/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Ahead of the meeting of the Portfolio Committee on Trade and Industry on Tuesday 25th and Wednesday 26th August 2020, the Copyright Coalition calls for a more nuanced perspective on the Copyright Amendment Bill.

In the virtual meeting held last week Tuesday, 18 August 2020, the Portfolio Committee considered fundamental issues affecting the constitutionality of the Bill. These include procedural deficiencies, the retrospective and arbitrary deprivation of property, the impermissible delegation of legislative power and, most importantly, the lack of public consultation on a critical component of the Bill, the introduction of a ‘Fair Use’ regime into South Africa’s intellectual property regime.

These are some of the concerns which led to President Cyril Ramaphosa referring the Bill back to Parliament for reconsideration in June 2020.

In their presentation on these critical issues, the Department of Trade and Industry relied heavily on the submission of the proponents of the Bill. They failed to accurately and fully present the arguments against the Bill, a grave omission that undermines the committee’s ability to properly consider all the interests at stake. 

The result of this over-reliance on the same flawed arguments can only produce a similarly unconstitutional Bill.

The repercussions of passing another bill similar to the current one will be far-reaching for the national economy. South Africa cannot afford an untested intellectual property regime that threatens our duty-free exports to the United States and desperately needed foreign investment. The creative and cultural sectors in particular have taken a beating from COVID-19 and will not survive another failed process.

A nuanced discussion of the Bill must engage with the concerns of all affected stakeholders, and those of intellectual property and industry experts. That is how can ensure that the bill which emerges is constitutionally compliant, supports the growth of our creative industry, and protects the rights of artists.

We therefore look forward to seeing a more balanced discussion in Portfolio Committee. This is the only way to ensure that we do not replicate our past mistakes in this intellectual property reform process. 

Issued by The Copyright Coalition  of South Africa