Introduction
ReCreate South Africa (“ReCreate”) is a non-profit association, established in 2018 to advocate for a balanced Copyright Act that includes modern creators’ rights.
ReCreate is a coalition of writers, filmmakers, photographers, educational content producers, software and video game developers, technology entrepreneurs, artists, poets, producers of accessible format materials, freedom of expression advocates, and other South African creators. For more on our membership and leadership see https://www.re-createza.org/partners
ReCreate exists to promote the interests of South African creators with regards to copyright legislation and other policy matters. We are an organization of creators — with interests distinct from that of collective management organizations, publishers, or other intermediaries in the copyright system.
ReCreate commends the Department of Trade and Industry, National Assembly Portfolio Committee for Trade and Industry, and the National Council of Provinces on its public participation process in relation to the proposed Copyright Amendment Bill, and for affording our constituency an opportunity to comment. We understand that some who oppose the outcome of the process claim that the process itself was flawed. We disagree. All sides of this debate have been adequately heard.
As much as we are creators, we are users of existing cultural products. Currently our work can be blocked through censorship by those who claim to own our culture. Moreover we often do not own the work we create. And many of us have been disadvantaged by an exploitative system which fails to pay us for our work. We support the proposed copyright reforms that promote our rights to create, own, and earn from our works.
Growing the digital economy requires innovation. South Africa is at a disadvantage to other those other countries which have flexible copyright laws that support creativity.
ReCreate South Africa welcomes the Copyright Amendment Bill’s clear guidelines and balance between the rights of creators and users. We applaud the promotion of three key rights to enable us to create the next generation of South African content for the world:
1. THE RIGHT TO CREATEThe 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.
2. THE RIGHT TO OWN.
The Bill removes the Apartheid-era standard that made the commissioner
of many works the default owner of our art.
3. 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.
ReCreate commends the Bill for including a hybrid fair use right that combines a flexible general user right with a series of specific exceptions.
