Some of the proposed amendments to the Copyright Amendment Bill and the Performers’ Protection Amendment Bill will shortly be advertised for public comment

The Portfolio Committee on Trade and Industry (Committee) met to consider whether new proposed amendments to the Copyright Amendment Bill and the Performers' Protection Amendment Bill (Bills) should be advertised for public comment.  The President sent them back to the National Assembly to reconsider because he was concerned about the constitutionality of these Bills.

The Committee agreed to advertise substantive amendments, namely those that are not of a technical nature, such as incorrect grammar.  The public will be able to view and comment on these amendments soon.

Here is a “sneak peek” into some of the key amendments to the Copyright Amendment Bill which will be advertised. This list is not exhaustive.

Various other amendments have been proposed, including some changes to align the Bills with international treaties and a clause regarding ephemeral rights (the usage of a performer's performance or work by a broadcaster without infringing the copyright holder's rights).

We have included a factual analysis of the proposed amendments in this alert; however, we are concerned with some of these changes and their impact on businesses. Please contact our team of experienced Intellectual Property lawyers to obtain advice about how your business may be impacted.

Written by Carla Collett and Cindy Leibowitz, Webber Wentzel