Why SA's copyright amendment is still not right
The Copyright Amendment Bill looks good in theory, but would simply not work in practice, writes Tammi Lea Pretorius
The Copyright Amendment Bill, first published in 2015 for public comment, was predominantly met by criticism. While it was clear the overall intention of the bill was to be commended, the legislation seemed good in theory and even looked good on paper at first glance, but would simply not work in practice. It was difficult to unpack and understand when considered in further detail. A revised bill has now been tabled in Parliament and while a number of old issues have been tackled, the drafters have managed to either retain or even create a number of new issues which still need to be tackled. First, what’s right with the revised bill? For starters, it’s a lot easier to read. Although it does still contain portions that are convoluted or poorly worded and could be further refined, overall the arrangement of the bill makes a lot more sense. It contains new provisions relating to the general exceptions regarding copyright protection of computer programs and, on the face of it, these exc...