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The Copyright Amendment Bill

A printed copy of the Copyright Amendment Bill lying open on a table
The Copyright Amendment Bill — first tabled in 2017, and still not law.

The campaign

The Copyright Amendment Bill

South Africa’s copyright law dates from 1978. The Amendment Bill would finally introduce fair use, exceptions for education, libraries and people with disabilities, and protections that let creators keep earning from their own work. It has been through Parliament twice, three rounds of public hearings, two presidential referrals and the Constitutional Court. In June 2026 the Court upheld fair use — but sent the Bills back to Parliament to repair one section, so they are still not law.

How we got here

A nine-year journey through Parliament and the courts

“The Constitutional Court’s endorsement of fair use represents a significant victory for balanced copyright reform.”

ReCreate statement, 13 July 2026
  • May 2017The Copyright Amendment Bill (B13-2017) is introduced in Parliament, followed by the first round of public hearings in August.
  • May 2018ReCreate South Africa is formed — a coalition of creators, educators, libraries and disability groups campaigning for fair use.
  • Dec 2018 – Mar 2019The National Assembly and then the National Council of Provinces pass the Bill. It goes to the President for signature.
  • Jun 2020Instead of signing, the President sends both Bills back to Parliament, citing constitutional reservations about the new exceptions.
  • Dec 2020Creators, BlindSA and community organisations march on the Union Buildings on International Human Rights Day.
  • 2021 – 2022Parliament reopens public comment on the fair use clauses. ReCreate and partners file legal opinions and submissions.
  • Sep 2022In BlindSA the Constitutional Court declares the 1978 Copyright Act unconstitutional for blocking accessible-format copies, and gives Parliament 24 months to fix it.
  • 2023The NCOP holds a third round of public hearings and ReCreate presents to provincial legislatures around the country.
  • 29 Feb 2024Both Houses pass the Copyright and Performers’ Protection Amendment Bills a second time and send them to the President.
  • Oct 2024The President again declines to sign, and instead refers both Bills to the Constitutional Court for a ruling on their constitutionality.
  • 2024 – 2025ReCreate is admitted as a friend of the court (amicus curiae) and files written submissions in support of the exceptions.
  • 21–22 May 2025The Constitutional Court hears argument over two days in Johannesburg.
  • 26 Jun 2026Judgment. The Court upholds fair use and most of the new exceptions, but strikes down the broad education exceptions in section 12D(1)–(5). The Bills return to Parliament to be fixed before the President can sign.
  • 13 Jul 2026ReCreate responds. ReCreate and the 19 organisations that backed its amicus application welcome the ruling on fair use and call on the DTIC, the Presidency and Parliament to repair section 12D quickly so the rest of the Bills can be enacted. Read the full statement.

Full blow-by-blow timelines: Wikimedia South Africa’s timeline · the Bill on PMG · Performers’ Protection Bill on PMG.

Read the Bill & legal opinionsLegal archiveAdd your organisation

More background: the resources hub collects the Bill text, FAQs, infographics and the campaign timeline. See also in the media.