Parliament, Monday, 9 May 2022 – In December 2021 the Portfolio Committee on Trade and Industry called on all stakeholders and interested parties to submit written submissions on additional definitions and clauses in relation to the Copyright Amendment Bill. The committee calls now on stakeholders to view submissions made on the additional clauses on parliamentary website and social media platforms.

The committee had initially called for submissions in response to the President’s reservations with respect to the Copyright Amendment Bill. Based on the inputs received, the committee intended going beyond amending the sections in the Act, as envisaged in the Copyright Amendment Bill [B13B-2017], as well as substantive amendments to existing clauses. Therefore, the committee readvertised the relevant clauses and called for further submissions in this regard.

The additional provisions to be considered were as follows:

New definitions: “authorized entity”; “broadcast”; and “lawfully acquired”;

Clause 1(i):

The definition of “technological protection measure” due to the inclusion of “product” and “design” and the deletion of paragraph (b);

The amended definition of “technological protection measure circumvention device or service”;

New clause: Amendments to sections 11A and 11B: Making the new exclusive rights of ‘communication to the public’, ‘making available’ and ‘distribution’ applicable to published editions and computer programmes;

Clause 13:

Section 12A(d): New paragraph (d) making the four factors in paragraph (b) applicable to exceptions in sections 12B, 12C, 12D, 19B and 19C;

Section 12B(1)(b) and 12B(2) providing for new provisions related to ephemeral rights;

Section 12B(3)(b) providing for the factors related to the exception for personal copies to not apply to any other exception that permits a copy to be made;

Sections 12C(2) and 12D(1)(b), (c) and (d): Adding the wording of the three step test as additional factors against which the exceptions must be tested;

Clause 20:

Section 19C(4): The words “commercial purpose” are deleted as it is duplicating subsection (1), however removing only those words provides a different meaning to the wording of subsection (4);

Section 19D(3) and (4)(b) incorporating treaty wording in respect of importing or exporting accessible format copies;

Clause 27: Section 27(5A), (5B) and (5C): New subsection (5A) and (5C), and amended subsection (5B) providing for offenses in respect of digital rights, technological protection measures, and copyright management information; and

Clause 33: Section 39(2): New subsection (2) requiring the Minister to make regulations providing for processes and formalities related to the authorization or recognition of an “authorized entity”.

The submissions were tabled in the Committee on 6 May 2022 and these inputs are being considered by the Committee. The submissions received on these Bills are published on the parliamentary website for perusal.

AfLIA COPYRIGHT LETTER TO SA Redacted
ANFASA Submission 28 January 2022 Redacted
Artists and Communities Unite for Fair Copyright Kyla Jade Mc Nulty,
AV Producers Associations Submission Consultation  Redacted
BlindSA and SECTION27 submissions on the amendments to the Copyright Amendment Bill Redacted
Brian Wafawarowa Redacted
CAPASSO AMENDMENT BILL SUBMISSION 28 JAN 2022 .docx Redacted
CCSA Submission Portfolio Committee 28 January 2022 Redacted
CHELSA and LIASA Submission on Copyright Amendment Bill January 2022 Redacted
CISAC.submission Redacted
Creative Commons SA
DALRO Submission CAB PPAB Amendents 20220127 with image of CCSA Letter Annexed in document10 Redacted
EIFL Submission PC Trade and Industry B13B2017 January 2022 Redacted
eMedia submission CAB Redacted
FIAPF response to PCTI Consultation re Amendments to Copyright Amendment Bill FINAL Redacted
Future Managers Pty Ltd Redacted
Global Expect Network Sean Flynn South Africa Research CAB 2022 Redacted
Google submission on Copyright Amendment Bill 27Jan2022
IFLA Redacted
IFRRO SA submission.final.jan.2021 Redacted
Ilse Assmann Submission Redacted
Innovus Comment Submission January 2022 Copyright Amendment Bill Redacted
IPA submission South Africa Redacted
J Johnson School in Johannesburg Redacted
Joint Academic Opinion
Lanette Fouche draft letter to Parliament CAB Jan 2022
LEDI Copyright Amendment Bill Submission Redacted
MPA SA Final Submission CAB 2022 01 27 Redacted
Mthobela Jan 2022 Redacted
MultiChoice Copyright Bill and PPA Bill submission
NAB Submission Copyright Amendment Bill
NCLIS Submission 28 Jan 2022 Redacted
Nicholson Jan 2022 Redacted
PASA submission on Amendments proposed Final Redacted
Prof Sadulla Karjiker.Written submissions on CAB 2022 Submitted
Prof.Dr Thomas Hoeren Legal Opinion CAB
RECREATE ACTION Comments on Copyright Amendment Bill
RECREATE Opinion In re Copyright Amendment Bill1
ReCreate Submission
Redacted Cory Doctorow Commons On SA TPM Proposal copy
Redacted Minister David Maynier Comments on Copyright Amendment Bill copy
Right2Know Jan 2022 Redacted
RiSA and IFPI Jan 2022 Redacted
RiSA Annex I and II Joint RiSA and IFPI submission on additional definitions and clauses in relation to the South African Copyright Amendment Bill Redacted
SAFREA Creative Copyright Collective Response to call for comments.Redacted
SAIIPL submission Copyright Amendment Bill Redacted
SAMRO Submission Portfolio Committee Redacted
SANCB Tape Aids 28 January 2022 Redacted
Shakila Maharaj on CAB Redacted
South African Guild of Actors Copyright Amendment Bill Written Submission to the National Assembly 2022 Redacted
SUBMISSION FROM SOUTH AFRICAN DEMOCRATIC TEACHERS UNION Redacted
Thomas Hoeren Legal Opinion CAB Redacted
to Minister David Maynier.Copyright Amendment Bill Additional Amendments Cover Letter 
Wikimedia ZA letter to Parliament on Copyright Act Redacted


ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES. 

For media enquiries or interviews with the Chairpersons, please contact:

Name: Rajaa Azzakani (Ms)
Tel: 021 403 8437
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za