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dti: dti to host a conference on copyright law chnages

Rob Davies
Photo by Duane Daws
Rob Davies

20th August 2015

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Department of Trade and Industry (the dti) will host a consultative conference on the Copyright Amendment Bill at Birchwood Hotel in Kempton Park, on 27 August 2015. The Copyright Amendment Bill was published for public comments on 27 July 2015, proposing dramatic changes to change the lives of artists in regard to royalties and standard minimum contract terms, to prevent the contractual abuse that has seen a number of artists dying as paupers over the years.

The opening remarks for this conference will be delivered by the retired Judge Ian Farlam, who was appointed by the Minister of Trade and Industry, Dr Rob Davies in 2010 to chair the Copyright Review Commission. The Copyright Review Commission recommendations form the basis for the proposed changes to the copyright law.

According to Davies, the Copyright Amendment Bill in particular, responds to the recommendations that were made by the Copyright Review Commission.

“It further incorporates the flexibilities that are in line with international agreements to facilitate access to education and reading materials, especially to those that are visually impaired. Within the creative industry, artists, performers and crafters remain vulnerable, with no real bargaining power in negotiating terms and conditions for the use of their work. Further, most of them unknowingly sell their rights through assignment clauses in contracts, limiting their potential to earn royalties for their work and make a sustainable livelihood,” says Davies.

He adds that the creative industry continues to be one of the priorities in the Industrial Policy Action Plan and the National Development Plan, and that the Copyright based industries contribute close to 5% to our Gross Domestic Products and towards job creation.

“With the existing growth potential of the creative industry, it is important to ensure that it is stimulated, also through government support, and that the regulatory framework encourages such growth and development. It is crucial that we bring confidence to this industry” emphasises Davies.

He says the department is excited about the conference as it will help in achieving consistency and coherence in the approach of various stakeholders and government departments, in relation to copyright matters.

“The aim is to find the right balance in the views expressed by the industry and the public in general,” he adds.

Davies says  discussions at the conference will be centred on the state of the copyright based industry in South Africa, the proposals in the Copyright Amendment Bill that include inter alia issues of royalty management, contract management, increase of local content to 80%. Included in discussions will also be the introduction of flexibilities to advance access to education and learning materials for the nationals and people with disabilities, make orphan works the property of the state, use of copyright works and non-legislative interventions in the copyright industry, amongst others.

The universal purpose of Copyright is to reward and incentivise creators of knowledge and art, and the Copyright Amendment Bill proposes minimum and standard contract terms to protect the vulnerable groups.

Speakers at the conference will include academics, musicians, creative industry bodies, government officials and other stakeholders. The new SA Music Industry Council led by Mr Eugene Mthethwa and the Creative Industry Federation of SA led by Mr Tony Kgoroge are also on the program to address pertinent industry issues.

 

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