Copyright bill may go back to parliament

President Cyril Ramaphosa looks set to send the contentious Copyright Amendment Bill back to parliament amid concerns that if passed into law in its current form the US could suspend SA from a trade-preference programme.

President Cyril Ramaphosa looks set to send the Copyright Amendment Bill back to parliament amid concern that if it becomes law in its current form the US could suspend SA from a trade-preference programme.

Washington is reviewing SA’s preferential access to its markets due to concern that the bill threatens intellectual property rights. The suspension could cost the country at least R12bn in exports to the US.

Sports, arts & culture minister Nathi Mthethwa said the copyright bill and the Performers’ Protection Amendment Bill, need to be reworked, taking into account stakeholder concern.

Stakeholders including musicians, filmmakers and publishers, have raised concern about the copyright bill in particular. One of its more contentious aspects is its introduction of the “fair use” principle used in the US and favoured by Google, which, in effect, allows for the free use of copyrighted content.

Parliament recently approved the bill, which is now waiting for Ramaphosa’s signature before becoming law.

“The only thing I can say is that government will never pass a law which people have raised rational points against ... we never operate that way. We have listened to what people are saying and ours is to advise the president and that is what we are doing,” said Mthethwa.

The International Intellectual Property Association — which represents US companies that produce copyright-protected material, including computer software, films, TV programmes, music, books and journals (electronic and print media) — is objecting to the bill because of the risk it poses to US IP rights.

At the weekend, the Coalition for Effective Copyright, representing a broad consensus within the local creative and cultural sector, welcomed Mthethwa’s remarks on the need to put the brakes on the bills.

The presidency could not be reached for comment on Sunday.