Legislation: Copyright Bill issues touched on by Ramaphosa

In determining the fate of the 2017 Copyright Amendment Bill, ‘all’ legislation applicable to ‘artists, creators, educators, broadcasters and owners’ ‘must’ be considered, according to President Cyril Ramaphosa. He made this observation in the official version of a eulogy delivered on Saturday at the funeral of the late Joseph Shabalala, founder of Ladysmith Black Mambazo – ‘the first and the only full-time professional choir (in SA) that could live on royalties and concert fees alone’. ‘In the memory of Bab’ Shabalala, let us ensure that our artists receive their dues, that they are not exploited, and that their rights to their works are protected for their benefit and for the benefit of their descendents,’ the President said, reports Pam Saxby for Legalbrief Policy Watch. 

Although the eulogy made no mention of the 2016 Performers’ Protection Amendment Bill, Ramaphosa has expressed reservations about the constitutionality of both pieces of legislation (TimesLIVE), which were sent to his office last March for signature. However, although the public consultation and broader participation process followed by Parliament featured in discussions during a meeting of the National Assembly’s Sports, Arts & Culture Committee last November, there have been no official pronouncements on the President’s intentions. This despite widespread media coverage of conflicting views on the likely impact of the Copyright Amendment Bill in particular, should it ever become law.

Most recently, concerns about the Bill’s negative implications for ‘big US entertainment companies under the umbrella of the International Intellectual Property Alliance’ (Daily Maverick) prompted the Office of the US Trade Representative in Washington to conduct a country practice review of SA’s eligibility for special status in terms of the US generalised system of preference. According to the Department of Trade & Industry, ‘the South African Government has been engaged constructively in this process and the review is still unfolding’.