For additional articles and posts on the CAB click here.
General questions on
the CAB:
Where can one find the
latest version of the Copyright Amendment Bill?
Did any international,
regional or domestic policies, documents or research form the framework of the
Copyright Amendment Bill?
What was the Farlam
Copyright Review Commission (CRC)?
Is the SA Bill in
conflict with our international IP treaties?
Is the Bill compliant
with the 2013 Marrakesh Treaty?
Is the Bill
unconstitutional?
Was the public given
adequate time to participate in the process of CAB?
Why was the copyright
term not extended to 70 years in the Bill as many other countries have done?
Is the clause on
unenforceable contracts legal?
Does the Bill amount
to expropriation of local content without compensation?
Will the Bill limit
the right to freedom of trade, occupation or profession as provided for in
Section 22 of the Constitution?
Will the Bill lead to
the Minister of Trade and Industry being able to prescribe the terms of
publishing contracts, taking bargaining power away from authors?
Will authors/creators
be affected by regulation of collecting societies?
Does reversion of
assigned copyright after 25 years negatively affect authors?
Does Section 12B
(1)(a) in the Bill encourage plagiarism?
Is the exception for
course-packs for educational purposes unique to South African copyright law?
Does the Bill protect
data?
Does the Bill allow
text and data mining?
Why is the Bill
important for all stakeholders?
Does the Bill enable
SA to benefit from the 4th Industrial Revolution?
What is Parallel
Importation?
Are Parallel Importation
Restrictions (PIRs) prescribed in international intellectual property
agreements?
Why has the Bill not
included provisions for content filters, similar to the recent EU Directive?
What are the
President’s obligations with regard to a Bill that has been approved by the
National Assembly and the National Council of Provinces?
Questions on the
doctrine of fair use
Why has the Bill
adopted concepts such as fair use, which originated in other countries?
Will fair use lead to
greater recourse to the courts and a dependence on U.S. jurisprudence, causing
unnecessary financial problems for authors or publishers?
Under fair use, can a
whole textbook be copied and 2000 copies be made for students, without
permission?
Are the provisions for
fair use in SA Bill much wider than fair use in the U.S.?
Should the fair use
provisions in the Bill be accompanied by statutory damages?
Does the PWC Report
quoted by rights owners present the true picture about fair use and other
provisions in the Bill?
What impact did
‘expanded fair dealing’ (not fair use) have on the Canadian publishing
industry?
Did the introduction
of fair use negatively affect the publishing industries of countries that
adopted it?
Do transformative uses
of copyright works compete with the market of the original work of the authors
and publishers?
Will every case
relating to fair use have to go to the courts for a decision?
Was fair use
recommended in the WIPO Study commissioned by the DTI in 2011?
What does the Handbook
of South African Copyright Law say about fair use?
Does the Australian
Law Reform Commission's Report 122 (2014) entitled "Copyright and the Digital
Economy" say anything about fair use?
What is New Zealand’s
approach to fair use?
Where can one find
more information about fair use?
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Image credit: Iñaki
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