Project on the Right to Research in International Copyright Comments on South Africa's Copyright Amendment Bill
January 28, 2022
Prof. Sean Flynn has submitted comments to the South African government on behalf of the Project on the Right to Research in International Copyright, regarding proposed changes to the country's Copyright Amendment Bill.
Section 12 of the Bill includes both a fair use copyright exception, and a list of specific purposes for which unauthorized reproductions of copyrighted works would be permitted. The Parliament has proposed the removal of several of the specific purposes from the legislation. Flynn's submission advises that Parliament "not eliminate 'research' from among the specifically enumerated purposes."
The submission states:
Other fair use provisions, including in the U.S., mention purposes that are also subject to specific exceptions elsewhere in the Act. This is important because fair use may extend to a use beyond those mentioned in a specific exception. And, by the same token, a specific exception can define uses that are exempt from copyright for reasons of public policy that are more specific than those embodied in fair use. These specific policy judgments can both clarify and expand the universe of lawful uses exempt under fair use, and fair use can in turn protect activities the legislature may not foresee in its specific exemptions. The two approaches may overlap in some cases, but they are complementary, not redundant. We therefore counsel against removing additional illustrative purposes in the fair use right for proffered purpose of avoiding duplication.
Click here for the full submission.
The Project on the Right to Research in International Copyright aims to define and implement rights to research within international copyright law and policy. It produces research, provides training to a global network of change makers, and connects a global academic network to the work of global and domestic organizations that represent researchers, libraries, museums, archives, educational and research institutions. PIJIP chairs the network's Academic Advisory Board, constructed through the membership of the Global Expert Network on Copyright User Rights, which creates and disseminates research and analysis.