SA Copyright Amendment Bill Major Provisions 2019 https://tinyurl.com/SACopyBillB

	A	B	C
1	Section 1978 Act	Subject	Provision Summary (Text: 2019 version: https://libguides.wits.ac.za/c.php?g=145331&p=6597157)
2	7	Communicating to the Public/Distributing to the public	Adds exclusive rights of communicating to the public and distributing to the public. Sometimes called "needle time" for its roots in UK law limiting the time gramaphones could be used instead of live performances on BBC radio.
3	15	Incidental use + Panorama Rights	Expands incidental and background use rights to include audiovisual works and works in public spaces.
4	21	Commissioned works	Current law states that the commissioning party of a film, photograph or art shall . . . be the owner of any copyright subsisting therein." The Bill would change this to "the ownership of any copyright subsisting in the work shall, subject to subsection (3), be governed by written agreement between the parties." In absent of agreement, the commissioning party does not own all rights but rather receives "limited ownership . . . as may be necessary for the purpose of the commission." The author can approach the Tribunal for royalties for other uses or for a license to use the work for purposes not commissioned.
5	22	Reversion of literary and musical works	Rights in musical and literary works assigned to others revert to authors after twenty five years.
6	27	Technological protection	Provides criminal sanctions for tampering with technological protection measures.
7	28	Paralell Importation	Provides for importation of products lawfully put on market in other countries; prohibits importation of copies that would have violated South African law when put on market in other country.
8	29	Tribunal	Updates the powers of the copyright tribunal.
9	39	Regulations	Expands Minister’s regulation making authority to include "prescribing compulsory and standard contractual terms to be included in agreements to be entered in terms of this Act;" "prescribing permitted acts for circumvention of technological protection measures contemplated in section 28B"; "prescribing royalty rates or tariffs for various forms of use;" "prescribing the percentage and period within which distribution of royalties must be made by collecting societies;"
10	12A	Fair use	Adopts an open fair use clause that permits free uses of works that do not substitute for the work in the market. 12A. (a) In addition to uses specifically authorized, fair use in respect of a work or the performance of that work, for purposes such as the following, does not infringe copyright in that work: (i) Research, private study or personal use, including the use of a lawful copy of the work at a different time or with a different device; (ii) criticism or review of that work or of another work; (iii) reporting current events; (iv) scholarship, teaching and education; (v) comment, illustration, parody, satire, caricature, cartoon, tribute, homage or pastiche; (vi) preservation of and access to the collections of libraries, archives and museums; and (vii) ensuring proper performance of public administration. (b) In determining whether an act done in relation to a work constitutes fair use, all relevant factors shall be taken into account, including but not limited to— (i) the nature of the work in question; (ii) the amount and substantiality of the part of the work affected by the act in relation to the whole of the work; (iii) the purpose and character of the use, including whether— (aa) such use serves a purpose different from that of the work affected; and (bb) it is of a commercial nature or for non-profit research, library or educational purposes; and (iv) the substitution effect of the act upon the potential market for the work in question. (c) For the purposes of paragraphs (a) and (b) the source and the name of the author shall be mentioned.
11	12B	Specific exceptions	Updates specific exceptions, including for quotation, illustration, by the press, personal copies, and other purposes. The main change is to make all existing exceptions applicable to all works - simplifying the law.
12	12C	Temporary copies	Authorizes temporary copies that are made as part of technological processes.
13	12D	Education	Provides exception for the use of extracts "to the extent justified by the purpose" for educational use (including in course packs). Section 4 "extends to the reproduction of a whole textbook— (a) where the textbook is out of print; (b) where the owner of the right cannot be found; or (c) where authorized copies of the same edition of the textbook are not for sale in the Republic or cannot be obtained at a price reasonably related to that normally charged in the Republic for comparable works." (5) The right to make copies shall not extend to reproductions for commercial purposes. (7) (a) The author of a scientific or other contribution, which is the result of a research activity that received at least 50 per cent of its funding from the state and which has appeared in a collection, has the right, despite granting the publisher or editor an exclusive right of use, to make the final manuscript version available to the public under an open licence or by means of an open access institutional repository.
14	19B	Reverse engineering	Adopts exceptions for use of computer programs in reverse engineering.
15	19C	Libraries, archives and museums	Provides for exceptions to enable the functions of libraries, museums and archives. Creators use libraries and archives for their research.
16	19D	Disability	Provides exceptions to facilitate creation of accessible format copies for people with disabilities.
17	22A	Orphan works	Provides a mechanism for the use of orphan works where the copyright owner no longer exists or cannot be located.
18	22B-F	Collective management reform	Provides for the accreditation, regulation and member control of collecting societies – including that pay outs of royalties be based on actual reports of use.
19	23(1)	Technological protection	Provides protection of copyright, technological protection measures and rights management information.
20	28O	Technological protection	Makes provision of equipment and services to circumvent technological protection measures illegal.
21	28P	Technological protection exceptions	Provides for exceptions permitting circumvention of technological protection measures to access materials for purposes permitted by fair use and other user rights in the Act.
22	28R	Technological protection exceptions	Prohibits tampering with rights management information.
23	28S	Rights Management Information Exceptions	Permits altering rights management information where it would not facilitate violation of copyright.
24	2A	Idea/Expression Dichotomy	Clarifies that copyright does not protect ideas or official government texts. Clarifies that “Copyright protection subsists in expressions and not in the case of computer programs, in interface specifications.”
25	39B	Unenforceable Contract Terms	Prohibits sales contracts that "prevent or restrict" fair use rights, or require a creator to "renounce" their copyright.
26	6A (7)	Retrospective Royalty Right	Makes the royalty right apply to assignments made before the Act goes into effect. The royalty requirement itself only applies to the period after the Act goes into effect - "The share in the royalty only applies to royalties received, in respect of a work contemplated in paragraph (a), after the commencement date contemplated in section 38(2) of the Copyright Amendment Act, 2017."
27	6A,	Royalty sharing	Mandates that publishers and other sellers of works share "royalties" (defined as "gross profit") with authors (6A, 7A) and performers (8A), "subject to any agreement to the contrary"
28	7A, 8A, 9A	Royalty Sharing	Mandates that publishers and other sellers of works share "royalties" (defined as "gross profit") with authors (7A) and (royalties undefined) performers (8A)
29	7B	Resale royalty	Adopts an artist resale royalty right.
30	9(e)
31	Schedule 2, Part A	Compulsory License Translation	Provides for process to seek compulsory license to make translation of works into underserved languages.
32	Schedule 2, Part B	Compulsory License Unavailable works	Provides for process to seek compulsory license to reproduce works not made available in South Africa after a reasonable time.