Parliament, Thursday, 15 February 2024 – Yesterday, the Portfolio Committee on Trade, Industry and Competition adopted the Copyright Amendment Bill, as well as the Performers’ Protection Amendment Bill, as amended by the National Council of Provinces (NCOP). Committee Chairperson Ms Judy Hermans said both Bills were returned to the committee for consideration after the NCOP made further amendments to them. The amendments to the Copyright Amendment Bill included providing for equitable remuneration or share of royalties; aligning the Bill with the Constitutional Court judgement in relation to people with visual impairments; and clarifying that a legal defence for the circumvention of the technological protection measures would include any act permitted by law. The amendments also clarify that the powers granted to the Minister to prescribe matters to be included in agreements do not extend to matters that would limit contractual freedom. In this regard, the words “standard elements” is used instead of “compulsory and standard terms” and the phrase “to ensure that rights or protection afforded by this Act are duly provided for” is included, to stress that the elements relate to protection of vulnerable parties and is not intended to limit contractual freedom. It is further amended so that royalty rates and tariffs can only be prescribed in respect of resale of royalty rights. Regarding the NCOP amendments to the Performers’ Protection Amendment Bill, these include deleting the definition of “broadcast”; and clarifying that performers, as defined in this legislation, do not include extras, ancillary participants or incidental participants. They further amend that the written agreement must at least contain the standard elements, as may be prescribed by the Minister, to ensure that rights or protection afforded by this Act and the Copyright Act are duly provided for. The committee adopted both Bills. However, the Democratic Alliance, the African Christian Democratic Party and the Freedom Front Plus voted against the Bills in their totality, citing among other things, concerns regarding the powers of the Minister and public participation concerns. Ms Hermans said both Bills have had extensive public participation since being introduced in Parliament. She said the Bills will now be sent to the National Assembly for consideration and adoption. ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON TRADE, INDUSTRY AND COMPETITION, MS JUDY HERMANS For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer: Name: Rajaa Azzakani (Ms) Tel: 021 403 8437 Cell: 081 703 9542 E-mail: razzakani@parliament.gov.za
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