Panel discussion on the meaning and implications of the Copyright Amendment Bill (CAB): 28 January 2025

Panel discussion on the Copyright Amendment Bill

Hosted by the Southern African Freelancers’ Association (Safrea)
Tuesday 28 January 2025, 16:00 - 18:00

PANELLISTS: (see below for panellists’ bios)

• Adrian Galley
• Chola Makgamathe
• Diana Neille
• Christiaan Steyn

FACILITATOR:

• Alexis Grewan, co-organiser of the event, and freelance copyeditor. She is the immediate past chairperson of the Professional Editors’ Guild (PEG) and a former member of Safrea.

OTHER SPEAKERS:

• Kay Johnstone, co-organiser of the event, and freelance writer and editor. She is the current vice-chair of Safrea.
• Nathi Gule, freelance marketing and PR specialist. He is the current chairperson of Safrea.

Meeting summary

The meeting focused on the South African Copyright Amendment Bill, discussing its implications, the need for copyright protections for creatives, and the importance of a balanced approach in copyright legislation. The panellists also discussed the challenges and potential solutions to copyright issues in South Africa, and emphasised the need for fair remuneration for creators and proper regulation of the creative sector. The conversation ended with a call for further discussion and an invitation to visit Safrea's website for more information.

Next steps

• Safrea to consider organising a follow-up session to allow more time for audience questions and discussion.
• Participants can visit the websites of the Copyright Coalition of South Africa and Recreate for more information on copyright advocacy.
• Safrea members to submit their questions about the Copyright Amendment Bill to the organisation for potential future discussions.
• Safrea to explore ways to educate its members about their rights and the implications of copyright legislation.
• Panellists to continue to engage in constructive dialogue to find a middle ground on copyright issues.
• Legislators should consider conducting a proper socio-economic impact assessment as a basis for drafting copyright legislation.
• Stakeholders to work to develop cultural understanding and respect for the remuneration of creative work in South Africa.
• Government to address the lack of resources and capacity to regulate and monitor copyright.

Discussion

Welcome and introduction of facilitator
Kay Johnstone opened the discussion about the South African Copyright Amendment Bill and thanked the panellists and audience for their participation. She went on to introduce the facilitator, Alexis Grewan, who emphasised the importance of not making assumptions and encouraged an open discussion. She outlined the structure of the meeting, which included a brief overview of key terms related to copyright, a panel discussion on four themes. The panellists introduced themselves, highlighting their expertise in various aspects of copyright and the creative industry. The conversation concluded with Alexis providing context for the discussion, and explaining that the panellists would be asked to comment specifically on four aspects in turn:

• Rights
• Compensation
• Education/innovation
• Regulation

and a final question: “Is there a middle path that keeps creatives, copyright owners and users happy?”

There was mention made that it had just been announced that the Bill had been set down for discussion by the Constitutional Court on 19 and 20 March, 2025.

Background and context

Alexis led a discussion about copyright and the implications of the Copyright Amendment Bill in South Africa. She clarified that copyright is part of intellectual property and can be transferred, but it's essential to understand who the owner is. She also explained the concept of fair use, which allows someone to use a creation without paying for it, but only under certain conditions. The discussion also covered the history of the Copyright Amendment Bill, which dates back to 2015, and its current status. The Bill has been referred to the Constitutional Court to examine whether certain sections are compatible with the Constitution and international treaties.

Panellists’ opening statements

Diana Neille spoke about her experience investigating corruption in the music industry and the need for copyright protections for music creators. She highlighted the exploitation of music makers and emphasised the importance of updating copyright legislation to protect their rights. Chola Makgamathe stressed the importance of copyright in the creative economy, the need for updated copyright legislation, and the issues with the current fair use provisions in the Copyright Amendment Bill. Christiaan Steyn expressed concerns about the one-size-fits-all approach in the Bill and the potential for abuse by infringers. Adrian Galley discussed the need for an annuity income for performers and the lack of protection for audiovisual performers under the current legislation. Christiaan concluded this section of the discussion by emphasising the importance of enforceable rights for copyright holders and the need for a balanced approach in copyright legislation.

SECTION 1: RIGHTS

Alexis, Christiaan, Chola, Diana, and Adrian discussed the balance between the rights of creators, copyright owners and users in the context of copyright legislation. Christiaan emphasised the need for compromise and understanding between different stakeholders, while Chola highlighted the importance of maintaining the balance between creators and users, and emphasised a creator-centric approach. Diana expressed concerns about the industry's commitment to the interests of creatives, and Adrian pointed to the establishment of a copyright tribunal to resolve disputes more efficiently. The panel also discussed the potential for a hybrid system, including fair use, and the importance of considering the Bill of Rights when interpreting legislation.

SECTION 2: COMPENSATION

This part of the panel discussion focused on the challenges and potential solutions for copyright issues in South Africa. Christiaan pointed out the financial impact of the current system, which has as a form of recourse for creators should there be alleged copyright infringement a tribunal, noting that it is rarely cheaper than litigation and is not always accessible. He also mentioned the right to own and trade in property, which is a key aspect of the Constitutional Court's focus. Adrian spoke about the importance of compensation for creators, emphasising the need for fair remuneration and the potential for a right of reversion, which would allow creators to renegotiate after a certain period of time. Diana and Chola addressed the importance of fair use and the need for a nuanced approach to copyright legislation. Chola criticised the current draft of the legislation, stating that it was clumsily worded and would do more harm than good. Finally, Christiaan emphasised the need for fair remuneration and addressing the unsatisfactory issues in the legislation.

