About Fair Use

Fair Use - an overview

Fair Use as Consumer Protection

The Four Factors that Define Fair Use

Fair use doctrine

Fair use complies with the three-step test

FAQs about Fair Use generally

Fair Use Fundamentals (Infographic)  

"Fair use"​ does not conflict with Berne

Local Organisations Supporting Fair Use

• Department of Arts and Culture (May 2017)

• Department of Basic Education (2018)

• Library and Information Association of SA (LIASA)

• Ministry of Arts & Culture’s Legal Deposit Committee

• National Council for Library and Information Services (NCLIS)

• ReCreate SA (represents artists, filmmakers, creators, etc.)

• South African Democratic Teachers Union (SADTU)

  • Official expression of support for Fair Use

• South African National Editors Forum

  • Sanef Celebrates the Inclusion of the “Fair Use” Principle in the Copyright Amendment Bill

• South African Teachers’ Union (SATU)

  • Letter to the Parliamentary committee in support of Fair Use

• Southern African Research Universities Association (SARUA)

• Universities South Africa (representative body for 26 public funded universities)

• Wikimedia ZA

  • Letter in support of Fair Use and Freedom of Panorama in the Amended Copyright Act.

• Informally by NGOs, e.g. Freedom of Expression Institute, Media Monitoring Group, and ENCODE, as well as many individual IP academics.

International Organisations Supporting Fair Use

• International Federation of Libraries & Institutions (IFLA) – represents libraries in 150 countries

• International Council for Archives (ICA)

• Global Expert network on Copyright User Rights

• Library Copyright Alliance (USA)

• Australian Digital Alliance and Australian Libraries Copyright Commission

• German Coalition for Action “Copyright for Education and Research”

• African Union for the Blind (relating to persons with disabilities)

• Electronic Information for Libraries (eIFL)

Downloadable Content & Information

Here is a short list of downloadable content and information about the South African Copyright Amendment Bill.

Fair Use vs Fair Dealing - Australia

A video produced by Creationistas - Australian Copyright Is Broken (3 November 2013) effectively illustrates the difference between Fair Use and Fair Dealing and how it impacts both consumers and producers of creative content. Australia has similar Fair Dealing regulations as South Africa making this video useful to understanding the situation in South Africa as well.

DTI Copyright Presentation to parliament

31 May 2018

TI’s response to DAC’s presentation on 18 May 2018. The DTI has reconsidered deleting fair use provisions and is now proposing a hybrid approach, based on the Singapore model, which would open up the current fair dealing provisions.  
 

PARLIAMENTARY Communication

Communication to stakeholders on the Copyright Amendment Bill from the South African Parliament.  17 May 2018

DAC Presentation to Parliament

Presentation to Parliament by the Department of Arts and Culture (DAC) on the 17th May 2018 on their opinion regarding the Copyright Amendment Bill. The DAC supported ReCreate positions on removing default ownership of commissioners and state funders of our copyrights, and on regulating collective management. But of particular concern is their position opposing Fair Use, which reflects a number of misunderstandings. 

Freedom of Panorama - Wikimedia ZA

Submission to the Department of Trade and Industry by Wikimedia South Africa calling for the inclusion of Freedom of Panorama into the Copyright Amendment Bill.  September 2015.

COMMENTS TO THE SOUTH AFRICAN PARLIAMENT ON THE COPYRIGHT AMENDMENT ACT (B-13-2017)

A list of written, video, and audio sources in support of reforming the South African Copyright Act can be found on the infojustice.org website here.

Submissions can be found from:

1. Wikimedia South Africa

2. Documentary Filmmakers Association

3. Media Monitoring Africa

4. Library and Information Association of South Africa

5. Freedom of Expression Institute

6. Centre for Health Innovation and the Public Interest

7. S.A. National Council for the Blind

8. South African Guild of Editors

9. Library Copyright Alliance

10. Australian Digital Alliance

11. Google South Africa

12. Uhuru Productions

13. South African Screen Federation

14. American Chamber of Commerce in South Africa

15. International Federation of Film Producers Associations

16. University of Cape Town Intellectual Property unit

17. University of Witwatersrand

18. University of Abertay Dundee

19. American University Washington College of Law

20. American University Washington College of Law

21. Loyola University Chicago School of Law

22. American University Washington College of Law

23. Anton Mostert Chair of Intellectual Property Law, Stellenbosch University

Useful Links

Below is a list of links to useful content and publications

Resources

• South African Copyright Amendment Bill Draft No. 2, 2018

• Copyright and Related Matters - University of Witwatersrand

• Fair Use / Fair Dealing; whats the difference? - University of Witwatersrand

In the media

• ReCreate SA calls for creator rights in copyright reform now (23 May 2018), Desai, Rahad; Mohapi, Lulamile; Cashdan, Ben; Fokane, Tusi. Mail and Guardian.

• New Organization Formed In South Africa To Promote The Rights Of Creators And Support Intelligent Copyright Reform (29 May 2018), Glyn Moody, TechDirt.

Other sites

• The importance of Freedom of Panorama for Wikipedia. For South Africa. Wikimedia ZA, Wikimedia Commons.

• Commons:Freedom of panorama, Wikimedia Commons.