10 December 2018
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.