Copyright reform in South Africa from a librarian's perspective: A case study approach

Abstract

Copyright law in South Africa was modelled on British copyright law but updated and enacted by the apartheid regime in 1978. Limitations and exceptions for libraries, archives, education and research are scant and have never been updated. The legislation makes no provision for people with disabilities and in view of its age, does not address the digital environment. This chapter provides a historical timeline of attempts since 1998 to amend the Copyright Act No. 98 of 1978. Advocates for fair and more balanced copyright laws have pursued a strong campaign for change within the framework of access to information as a human right. As a result of opposing perspectives and polarisation amongst stakeholders, the copyright reform process has been a long and contentious road, without a successful outcome to date. A progressive Copyright Amendment Bill was approved by the South African Parliament in March 2019. Legal action was taken by Blind SA; international pressure was applied by the US Trade Representative; representations came from the European Commission; and actions were taken by international and local rightsholder groups and collective management organisations. The President of South Africa referred the Bill back to Parliament in June 2020 for review of some sections on the grounds of constitutionality. Parliament made various recommendations in 2021 and called for more public comments and online public hearings, which were recorded during August 2021. A further call for comments on new amendments to the Bill was made in December 2021. The Bill was retagged as a Section 76 Bill for processing through the provincial legislatures, resulting in further delays. It is hoped the review will be expedited and produce a positive and efficient outcome for all stakeholders.