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ConCourt declares sections of the Copyright act invalid and unconstitutional

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ConCourt declares sections of the Copyright act invalid and unconstitutional

Legal scales

21st September 2022

By: News24Wire

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The Constitutional Court has declared certain sections of the Copyright Act invalid, unconstitutional and inconsistent with the rights of persons with visual and print disabilities.

BlindSA took Government to court arguing that the Copyright Act is an "apartheid-era" law that infringes on the rights of persons with visual disabilities.

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The apex court declared that sections 6 and 7, read with section 23 of the Copyright Act 98 of 1978, are unconstitutional, invalid, and inconsistent with the rights of persons with visual and print disabilities, as set out in sections 9(3), 10, 16(1)(b), 29(1) and 30 of the Constitution.

Confirming an earlier Gauteng High Court order, the court found that these provisions of the Copyright Act limit the access of such persons to published literary works and artistic works as may be included in such literary works, in accessible format copies.

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