Copyright Review Commission

November 2010

Copyright Review Commission headed by Judge Ian Farlam setup by the Department of Trade and Industry to review concerns raised by the music industry. The commission originates from the Presidential Conference on Creative Industry in 2009.

Report published

May 2011

Copyright Review Commission publishes its report.

Copyright update announced

22 July 2014

Minister of Trade and Industry announces the Copyright Act will be amended so as to update the act and give better protection to artists and based on recommendations in the Copyright Review Commission.

First DTI Roadshow

Early 2015

Deparment of Trade and Industry(DTI) conducts a number of roadshows around South Africa to get public comment.

First draft of the Bill published

July 2015

DTI publishes the first draft of the Copyright Amendment Bill for public comment. Over 100 comments on the bill received by the DTI by a wide range of stakeholders.

Boksburg conference

27 August 2015

Largest of the stakeholder conference to get public feedback on the Copyright Amendment Bill held in Boksburg attended by over 500 people.

ANC Legal Research workshops

14 October 2017

ANC Legal Research Group organises a stakeholder workshop on the Copyright Amendment Bill attended by Prof. Karjiker, Prof. Owen Dean, Graeme Gilfillan (NISA), Adv. Zodwa Gumede and Advocate Natasha Pather from the Johannesburg Bar followed by debates and smaller workshops.

Second round of public submissions

1st-4th August 2017

DTI opens another round of public submissions for stakeholders to make comments on the Bill, each receiving twenty minutes to present to the parliamentary committee drafting the bill.

Bill split in two

Early 2018

Parliamentary Committee on Trade and Industry decides to split the Performers Protection Act off from the Copyright Amendment Bill so that musicians’ rights could be dealt with first.

Additional calls for public comment

Throughout 2018

Additional calls for public comment on both Bills requested by parliament. Parliamentary Committee on Trade and Industry appointed two task teams to improve the drafting of the bill. One team was largely made up of members of the Copyright Alliance.

Final draft

31 October 2018

Final draft of the two bills finalised by the Parliamentary Committee on Trade and Industry.

Bills passed by National Assembly

15 November 2018

Both the Copyright Amendement Bill and Performers Protection Bill passed by the National Assembly in the South African Parliament. Thereby moving the two bills onto the National Council of Provinces.

Council of Provinces

6 February 2019 to 6 March 2019:

Council of Provinces meets to review the two bills.

Call for another round of public submissions

15 February 2019

Council of Provinces calls for public submissions on the final draft of the Bill with a 22 February 2019 deadline.

Bills passed by both Houses

28 March 2019

The National Council of Provinces passes both Bills. They go to the President for signature.

Bills sent back to Parliament

16 June 2020

The President declines to sign and refers both Bills back to the National Assembly, citing constitutional reservations.

March on the Union Buildings

10 December 2020

ReCreate, BlindSA and community organisations march on the Union Buildings on International Human Rights Day.

Fresh public hearings

2021 – 2022

Parliament reopens public comment on the fair use clauses. ReCreate and partners file legal opinions and submissions.

BlindSA judgment

21 September 2022

The Constitutional Court declares the 1978 Copyright Act unconstitutional for blocking accessible-format copies, and gives Parliament 24 months to fix it.

NCOP hearings and provincial tour

2023

The National Council of Provinces holds a third round of public hearings; ReCreate presents to provincial legislatures.

Bills passed a second time

29 February 2024

Both Houses pass the Copyright and Performers’ Protection Amendment Bills again and send them to the President.

Referred to the Constitutional Court

16 October 2024

The President refers both Bills to the Constitutional Court for a ruling on their constitutionality instead of signing them.

ReCreate admitted as amicus curiae

January 2025

ReCreate Action is admitted as a friend of the court, supported by 19 organisations, and files written submissions in May 2025.

Hearing

21 – 22 May 2025

The Constitutional Court hears argument over two days.

Judgment

26 June 2026

The Court upholds fair use and most of the new exceptions, but declares sections 12D(1)–(5) unconstitutional, so the Bills return to Parliament. What the Court decided · judgment.

ReCreate responds

13 July 2026

ReCreate welcomes the ruling on fair use and calls for swift enactment of the remainder of the Bills. Read the statement.