Defects 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...
Read MoreReconstituting 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 MoreFull comments: Copyright Amendment Bill 2018
Following its comprehensive review and comments submitted on the 2015 and 2017 versions of the Copyright Amendment Bill, the Chair of IP law has again submitted comments on the 2018 version. The full text of the Chair’s comments, authored by Proff Sadulla Karjiker and Owen Dean, is available for download here. Download...
Read MoreFull Review: Copyright Amendment Bill 2017
The Chair of IP Law has submitted its commentary on the 2017 Copyright Amendment Bill, version B13-2017, published by the Department of Trade and Industry on 16 May 2017, pursuant to Government Gazette (Notice 799 of 2017 (GG 40121, 5 July 2016). The full text of the Chair’s comments, drafted by Prof Sadulla Karjiker and Mr Cobus Jooste, is available...
Read MoreOpen Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017
The Anton Mostert Chair of Intellectual Property Law at Stellenbosch University (the “Chair”) has addressed an open letter to the Minister of Trade and Industry, Rob Davies, concerning the Copyright Amendment Bill [B13-2017] (the “2017 Bill”), published by the Department of Trade and Industry (“DTI”) on 16 May 2017. In light of the poor drafting of the 2017 Bill, and its far-reaching consequences, the Chair has urged the Minister: to extend the period within which written submissions must be made; and, to ensure that the 2017 Bill, as currently drafted, is not passed as...
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