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The Standing Committee on Finance, Economic Opportunities and Tourism (the Committee) of the Western Cape Provincial Parliament will consider the Copyright Amendment Bill [B 13D–2017] and Performers’ Protection Amendment Bill [B 24D–2016] as part of its constitutional responsibilities.

The purpose of the Copyright Amendment Bill is to amend the Copyright Act, 1978 (Act 98 of 1978), so as to define certain words and expressions; to allow for further limitations and exceptions regarding the reproduction of copyright works; to provide for the sharing of royalties in copyright works; to provide for the payment of royalties in respect of literary, musical, artistic and audiovisual works; to provide for resale royalty rights; to provide for recordal and reporting of certain acts; to provide for the accreditation of collecting societies; to provide for a mechanism for settlement of disputes; to provide for access to copyright works by persons with a disability; to provide for the licensing of orphan works; to strengthen the powers and functions of the Copyright Tribunal; to provide for prohibited conduct in respect of technological protection measures; to provide for prohibited conduct in respect of copyright management information; to provide for protection of digital rights; to provide for certain new offences; and to provide for matters connected therewith.

The purpose of the Performers’ Protection Bill is to amend the Performers’ Protection Act, 1967 (Act 11 of 1967), so as to insert, delete or substitute certain definitions; to provide for performers’ economic rights; to extend moral rights to performers in audiovisual fixations; to provide for the transfer of rights where a performer consents to fixation of a performance; to provide for the protection of rights of producers of sound recordings; to broaden the restrictions on the use of performances; to extend the application of restrictions on the use of performances to audiovisual fixations; to provide for royalties or equitable remuneration to be payable when a performance is sold or rented out; to provide for recordal and reporting of certain acts and to provide for an offence in relation thereto; to extend exceptions from prohibitions to audiovisual fixation and sound recordings and include exceptions provided for in the Copyright Act, 1978; to provide for the Minister to prescribe compulsory and standard contractual terms as well as guidelines for a performer to grant consent under this Act; to provide for prohibited conduct and exceptions in respect of technological protection measures and copyright management information respectively; to provide for further offences and penalties; to substitute certain expressions; to provide for transitional provisions; and to provide for matters connected therewith.

The public hearings are arranged as follows:

Date

Venue

Time

Tuesday 31 January 2023

Oudtshoorn Banquet Hall, 69 Voortrekker Road, Oudtshoorn

17:00 to 19:00

Tuesday 21 February 2023

Stellenbosch Town Hall, corner of Andringa and Plein streets, Stellenbosch

17:00 to 19:00

Wednesday 1 March 2023

Darling Community Hall, 17th Avenue, Darling

17:00 to 19:00

Monday 6 March 2023

Overstrand Municipality Banquet Hall and Auditorium, Harmony Lane, Hermanus

17:00 to 19:00

Tuesday 7 March 2023

Chamber (6th floor), Provincial Legislature Building, 7 Wale Street, Cape Town

17:00 to 19:00

 

Interested persons and organisations are invited to submit written or oral comments on the bills by:

Please include your full name and email address and/or contact number, when submitting comments to the Committee. Submissions must be addressed to the Procedural Officer, Ms Zaheedah Adams. Requests to make verbal presentations at the public hearings must be submitted to the Procedural Officer at least one day before the scheduled public hearing. If you are attending the public hearing at the Cape Town venue, please bring along proof of identification.

The deadline for written submissions is Friday, 10 March 2023.

Copies of the bills: 

Copyright Amendment Bill [B 13D–2017]

Performers’ Protection Amendment Bill [B 24D–2016]

 

 

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