Rationale of copyright exceptions*
NATURE OF COPYRIGHT Copyright is a body of law that provides creators of written and other works with the power to exercise control over the commercial exploitation of their works. The rationale is to place authors in a position to derive material benefits from the fruits of their labours in creating original works, thus providing them with a means of deriving income and incentivizing them to create more and better works for the benefit of all. In practice, this is commonly achieved by enabling authors to charge royalties or fees for the commercial exploitation of their works. The term...
Read MoreWritten submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill
Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour to submit written comments on the two Bills. The full texts of the Chair’s comments are available for download here. Download comments on the CAB Download...
Read MoreWritten submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill – Western Cape
Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Western Cape Provincial Parliament’s Standing Committee on Finance, Economic Opportunities and Tourism (“Standing Committee”) to submit written comments on the two Bills. The full texts of the Chair’s comments are available for download here. Download comments on the...
Read MoreOwen Dean’s Amicus Curiae Founding Affidavit in the Blind SA matter
Here is the downloadable version of Prof Owen Dean‘s amicus curiae founding affidavit in the matter of Blind SA v Minister of Trade, Industry and Competition [2022] ZACC 33. Download here
Read MoreDefects in Copyright Amendments Exposed
STATUS OF THE COPYRIGHT AMENDMENT BILL For literally years, informed commentators on copyright law have been telling the Government that the Copyright Amendment Bill is fundamentally flawed, badly drafted and misguided in many respects. Alas, none so blind as those who will not see and none so deaf as those who will not hear! The machinations around the passage of the Bill through Parliament and abortive attempts to make cosmetic improvements to it have led to it being a work in progress for more than five years now. It was passed, warts and all, by Parliament at the end of the past decade...
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