Wednesday 27 November 2019

Afro Chic

The Copyright Amendment Bill- A bid to save the poor?


The Copyright Amendment Bill is a controversial piece of pending legislation that has led to much discord in the IP community. Many seem to think that it completely disharmonises the system of creation and control- one of the hallmarks of copyright law in national and international systems. With a world-first interpretation of the doctrine of fair use creating broad exceptions, there are many instances where creators will stand to have diminished rights over their work.
In a society that has long since prided itself on reward for one’s endeavors, what is the reason for this departure? The difficulty with which lawmakers are faced appears to be that South Africa is also one of the most unequal societies in the world with often only a privileged few being able to benefit from copyrighted goods. Current copyright law precludes unauthorised use of works in most circumstances and this means that in some instances only a small number of people have access to these works- regardless of whether this is in the public interest or not. A prominent example perhaps is that of academic literature. Many students find the cost of books prohibitively expensive and thus cannot benefit from the content of the works. This inhibits their ability to access education, which prevents them from being able to lift themselves out of poverty. This perpetuates cycles of social exclusion, which is contrary to the prescripts of the Constitution- an instrument with which all law must accord.
It is also important that laws in a country reflect one single system of governance. If a country is dedicated to making law and policy that is pro-poor, then it stands to reason that all law and policy ought to lean in this direction. Much is presently in the works to bring this about, with the reimagination of property rights set to hit many different sectors. Phenomena such as expropriation of land without compensation, national health insurance and prescribed assets are all on the table and our government has made its leftist ideology very clear in this regard. The aftermath of Apartheid means it’s time to do business differently- specifically that it is no longer all about business but rather that things ought to be done in the name of uplifting the poor and disadvantaged.
But who will this actually uplift? Most certainly we all ought to work together to create a more equal society, but will the fair use exceptions really accomplish this? Are these provisions of the Bill a justifiable limitation of the rights of creatives? Will knock-on effects such as a potential brain-drain and job loss really uplift the poor or is it government’s responsibility to do so? Is taking away people’s livelihoods truly democratic or is it a dangerous plunge towards a complex socialist system our government cannot properly run? Is taking something away from one person to give to another not more of the proverbial “stealing from Peter to pay Paul” than bringing about substantive equality? Indeed there are many questions and the answers are not clear cut. One can only hope that all of this is thoroughly considered by South Africa’s President before the Bill is signed into law.
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