South African artists and creatives are opposing the Copyright Amendment Bill as introduced in the National Assembly and redrafted by the Portfolio Committee on Trade and Industry. In its current form, The Copyright Amendment Bill formed in 1987 during the Apartheid regime is exploitative of South African artists. The Bill, amongst other things, seeks to provide for certain exceptions in respect of infringement of copyright for educational purposes.

WHAT IS THE PURPOSE OF THE BILL?

The purpose of the proposed amendments to the Act is to protect the economic interests of authors and creators of work against infringement by promoting the progress of science and useful creative activities. "It is also envisaged that the proposed legislation will reward and incentivise authors of knowledge and art. Various sectors within the South African Copyright regime are dissatisfied. Ranking highest are local performers and composers, who have not benefitted due to the lack of access to the Copyright system," it states. "Thus, the Bill aims to make copyright consistent with the digital era, developments at a multilateral level, and international standards and introduce improved exceptions and limitations into Copyright law. The Bill also aims to enhance access to and use of copyright works, to promote access to information for the advancement of education and research, and payment of royalties to alleviate the plight of the creative industry.

UNCONSTITUTIONAL

The Copyright Bill and its amendments were declared unconstitutional after Bling SA instituted a court action at the Johannesburg High Court. The National Assembly passed the Copyright Bill in September 2022 and transferred it to the National Council of Provinces of SA for concurrence. According to the Cultural and Creative Industries of Gauteng, the bill does not favour artists and creatives and will continue to ensure that artists die paupers. Creatives recently marched to the Gauteng Legislature to request that the outdated bill be amended before signing it.

CREATIVES OPPOSING THE BILL

Creatives say as it stands the bill will continue to leave them poor, if not worse.

Mzawakhe Mbuli says that when TV shows are repeated on television abroad. they earn a living as opposed to South Africa. "Had Joe Mafela been abroad he would not have died without money. So, the more repeats you have, you continue to earn," he says. "In South Africa, 16 artists were expelled on Generations, including the late Menzi Ngubane. There we are refighting the fact that there are repeats of their programs but they are not benefitting from that," he says. 

Singer and Activist Sibongile Mngoma says: "As creatives, let us agree that we all need change. It affects us and generations. You are talking about an amendment bill that needs rights, an IP bill that gives rights, and then fair use that takes away those rights." 

TV producer and director from Yellowbone Productions, Jamil Qubeka says filmmaking impacts the overall economy, transport, food and catering and so forth. "Just us as a company, we have made over six feature films, and drama series that have traveled the world. But most importantly, we brought jobs to people at times when there were no opportunities," he says. "This is not about the filming of any production. The legacy of what the South African creative industry brings to the economy is unprecedented. Not just us but all of the contributors. The impact of filmmaking in terms of the economy doesn’t just sit in the silo of filmmaking. The impact across all sectors means it is high time the government pays attention to what we do. These bills will not do that, instead, they will tie our hands behind our back."

Yvonne Chaka Chaka says: "If we sign this bill in its current state. It is going to be disastrous. We are asking the president and the powers that be to look at the current bill. We don’t want to go back after 10 years when our children want to be in the creative industry, they are having the same issues."

THE BILL AND WHY IT’S USED

To amend the Copyright Act, 1978, so as to define certain words and expressions; to allow for the reproduction of copyright work; to provide for the protection of copyright in artistic work; to provide for the accreditation of Collecting Societies; to provide for the procedure for settlement of royalties disputes; to allow fair use of copyright work; to provide for access to copyright works by persons with disabilities; to provide for the protection of ownership in respect of orphan works; to strengthen the powers and functions of the Copyright Tribunal; to provide for prohibited conduct in respect of technological protection measures; to provide for prohibited conduct in respect of copyright management information; to provide for management of digital rights; to provide for certain new offenses; and to provide for matters connected therewith.