Copyright: Constantly Evolving
We’ve written a fair bit about copyright recently, and much of our focus has been on how the digital age has brought about a marked change in attitude towards copyright (often bordering on ignorance), and has made copyright infringement much easier. In this article, we look at two further examples that reflect this trend. We also look at proposed changes to South African copyright law.
· the Bill made provision for moral rights for performers, something that is the domain of other legislation, the Performers’ Protection Act, 1967;
· the Bill created a host of new criminal offences, including one that made it an offence to “omit” to pay royalties;
· the Bill had peculiar provisions regarding “orphan works”, providing that the ownership of such works would pass to the state on death, and that the state would then hold the rights in perpetuity, being able to license them but not assign them;
· in keeping with the somewhat statist nature of the Bill, there was a great deal of focus on administration, such as collecting societies and a new Intellectual Property Tribunal;
· the Bill contained requirements for broadcasters to prioritise local content.
IP director rsikwane@ENSafrica.com cell: +27 83 529 3639
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