Reconstituting the Copyright Amendment Bill
Every golfer has had the experience of duffing a shot – driving the ball straight into a water hazard – and, having incurred a penalty stroke, hitting a perfect drive straight down the middle of the fairway at the second attempt. This has given rise to the golfing adage: Confucius say hit second shot first! In similar vein, Parliament has produced a horrendous piece of copyright legislation, but has now been given a second chance to get it right, without incurring any penalty. Will it take up and optimize this break, that is the question? Time will tell. THE ESSENCE OF COPYRIGHT Copyright...
Read MoreAuthors, you’ve got a friend?
INTRODUCTION The New Shorter Oxford English Dictionary gives the following as a meaning of the word “friend”: “A person who wishes another, a cause etc., well; a sympathizer, helper, patron…” Carole King, the famous songwriter/performer, gives a good description of the characteristics of a friend in her iconic song, You’ve Got a Friend. The drafters of the Copyright Amendment Bill (“CAB”), which is currently before Parliament, purport to be the friend of creative persons, referred to as “authors” in respect of all kinds of creative works, including books, songs, paintings...
Read MoreCopyright Blind Spot
INTRODUCTION Blind people are at a distinct disadvantage and face serious challenges when it comes to reading the written word. They need written text to be rendered in braille or in electronic form to permit a text-to-speech functionality with easy navigation across the text. Unfortunately, such adapted-for-disability-utility versions of written text are in short supply or are not always optimally operational. The international community, and more particularly the World Intellectual Property Organization (WIPO), has embraced this plight of the blind. WIPO has fathered the Marrakesh Treaty to...
Read MoreRepresentations Regarding Possible Amendments to Section 25 of The Constitution
Introduction The South African Constitutional Court has ruled that the term “property” in the Section 25 of the Constitution covers not only land but also all forms of property including intellectual property (i.e. patents, designs, copyright trade marks and the like). In the event that, as proposed, this section is amended to allow property to be expropriated without compensation, it will mean that this principle will apply also to intellectual property. All and any patents, copyrights and trade marks etc., whether owned by South African or foreign nationals, will be subject to this...
Read MoreGreat Listening: Discourse on the Copyright Amendment Bill
Prof Sadulla Karjiker, the incumbent Chair of IP Law, joined Hugh Melamdowitz, partner at Spoor & Fisher, and Wiseman Ngubo, head of legal and business Affairs for CAPASSO (Composers, Authors and Publishers Association) on Classic FM 1027’s Classic Business to discuss the diversity of views on the latest draft of the Copyright Amendment Bill. Listen to the podcast below or click here to visit the...
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