About Fair Use
Fair Use as Consumer Protection
The Four Factors that Define Fair Use
Fair use complies with the three-step test
Fair Use Fundamentals (Infographic)
“Fair use” does not conflict with Berne
Local Organisations Supporting Fair Use
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Department of Arts and Culture (May 2017)
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Ministry of Arts & Culture’s Legal Deposit Committee
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National Council for Library and Information Services (NCLIS)
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ReCreate SA (represents artists, filmmakers, creators, etc.)
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Universities South Africa (representative body for 26 public funded universities)
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Informally by NGOs, e.g. Freedom of Expression Institute, Media Monitoring Group, and ENCODE, as well as many individual IP academics.
International Organisations Supporting Fair Use
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International Federation of Libraries & Institutions (IFLA) – represents libraries in 150 countries
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Australian Digital Alliance and Australian Libraries Copyright Commission
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German Coalition for Action “Copyright for Education and Research”
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African Union for the Blind (relating to persons with disabilities)
Downloadable Content & Information
Here is a short list of downloadable content and information about the South African Copyright Amendment Bill.
COPYRIGHT AMENDMENT BILL (Draft 4.2)
November 2018
Final version of the proposed Copyright Amendment bill with Fair Use replacing Fair Dealing (clause 13, page 12). ReCreate South Africa supports this draft bill for enactment into law.
Fair Use in South Africa
28 October 2018
Interviews on the importance of adopting Fair Use in South Africa with university students, publishers, film and media industry representatives, documentary film makers, librarians, free knowledge contributors, and disability activists.
Comments on the Copyright Amendment Bill before the National Council of Provinces
Dr. Andrew Rens, Internet Governance Lab American University, Washington DC
22 February 2019
This submission points out that the current Copyright Act is outdated and in great need of updating to be suitable for the digital environment and that the current Amendment Bill [B 13B—2017] tackles many of these problems.
Fair Use vs Fair Dealing – Australia
A video produced by Creationistas – Australian Copyright Is Broken (3 November 2013) effectively illustrates the difference between Fair Use and Fair Dealing and how it impacts both consumers and producers of creative content. Australia has similar Fair Dealing regulations as South Africa making this video useful to understanding the situation in South Africa as well.
DTI Copyright Presentation to parliament
31 May 2018
TI’s response to DAC’s presentation on 18 May 2018. The DTI has reconsidered deleting fair use provisions and is now proposing a hybrid approach, based on the Singapore model, which would open up the current fair dealing provisions.
PARLIAMENTARY Communication
Communication to stakeholders on the Copyright Amendment Bill from the South African Parliament. 17 May 2018
DAC Presentation to Parliament
Presentation to Parliament by the Department of Arts and Culture (DAC) on the 17th May 2018 on their opinion regarding the Copyright Amendment Bill. The DAC supported ReCreate positions on removing default ownership of commissioners and state funders of our copyrights, and on regulating collective management. But of particular concern is their position opposing Fair Use, which reflects a number of misunderstandings.
Freedom of Panorama – Wikimedia ZA
Submission to the Department of Trade and Industry by Wikimedia South Africa calling for the inclusion of Freedom of Panorama into the Copyright Amendment Bill. September 2015.
ASSESSMENT of the Regulatory Proposals on the Intellectual Property Policy Framework for South Africa – Genesis
The report aims to assess the social and economic impact of the regulatory proposals in the DTI’s draft IP policy and to identify whether each of the proposals is sufficient, efficient and suitably designed to meet its objectives. July 2014.
COMMENTS TO THE SOUTH AFRICAN PARLIAMENT ON THE COPYRIGHT AMENDMENT ACT (B-13-2017)
A list of written, video, and audio sources in support of reforming the South African Copyright Act can be found on the infojustice.org website here.
Submissions can be found from:
Useful Links
Below is a list of links to useful content and publications
Resources
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Copyright and Related Matters – University of Witwatersrand
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Fair Use / Fair Dealing; whats the difference? – University of Witwatersrand
In the media
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ReCreate SA calls for creator rights in copyright reform now (23 May 2018), Desai, Rahad; Mohapi, Lulamile; Cashdan, Ben; Fokane, Tusi. Mail and Guardian.
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New Organization Formed In South Africa To Promote The Rights Of Creators And Support Intelligent Copyright Reform (29 May 2018), Glyn Moody, TechDirt.
Other sites
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The importance of Freedom of Panorama for Wikipedia. For South Africa. Wikimedia ZA, Wikimedia Commons.
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Commons:Freedom of panorama, Wikimedia Commons.