Activists waiting for Copyright Act ruling
Pasha Alden, who is visually impaired, is among the many South Africans hoping that the highest court in the land will confirm that the 1978 Copyright Act is unconstitutional.
In a case brought by BLIND SA and Section 27 in September 2021, the Gauteng high court found the Act unconstitutional because of the barriers it imposes on people who are blind or visually impaired who want to convert books into accessible formats like Braille.
The next step in changing SA’s law to promote the rights of blind or visually impaired people was to appear before the Constitutional Court.
The respondents – the minister of trade, industry and competition, the minister of international relations and co-operation, the speaker of the National Assembly, the chair of the National Council of Provinces and SA’s president – did not oppose the case.
Section 27 confirmed to Talk of the Town that they were still waiting for judgment to be handed down.
Talk of the Town spoke to Alden, who works at the South African Library for the Blind as an advocate for Braille good practices and facilitates the delivery of services to Braille readers, about how the law affects her life.
“I am an absolute bookworm. Like a former schoolteacher of mine, I read things that aren’t mainstream. So often we just don’t have access to those works because we cannot obtain copyright to reproduce them in alternative formats such as Braille, large print and audio.”
It’s something many people take for granted: they can get books at a library, bookshops or share through a book club.
“I belong to a book club of Afrikaans readers, but it became very tough to get relevant works – books that people are talking about at that time.
“Maybe I will get whatever you’re reading now – a New York Times bestseller. But I’ll only get it years after you’ve read it. So what you’re discussing now – issues that are relevant to you, and to me and society now – I will only be in a position to discuss then in two, three, four years.”
The copyright law is just one of the many obstacles that differently abled people must deal with to participate fully in society. For some, like Alden, this has strengthened their resolve to make it easier for others.
Coming up in Talk of the Town is a new series, “Lessons with Laika”. Laika is Alden’s guide dog – a familiar sight in Port Alfred and Makhanda.