Opponents say bill should be scrapped and sent back to the drawing board, while supporters say only tweaks are needed
Controversy over the Copyright Amendment Bill continued to rage in parliament on Wednesday, with opponents arguing that it should be scrapped in its entirety and sent back to the drawing board and supporters saying that only tweaks are necessary.
The bill was dealt with in terms of section 75 of the constitution, which does not involve the provinces, instead of in terms of section 76 that Ramaphosa believed was the appropriate process. The introduction of the fair-use principle used in the US is one of the controversial issues fuelling debate. Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner.
Sadulla Karjiker, Stellenbosch University Anton Mostert chair in intellectual property law, was scathing of the “deeply flawed” bill which he said would be damaging for the economy by eroding the rights of copyright holders and artists who would be at the mercy of big tech companies. It undermined the incentive to creativity. He said the bill should be scrapped and referred back to the department of trade industry and competition for a comprehensive review.
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