2022 Copyright Amendment Bill (CAB) – Implications for Creative industries Masterplan/ Universities

The article in Communicare and the three rejoinders on the CAB (see below) will be of interest. The disconnect between the CAB and the Creative Industries Masterplan is discussed. The Masterplan assumes that the Bill will protect creative IP, ensuring its tradable value in a 4IR information economy. The CAB, however, aims to weaken IP (especially in the educational sector).
Detailed responses to the articles have come from a number of practicing copyright lawyers. These advisors to the Publishing Assoc of SA have commented that my article offers a) the most comprehensive statement on the likely effects of the Bill for the educational sector; and b) that a key legal misunderstanding on the part of the pro-Bill lobby relates to an assumption that ‘fair use’ is similar to ‘fair dealing.’ In any event, the Bill, as the four authors argue, has serious implications for the national research economy, let alone the creative sector (as is graphically evident in a number of examples discussed in the article).
Comments are invited on the articles. I will be compiling a further commentary for the journal in liaison with such authors.
Keyan Tomaselli
Statement issued by Communicare
Communicare commissioned a study of the Bill, published in its second open access edition here: “The 2022 Copyright Amendment Bill: Implications for the South African universities’ research economy: https://journals.uj.ac.za/index.php/jcsa/article/view/1479
Three rejoinders were invited, see a) Prof Sadulla Karjiker, of the Stellenbosch University IP Unit (https://journals.uj.ac.za/index.php/jcsa/article/view/2241
b) Brian Wafawarowa, chairman of Publishers Assoc of South Africa (https://journals.uj.ac.za/index.php/jcsa/article/view/2244);
c) Klaus Beiter, a human rights lawyer based at North West University (https://journals.uj.ac.za/index.php/jcsa/article/view/2242)