IP Unit submits its comments to the DTI concerning the Copyright Amendment Bill

Screen Shot 2015-05-19 at 16.36.20 PMOn 16 September, the IP Unit submitted comments regarding the DTI’s Copyright Amendment Bill. Our comments are based on an in-depth collaborative analysis carried out by a group of leading international and domestic experts and scholars working in the field of copyright law. Our comments are geared towards facilitating a balanced, modern, sound, coherent and practically relevant copyright regime that complies with relevant international instruments and, even more importantly, sufficiently incentivises and maximises creativity in South Africa through protection and sufficient access for the benefit of society at large. We commend the DTI on a transparent and open stakeholder consultation process and its desire to tackle the difficult task of amending our Copyright Act. Moreover, we generally welcome the proposed introduction of the more flexible fair use doctrine into South Africa’s copyright legislation. However, in order to function in the intended manner, the entire system of copyright exceptions and limitations needs, in our opinion, to be adjusted as proposed in our submission. Our submission is structured as an outline document – it comments on provisions in the Bill that are of particular importance and concern to us. We do not attempt an exhaustive review of the Copyright Bill but rather aim to highlight selected areas of concern.