On 28 March 2019, the Copyright Amendment Bill was passed by the National Council of Provinces. As it has been passed by both Houses of Parliament, it has therefore now been sent to the President for assent.
This follows the decision of the Select Committee on Trade and International Relations on 20 March 2019 to adopt the Copyright Amendment Bill B13B-2017, without amendment, by a vote of 6-3.
The purpose of the Copyright Amendment Bill is to align copyright with the digital era and developments at a multilateral level. As set out in the long title, the objects include 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.
The Copyright Amendment Bill (via the Parliamentary Monitoring Group) is accessible here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].