Have Your Say: Specific Clauses of the Copyright Amendment Bill [B13-2017] and the Memorandum on the Objects of the Bill

The Portfolio Committee on Trade and Industry hereby publishes specific clauses of the Copyright Amendment Bill [B13-2017] and the Memorandum on the Objects of the Bill for public comment. The specific clauses are as follow:

  • Clause 1, par (i): The definition of “visual artistic work”.
  • Clause 5: Section 6A(4): The minimum content of the agreement related to

royalty percentages.

  • Clause 5: Section 6A(5): The issue of retrospective application .
  • Clause 7: Section 7A(4): The minimum content of the agreement related to royalty percentages.
  • Clause 7: Section 7A(5): The issue of retrospective application.
  • Clause 7: Section 7B(3)(a)(i) read with section 7B(5): Reciprocal application of the resale royalty right.
  • Clause 7: Section 7B(6): Retrospective application of an artist’s resale right.
  • Clause 9: Section 8A(4): The minimum content of the agreement related to royalty percentages.
  • Clause 9: Section 8A(5): The issue of retrospective application.
  • Clause 11: Section 9A(1)(aA): Log Sheets.
  • Clause 11: Section 9A(4): Failure to record acts or to report constituting an offence and the penalty for that offence.
  • Clause 12: Section 11 - Nature of copyright in programme-carrying signals.
  • Clause 15: Section 15: Panorama rights and incidental use.
  • Clause 22: Section 21(3): New process for commissioned work aimed at giving the author more rights.
  • Clause 25: Section 22B(7): Transitional provisions to provide for existing Collecting Societies.
  • Clause 25: Section 22C(3)(c): Reciprocity applying to pay-outs of royalties by Collecting Societies to foreign countries.
  • Clause 25: Section 22D(2)(b) and 22D(3)How Collecting Societies should pay royalties out and what to do with funds if they cannot find the copyright owner or performer.
  • Clause 27: Section 27(6): Increased penalties for infringement. Provision for fines when the convicted person is not a natural person.
  • Clauses 29 and 30: Copyright Tribunal:
  • Section 29: Composition.
  • Section 29A(3): No power to review administrative action by the Commission.
  • Section 29E: Proceedings of the Tribunal.
  • Clause 37: Transitional provision.

Members of the public are invited to submit written comment on these clauses only by Monday, 9 July 2018. Comments received after the closing date will not be considered. Should you require a copy of the draft amended Bill, please contact the Committee Secretaries (details below).

All correspondence should be addressed to Ms J Fubbs, Chairperson: PC on Trade and Industry and marked for the attention of Mr A Hermans, Box 15, Parliament, Cape Town 8000.

Kindly direct all enquiries and written submissions to the Committee Secretaries, Mr A Hermans, Mr T Madima, and Ms Y Madikanza .

By email: ahermans@parliament.gov.za | tmadima@parliament.gov.za | ymanakaza@parliament.gov.za

By telephone: Mr A Hermans (021) 403 3776 or 083 709 8482

Mr T Madima (021) 403 3822 or 083 709 8419