Johannesburg - It’s back to square one for the Copyright Amendment Bill and the Performers’ Protection Amendment Bill.
President Cyril Ramaphosa raised reservations about the constitutionality of the bills last year and referred them back to the National Assembly.
This was after he had considered them for 15 months, with the bills having been passed on December 5, 2018.
The bills became the subject of a public tussle. Some groups celebrated Ramaphosa’s decision, while others accused him of bowing to external pressure.
The US placed South Africa’s preferential access to its market under review due to the bills.
This was after the International Intellectual Property Alliance (IIPA), a US private sector coalition of companies that produce copyright-protected materials including films, music and books, complained to the US government about South Africa’s bills.
IIPA maintained that the bills were “fatally flawed” and failed to provide “adequate and effective protection” to American copyrighted works and sound recordings.
A year after Ramaphosa rejected the bills, the portfolio committee on trade and industry has recommended that the National Assembly consider rescinding its decision to pass the bills.
The committee also wanted the bills referred back to it for processing.
A period for public comments and participation will be opened. The committee said it agreed with Ramaphosa’s reservations that the Copyright Amendment Bill was not subjected to public comment before its final version was published.
The constitutionality of the bills will be tested in the public space, said the committee.
“With regard to the president’s reservation that the copyright exceptions may constitute reasonable grounds for constitutional challenges, the committee does not have to agree or disagree with the president’s reservation as it is recommending a call for further comments. “Constitutionality of these clauses will thus in any event be revisited and any necessary amendments effected.”
The committee took a similar approach to Ramaphosa’s reservations that the remitted bills may not comply with international treaty obligations.
Ramaphosa cited treaties including the WIPO Copyright Treaty, the WIPO Performance and Phonograms Treaty, and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
“… The committee is of the view that the reservation related to international treaties can be dealt with in conjunction with the call for public comments to be done on other reservations,” said the committee.
“In considering such inputs, the committee may then appraise itself of whether the bills do indeed comply with these treaties or not and, if necessary, effect amendments to the bills.”
The Star