President Cyril Ramaphosa has referred the Copyright Amendment Bill and the Performers\u2019 Protection Amendment Bill back to the National Assembly, based on reservations the President has about the constitutionality of the legislation passed by parliament.<\/p>\n
In a statement<\/a> <\/strong>on Monday (22 June), Ramaphosa said he is\u00a0concerned that the legislation is open to constitutional challenge.<\/p>\n Ramaphosa highlighted specific concerns with how the bills were tagged<\/a><\/strong>, however, he also noted that parts of the bills may come into conflict with existing international copyright regulations.<\/p>\n Ramaphsa said he ‘has reservations that several sections of the Copyright Amendment Bill (which) may constitute retrospective and arbitrary deprivations of property’ in that copyright owners will be entitled to a lesser share of the fruits of their property than was previously the case.<\/p>\n “President Ramaphosa is concerned as well that substantial amendments affected to various sections of the Bill \u2013 including Section 12A which deals with the fair use of a work or performance of a work \u2013 were not subjected to public comment before the final version of the Bill was published.<\/p>\n “Other reservations cited by the President include copyright exceptions provide for in the Copyright Bill that may constitute arbitrary deprivation of property; may violate the right to freedom of trade, occupation and profession, and may be in conflict with the World Intellectual Property Organisation (WIPO) Treaty and the WIPO Performance and Phonograms Treaty, both of which South Africa subscribes to.<\/p>\n “The President believes that if these exceptions and limitations run the risk of constitutional challenges, they require reconsideration by the National Assembly.”<\/p>\n Depending on any amendments made, these bills may still be assented to at a later date if Ramaphosa deems that highlighted issues have been addressed.<\/p>\n Letter to Ramaphosa\u00a0<\/strong><\/p>\n In February a group of prominent South African individuals, trade unions and non-profit organisations urged<\/a> <\/strong>Ramaphosa to sign the draft Copyright Amendment Bill and Performers\u2019 Protection Bill into law.<\/p>\n The open letter \u2013 published by the\u00a0Mail & Guardian<\/a><\/strong>\u00a0\u2013 includes signatories such as the former justice of the Constitutional Court Zak Yacoob and Umunyana Rugege, executive director of Section27.<\/p>\n They argue that the legislation is vital for the promotion of inclusive economic growth, broadening access to education and creating jobs in South Africa.<\/p>\n \u201cThere is a great deal of innovation and investment into South Africa that is being deterred by failure to sign the bills,\u201d the letter states.<\/p>\n \u201cTechnology companies require a balanced approach to copyright to invest in new growth sectors such as artificial intelligence.\u201d<\/p>\n The groups also argue that the rights of several groups are being denied by the failure to allow the bills to pass into law. These include that:<\/p>\n \u201cWe feel it would be harmful and detrimental to our country for you to allow further time to elapse before passing the bills into law,\u201d the letter states.<\/p>\n Controversy<\/strong><\/p>\n The proposed legislation is a point of significant controversy because it could damage South Africa\u2019s trade relations with the US as it is seen to violate terms of the Generalised System of Preferences (GSP) under the US Trade Act.<\/p>\n The Office of the United States Trade Representative is now holding\u00a0public hearings<\/a><\/strong>\u00a0in Washington D.C. on South Africa\u2019s eligibility for the GSP programme.<\/p>\n The country\u2019s eligibility for the GSP programme has been called into\u00a0question<\/a>\u00a0<\/strong>as a result of the passing of the Copyright Amendment Bill in parliament last year.<\/p>\n\n