Denise Nicholson, a Copyright consultant at Scholarly Horizons, contends that criticism of a Copyright Amendment Bill in South Africa is misguided and harms authors and creators. She believes that the Bill contains some of the world’s most progressive copyright provisions, enhancing authors’ rights to create, own, and be fairly compensated for their work. Nicholson notes that opponents, backed by global publishers and music labels, focus on the Bill’s expanded limitations and exceptions for education and research; Sections 12 and 19C of the Bill will enable authors, creators and other users of information to access vast resources and special collections, including our cultural heritage for various purposes, including innovation, research and the creation of new works. In her Mail & Guardian column, she outlines the Bill’s benefits:
The Bill supports authors and creators by allowing transformative use under fair use principles and removing complete ownership of commissioned works by the paying party. It also includes provisions for licensing orphan works and benefits for people with disabilities, enabling libraries and museums to digitize and preserve works. Authors and creators will also have stronger ownership rights under this bill, with perpetual licenses being banned and a requirement for works to be re-licensed after 25 years. The Bill also prevents contractual overrides of lawful exceptions and expands moral rights to include all works, which can be waived but not transferred. Finally, the Bill aims to protect authors from unfair contracts and exploitative practices by ensuring fair royalties and regulating collecting societies for transparency. Visual artists will receive royalties on commercial resales, and the linked Performers’ Protection Amendment Bill will enable performers to earn royalties for the first time.
Nicholson urged President Cyril Ramaphosa to sign the Bill, emphasizing its potential to benefit individuals, enhance education and innovation, and advance socio-economic development.
The original Mail & Guardian article is available here: https://mg.co.za/thought-leader/opinion/2024-05-09-copyright-bill-enables-creatives-to-own-their-work-and-be-paid-fairly/
