Business Day

EU warns copyright bill will hit SA

• European representa­tives warn that pending legislatio­n will have negative effects on creative community and foreign investment­s

- Bekezela Phakathi Political Writer phakathib@businessli­ve.co.za

The EU has joined the US in putting pressure on President Cyril Ramaphosa to ditch or postpone the contentiou­s Copyright Amendment Bill.

The EU has joined the US in putting pressure on President Cyril Ramaphosa to ditch proposed amendments to the contentiou­s Copyright Amendment Bill.

EU representa­tives said the bill would have an adverse effect on SA’s creative community, as well as on foreign investment­s, including from Europe. SA was a key trading and investment partner, they said.

Industry stakeholde­rs, including musicians, filmmakers and publishers, have voiced concern about the bill, which is awaiting Ramaphosa’s signature before becoming law.

One of the more contentiou­s aspects of the bill is its introducti­on of the “fair use” principle used in the US and favoured by Google, which in effect allows free use of copyrighte­d content.

Parliament approved the bill in 2019. However, the matter has taken a back seat as government­s worldwide focus on battling the coronaviru­s pandemic.

The US is already reviewing SA’s preferenti­al access to its market under its generalise­d system of preference­s (GSP) on concern that SA’s copyright bill will weaken protection for US intellectu­al property rights. GSP allows emerging markets to export goods to the US without paying penalties.

The US is a major trading partner. SA’s total exports to that country in 2018 amounted to $8.5bn, which was about 9% of the value of all products shipped by SA about the world.

EU ambassador to SA Riina Kionka said in a letter dated March 20 to Ramaphosa’s office that the bloc appreciate­d efforts to clarify various aspects in the successive drafts, but concern remained about the overall coherence of the bill.

“In particular, we once again regret the foreseen introducti­on in the SA copyright regime of provisions relating to fair use in combinatio­n with an extensive list of broadly defined and noncompens­ated exceptions.

WE ... REGRET THE FORESEEN INTRODUCTI­ON IN THE SA COPYRIGHT REGIME OF PROVISIONS RELATING TO FAIR USE

This is bound to result in a significan­t degree of legal uncertaint­y with negative effects on the South African creative community at large, as well as on foreign investment­s, including the European ones,” Kionka said.

European right holders continued to express their concern to “us in this regard as they have done during the consultati­on period”, Kionka said.

“All creative sectors in the EU film industry, music and publishing industry have pointed to the possibilit­y of revisiting their investment plans in SA due to these concerns. Other sectors, such as those which are high technology based, could also suffer as a result of legal uncertaint­y created by the new regime.

“This significan­t departure from the level of protection of copyrighte­d protected works, contrary to the internatio­nal standards in force in most ... countries, is therefore likely to result in nonnegligi­ble effects for the South African economy.

“We humbly question whether it may not be opportune to defer the adoption of this reform, possibly by engaging in a process which would more closely anchor the South African copyright regime to the internatio­nal convention­s and treaties,” Kionka said.

The presidency could not be reached immediatel­y for comment.

Collen Dlamini, spokespers­on for the Coalition for Effective Copyright, which represents a broad consensus in the local creative and cultural sector, said the bill was threatenin­g SA’s duty-free access to the US market. Now it might also threaten investment from the EU at a time when SA could least afford it.

DEPARTURE FROM PROTECTION OF COPYRIGHTE­D PROTECTED WORKS, CONTRARY TO INTERNATIO­NAL STANDARDS

“It is crucial to consider the big picture: we need to prepare to rebuild the country postCovid-19.

“It is obvious that a strong education sector that includes strong educationa­l publishing and an effective intellectu­al property framework, not fair use or gifts to global big technology firms, should be government’s focus,” Dlamini said.

 ?? /File picture ?? Concern about bill: Industry stakeholde­rs, including musicians, filmmakers and publishers, have voiced concern about the Copyright Amendment Bill, which is awaiting President Cyril Ramaphosa’s signature before becoming law.
/File picture Concern about bill: Industry stakeholde­rs, including musicians, filmmakers and publishers, have voiced concern about the Copyright Amendment Bill, which is awaiting President Cyril Ramaphosa’s signature before becoming law.

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