The South African Booksellers Association wishes to express its concern with the Copyright Amendment Bill introduced to Parliament.
Support for the need for new Legislation The SA Booksellers Association supports the updating of existing legislation (Copyright Act of 1978) that is over 40 years old, the alignment of legislation with the realities of the 21st century and new technologies, and appreciates the need to enhance the protection of creators of content.
Reservations regarding the Copyright Amendment Bill The Association however has serious reservations regarding provisions in the bill that do not afford authors, as creators of the written word, protection and compensation for their talent, innovation, skills and hard work.
While we appreciate the challenges in South Africa we are concerned with a number of provisions that would be counter to international treaties and best practices. Most notably we would like to highlight the protection of Educational and Academic works that are used as texts under the expanded “fair use” provision in the Bill. This provision has been so broadly framed that it will effectively justify entire works being copied without remuneration to the creators and owners of the content. Copying for “fair use” is not intended to deprive the rights of creators and owners of copyright of their right to compensation. The current Bill unfortunately does not provide such protection to them.
Where advocates of “fair use” argue that distribution and photocopying of complete works is not protected, the public perception, lack of monitoring, police enforcement and prosecution capacity where copyright is infringed, unfairly places the burden of protection on the creators and owners especially where financial benefit is to the infringer. There is no recourse to the author for the abuse of this provision by hundreds and thousands of individuals who will argue the law offers them “fair use” rights.
Authors are Creative Specialists Authors in general, but specifically of academic and educational textbooks are highly qualified specialists in their fields. They dedicate substantial amounts of time and resources to develop material that can effectively transfer knowledge in a form understandable to students and learners. This process of knowledge transfer is supported by a network of other specialists including editors, graphic designers, typesetters and printers and is managed and often funded by specialist publishers, to ensure a quality product.
Need for a Financially Viable Local Academic and Educational Content South African students and learners require a range of locally developed material in various fields especially education, law, history and commerce to meet our unique needs. We cannot decolonise our education and knowledge systems if we do not support and protect the creation of local content. Without the protection of copyright for our authors, and the adequate remuneration for the creativity, skills and expertise, the incentive to create content will be removed.
The loss of the financial incentive to create new content will reduce the recording of knowledge and impact directly on our countries ability to record our cultural, historical, and scientific body of knowledge, and in turn the growth and development of South Africa economically and socially.
T: 021 003 8098 saba@sabooksellers.com PO Box 870, Bellville, 7535
www.sabooksellers.com
Loss of an Industry The creation and dissemination of works is supported by an industry and ecosystem that employs thousands of people throughout the supply chain. Without adequate protection and remuneration it will be unsustainable. Authors, the publishing and the bookselling industry are not retailers who can easily be replaced or recreated. The SA Bookselling Industry is part of the artistic, educational and cultural heritage and any damage, especially from poorly framed legislation and in these difficult economic times will be irreversible. Even if the process or legislation is later realised to be flawed the loss to South Africa will take generations to recover.
Appeal to Legislators The South African Booksellers Association appeals to the Portfolio Committee for Trade and Industry and the National Assembly to withdraw the current version of the Copyright Amendment Bill until the rights of Authors and owners of copyright are adequately protected.
About the South African Booksellers Association
The SA Booksellers Association is the oldest and largest booksellers association in South Africa comprising members from General, Academic, Educational, Library and Digital Sectors. Our members resell the majority of books in South Africa through retail stores, online and bulk sales to the general public, schools, universities, libraries and institutions. The Association includes corporate and independent businesses including Empowered and SMME booksellers from across the country.
To sign the petition, follow this link: https://www.litnet.co.za/south-african-authors-protest-against-copyright-amendment-bill/
