About
From Copyright Act
Welcome to the Open Review of the South African Copyright Act 1978.
While the corporate sector has a long history of engaging in advocacy for changes it deems suitable to copyright law in South Africa civil society and SME participation has been sporadic at best, and largely uncoordinated.
Advocacy for Access to Knowledge in South Africa requires a clear, consistent, thorough critique of current South African copyright legislation. The Alternative Law Forum review of the Indian Copyright Act has proven that a section by section review of existing legislation is a helpful analytical tool for those engaging in policy making in the area of copyright.The project involves a review of the provisions of the South African Copyright Act 1978 with particular focus on sections which impact access to knowledge, especially access to learning materials.
With your help this project will:
- collect civil society views on the current Copyright Act (98 of 1978),
- present a section by section review of the South African Copyright Act 98 of 1978 which sets out suggested changes (in principle rather than detail) where appropriate, from a civil society point of view,
- identify those provisions which civil society participants regards as unsuitable,
- conduct an audit of Copyright law according to the methodology created under the auspices of the Commonwealth of Learning
- in parallel to the review and prior to its completion identify two or three discrete proposals for amendment of the current Act in the August to September 2007 session of the South African Parliament.
[edit] Why?
The primary current South African copyright legislation, the Copyright Act of 1978, was passed in a policy environment inimical to the present day South Africa, and its development goals. At the time of its passage the apartheid state was intent on demonstrating the country's identity as European. Unbelievable as such a claim may now seem, it gave rise to legislation which uncritically mimicked developed world legislation, and emphasised technocratic mastery of the mechanics of copyright administration. The policy imperatives of development and human rights, enshrined in South Africa's current constitution have not yet transformed copyright law.
Copyright, like other intellectual property laws, can present technical difficulties to those engaged in socio-economic analysis of the law and its impacts. Undue reliance on technical experts risks policy capture by experts invested in the developed world ideologies which threaten to dominate the international crafting of copyright policy in such arenas as the World Intellectual Property Organisation.
It is thus imperative for Access to Knowledge advocacy that those engaging in research, advocacy and the legislative process be provided with a guide which links the mechanics of the current act to its impact on access to knowledge. This review will link knowledge policy debate and technical details of copyright legislation, precisely such a guide or at least the foundation for such a guide.
Copyright law has not changed as rapidly as the revolutionary technological change. This has proven to be the case both globally and in South Africa. The difference in pace of change generates uncertainties about creativity with new media.
[edit] Who
Who should comment?
Anyone, civil society, corporate or government may comment in the discussion section. We welcome all input. The review itself will highlight positive suggestions for change from civil society
If you do not regard yourself as fitting in any of those categories please comment anyway. Your contribution will be preserved for posterity on the review site, under a Creative Commons licence in the discussion section even if it doesn't make it into the summary on the section.
We are especially interested in the views of New Media creators; bloggers, podcaster's, vloggers and peer-producers of all kinds. You may regard yourself as a business person as well as New Media creator, no matter, we regard your views as severely under-represented, and will endeavour to include them in the review.
Who is civil society anyway?
In the context of access to knowledge the following are usually regarded as civil society voices; educators, learners, librarians, sensory disabled persons, non profit organisations, citizen journalists, independent artists, musicians and movie-makers, bloggers and vloggers.
[edit] Important Dates
- 2 July 2007 - Copyright Wiki is installed