SECTION 3: EDUCATION AND INNOVATION

Christiaan and Alexis spoke about the balance between creators and users, with Christiaan emphasising the need for fair remuneration for creators to ensure continued creation. Alexis raised concerns about marginalised users and equitable access to works. Diana raised the issue of publishers and authors not receiving fair compensation, for example in the form of royalties, and that a framework such as the CAB is needed to address these issues. Chola raised a point of order, calling for the conversation not to focus solely on Samro, while Adrian discussed the challenges of digital publishing and the need for a responsive legislative framework. Diana also highlighted the need to address the implications of generative AI on copyright and access to information.

SECTION 4: REGULATION

Diana emphasised the need for regulation in the creative sector, particularly in the music industry, to protect creators and strike a balance between the rights of users and creators. She criticised the current system, where corporations hold power and exploit creators. She also highlighted the need to regulate revenue streams. Alexis asked for specific insights on publishing industries and photography, to which Christiaan responded that regulation is easy in principle but difficult in practice due to a lack of government resources and oversight. Chola suggested using other mechanisms such as policy and industry standards while waiting for legislation, and emphasised the need for a proper socio-economic impact assessment study to draft legislation and regulations appropriately. Adrian agreed that regulations can only happen once the legislation is in place and that there's a lack of regulation, transparency, and education around copyright issues. A discussion was also had about the impact of passing regulation for the sake of having new regulations that appeared to replace current outdated legislation, but that could do harm and might take years to have amended.

The potential for finding middle ground

The panellists discussed the importance of putting creators at the centre of their focus, and the need for proper education and understanding of concepts to move forward. They also talked about the need for legislation to be drafted correctly before taking the next step. The panellists agreed that the current situation for creatives is problematic, as many are exploited and have few rights. They suggested that the Copyright Amendment Bill could provide more rights and protections for creatives, including access to a copyright tribunal. The panellists also stressed the importance of having proper dialogues and understanding the actual clauses in the Bill. Caution was noted about a blanket bill to cover all types of creative copyright.

Gratitude and closing

The conversation concluded with Nathi Gule expressing gratitude to the panellists, Alexis for her moderation, and Kay for her organisation. Nathi also thanked the Safrea Exco and members for their participation. He emphasised the need for further discussions and encouraged members to engage with Safrea's website for more information. The conversation ended with Kay wishing everyone a good evening.

MINI-BIOS OF THE PANELLISTS:

Adrian Galley

Adrian served for a time on Safrea’s Exco and is the current vice-chair of the South African Guild of Actors.

He has toiled in the freelance trenches as an actor, scriptwriter, journalist and broadcaster. A spoken-word specialist, he runs an audio studio from which he serves a client base in South Africa and abroad as a voice-artist, audiobook narrator and podcast producer.

His stints as a news anchor and radio producer date from the mid-1980s, beginning with Radio RSA, Channel Africa and graduating through SAfm to 702 and Cape Talk. In television he was the familiar ‘voice’ of eTV  for the first decade and-a-half of its existence. He has also written several award-winning television comedies, including Going Up, Suburban Bliss and SOS.
With master’s degree in Drama from the University of Cape Town, he recently completed an LLB, with media law and Intellectual Property Law as his primary fields of interest.

Chola Makgamathe

Makgamathe currently serves as chairperson of the Copyright Coalition of South Africa, an organisation that advocates for equitable Copyright legislation and which is also the South African chapter of the Partners Against Piracy, an initiative that champions the fight against piracy of creative content.

She attended Wits University in Johannesburg, where she graduated with BCom, LLB and LLM degrees. Later, Makgamathe worked as a consultant and managed projects involving multilateral organisations, provincial governments, and local governments. She is an admitted attorney of the High Court of South Africa and has worked at 2 of the top law firms in South Africa.

She was the CEO of Downtown Music Hub, a non-profit organisation that was established by the Department of Arts and Culture to address some of the challenges in the South African music sector. Currently, she works for the Southern African Music Rights Organisation and heads the legal department of the organisation.

Diana Neille

Diana is an award-winning South African investigative journalist, filmmaker and documentarian, known for her in-depth work on issues of corporate and political corruption, social justice, and coverage of the local music sector. Her recent work on systemic corruption and intermediary impunity in the South African music industry garnered recognition at the International News Media Awards. With a background in journalism, Neille tackles complex narratives often overlooked by mainstream media. She is a lapsed professional singer and violinist.

Christiaan Steyn

Christiaan is a specialist in Intellectual Property Law, focusing on Trade Marks, Copyright, and Domain Disputes. He is the Founder and Managing Director of STEYN IP, a law firm focused on these areas. With experience at top law firms and in managing IP portfolios at Sasol Technology, Christiaan has also held a key legal role at the Department of Trade, Industry and Competition's CIPC Trade Marks Office.

An LLB graduate from North-West University, he is an admitted attorney of the High Court of South Africa. Christiaan is actively involved in the IP community, serving as a Senior Domain Dispute Adjudicator and participating in various committees within the South African Institute of Intellectual Property Law (SAIIPL) and IPIRA. He also co-founded FAME.org.za, a non-profit supporting South African musicians, and co-authored a book on copyright reform.

Passionate about advancing IP law, Christiaan is committed to shaping legal frameworks for the creative industries in South Africa.