown its weight behind a coalition of civil society organisations picketing outside the Constitutional Court on Wednesday, urging the President to sign the long-delayed Copyright Amendment Bill (CAB) and Performers' Protection Amendment Bill (PPAB) into law. The protest, led by Blind SA, SECTION27, ReCreate Action, and the South African Guild of Actors (SAGA), seeks to pressure the state into advancing laws that campaigners say are crucial for educational equity, disability rights, and the protection of creatives. The CAB, which amends South Africa's outdated 1978 Copyright Act, and the PPAB, which amends the 1967 Performers' Protection Act, were passed by Parliament in February 2024. However, President Cyril Ramaphosa has not yet signed them into law, citing constitutional concerns with several sections and referring the bills to the Constitutional Court in October 2024. SADTU says the bills are vital to ensuring access to inclusive, decolonised education, especially in under-resourced rural schools. 'Fair copyright legislation is essential to enable teachers to adapt and use materials, enrich them, make them context-specific, and address an increasingly diverse student body,' the union said in a statement. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The Constitutional Court is hearing arguments for two days, starting on Wednesday, on the constitutionality of certain provisions of the CAB, including fair use and exceptions for education and disabilities. Blind SA, represented by SECTION27, is participating as an interested party after winning a court order in 2022 compelling Parliament to amend copyright law to accommodate the blind by September 2024. However, when the CAB was not signed into law and the 2022 court order had lapsed, the groups returned to court to seek relief. The Constitutional Court recently reconfirmed the 2022 order with some amendments. 'We believe that the exceptions for education, libraries, and archives are essential in transforming our society,' said Blind SA. SECTION27 echoed this, calling the CAB a vehicle for equal access to educational materials and cultural participation. Other supporters include the Library and Information Association of South Africa, Wikimedia South Africa, and Right2Know. 'This is an unprecedented coming together of sectors of society who are disadvantaged by current copyright laws,' said ReCreate Action. For actors, the PPAB is equally critical. 'The CAB enables the collection and distribution of royalties, while the PPAB grants performers the right to earn them,' said SAGA, highlighting the vulnerability of performers in an unregulated industry. THE MERCURY
IOL News
21-05-2025
- Entertainment
- IOL News
SAGA stands up for performers' rights at Constitutional Court demonstration
Actor and chairperson of the South African Guild of Actors (SAGA), Jack Devnarain. Picture: Instagram. Image: Instagram The South African Guild of Actors (SAGA) is taking a strong stand for performers' rights by joining a pivotal Constitutional Court demonstration at Constitution Hill in Johannesburg. The demonstration will bring together civil society organisations to demand fair compensation and protection of intellectual property rights for creative professionals. SAGA's participation underscores a long-standing commitment to securing fair earnings for South African actors, both living and deceased. 'For too long, South African performers have been denied residual earnings and royalties by producers and broadcasters,' the Guild said in a statement. 'This not only undermines their ability to sustain a livelihood but also strips them of the dignity and recognition their work deserves.' The demonstration also honours the legacy of actors who have passed on, and whose families continue to be denied the rightful compensation owed to them. This action coincides with the Constitutional Court's consideration of two crucial pieces of legislation: the Copyright Amendment Bill (CAB) and the Performers' Protection Amendment Bill (PPAB). If implemented effectively, these bills would formalise equitable royalty structures and residual payments for actors and other creatives. The Copyright Amendment Bill (CAB) is designed to modernise South Africa's outdated copyright laws, with the aim of ensuring fair remuneration for creators, protecting their moral rights, and recognising digital rights. It also includes provisions for royalty sharing and improved access for education, research, and persons with disabilities. The Performers' Protection Amendment Bill (PPAB) focuses specifically on safeguarding the rights of performers such as actors, musicians, and dancers. It introduces economic rights over recorded performances, royalty entitlements, stronger consent mechanisms, and protections for performers' moral rights. If implemented correctly, these bills would bring South Africa's legal framework in line with international standards and help ensure equitable treatment for artists across the board. SAGA is standing in solidarity with key partners including ReCreate, BlindSA, Section27, Wikimedia South Africa, SADTU, LIASA, and others, united in the belief that access, equity, and fair compensation are the foundations of a just society. 'SAGA urges all South Africans to recognise the value of the performing arts and the rights of those who dedicate their lives to storytelling,' the Guild stated. 'We call on lawmakers and the judiciary to ensure that this legislation is just, inclusive, and enforceable.' IOL Entertainment
