We are a coalition of writers, filmmakers, photographers, educational content producers, software and video game developers, technology entrepreneurs, artists, poets, producers of accessible format materials and other South African creators.

 

We call on Government to include in the ongoing copyright reform three key issues to enable us to create the next generation of South African content for the world.

The Right to Create.

Current law lacks many modern exceptions to copyright.  We need these exceptions to make original work and to exercise our freedom of expression.

The Right to Own.

Current law makes the commissioner of many works the default owner of our art. This restricts ability of many to distribute, re-mix and profit. 

The Right to Earn.

Current law does not adequately protect us against abuses and exploitation.  

 
 
 Censored version of the Two Statues of Gugulethu Seven Memorial in Gugulethu, Cape Town. Done to illustrate the importance of   Freedom of Panorama in South Africa   due to the ambiguous way the Copyright Act deals with media of public works of art that prevents the sharing of such material online.  Source:  Wikimedia Commons , CC-BY-SA 4.0, author - Nkansahrexford

Censored version of the Two Statues of Gugulethu Seven Memorial in Gugulethu, Cape Town. Done to illustrate the importance of Freedom of Panorama in South Africa due to the ambiguous way the Copyright Act deals with media of public works of art that prevents the sharing of such material online.

Source: Wikimedia Commons, CC-BY-SA 4.0, author - Nkansahrexford

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News


10 December 2018

Statement by ReCreate South Africa on the passing of the Copyright Amendment Bill

ReCreate South Africa is a coalition of coalition of writers, filmmakers, photographers, educational content producers, software and video game developers, technology entrepreneurs, artists, poets, producers of accessible format materials and other South African creators. ReCreate South Africa welcomes the passing of the Copyright Amendment Bill by the National Assembly. This historic move provides clear guidelines and balance between the rights of creators and users. ReCreate South Africa notes the lengthy consultative approach adopted by Parliament’s Portfolio Committee on Trade and Industry. We applaud the passage of a bill that serves creator interests by respecting three key rights to enable us to create the next generation of South African content for the world:

THE RIGHT TO CREATE.

The Bill creates modern exceptions to copyright, including a balanced “fair use” right, that permit digital and other uses necessary to make original work and to exercise our freedom of expression.

THE RIGHT TO OWN.

The Bill removes the Apartheid-era standard that made the commissioner of many works the default owner of our art.

THE RIGHT TO EARN.

The Bill improves the regulation of contracts and collective management organisations to ensure we are paid for our work and protected against abuse and exploitation. The Copyright Amendment Bill is a step in the right direction in that it brings South African legislation in line with its international treaty obligations. The hybrid system improves on the fair dealing system by introducing a fair use principle. Fair use provides a list of four criteria which will provide better access to information. The exceptions for uses such as research, education, libraries, archives, format shifting and for people living with disabilities are welcomed.These amendments are long overdue and provide the necessary clarity in our copyright law. ReCreate further welcomes the support of creators, teachers’ unions, educators, authors, and student activists who look forward to the implementation of the fair use system and access to knowledge and information.

For further information please contact:

Tusi Fokane (ReCreate Coordinator) tusifokane@gmail.com

Download a copy of this statement here.


8 December 2018

In the news

  • Copyright bill a ray of hope (5 December 2018) - by Marcus Low - Business Day
    ”Parliament is doing important work in modernising our law and bringing into line with global treaties”

 

5 December 2018

Updates on reforming the copyright act


Today's vote in the House on the Copyright Amendment bill.

From 48:10 to 1:55:36 is the first vote on the Bill. There after until 2:58:44 they are voting on the Performers Protection Bill until the second vote on the Copyright Amendment Bill again from 2:58:44 to 3:07:55.

The Copyright Amendment Bill passed on the second vote with no abstentions, 197 “yes” votes and 4 “no” votes. The next step for the bill is to appear before the National Council of Provinces for concurrence.

Voting patters of each party on the Copyright Amendment bill.

Other updates

  • Why ‘fair use’ is so important for South African copyright law (25 November 2018) - Denise Rosemary Nicholson - The Conversation
    ”“Fair use” is a doctrine adopted by some countries that permits the use of copyright material like books, journals, music and art work – without requiring permission from the copyright holder. It provides a balance between the just demands of rights-holders and the need for people to use copyright material for education, research, in libraries and archives.”

  • LETTER: Copyright bill a ray of hope (5 December 2018) - Marcus Low - Business Day

    “It has been too easy to be critical of parliament in recent years. Yet the passing of important legislation such as the Public Audit Act and now potentially the Copyright Amendment Bill shows that important and socially valuable work is still being done in parliament.”

  • Defending Fair Use In South Africa (4 December 2018) - by Sean Flynn, Peter Jaszi, and Mike Carroll - Intellectual Property Watch
    ”On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat.”

  • Promoting Education Rights In South African Copyright Reform (4 December 2018) - By Eve Gray and Desmond Oriakhogba - Intellectual Property Watch

    “The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors. It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades. It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.”



10 November 2018

Fair Use in South Africa

Recently in the Media

  • Decolonised education means giving poor students fair use of textbooks (08 November 2018) - Thabiso Bhengu - The Daily Vox
    ”We need to update our copyright laws to allow poor students fair use rights of textbooks, which remain prohibitively expensive for most,”

  • New Copyright Exceptions Treaty Proposed By Civil Society; Seeking Country Support (08 October 2018) - IP Watch
    ”Negotiations on possible exceptions to copyright for specific actors such as libraries, archives, universities and research institutions at the World Intellectual Property Organization have been stalling for years. Last week, a group of civil society organisations published a proposed draft treaty text for copyright exceptions for educational and research activities. Now they are seeking support from WIPO members to shoulder the text.”


26 October 2018

in the media


26 September 2018

in the media


15 September 2018

in the media


5 September 2018

Recent news relating to the amending of the South African Copyright Bill

Below is a list of recent articles appearing in the South African media:


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