Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Liquid dodges debt crunch - at a hefty price - Hardy Pemhiwa

      Liquid dodges debt crunch – at a hefty price

      21 April 2026
      Microsoft slashes Xbox Game Pass prices in big strategy shift

      Microsoft slashes Xbox Game Pass prices in big strategy shift

      21 April 2026
      Naspers stalwart Steve Pacak passes away

      Naspers stalwart Steve Pacak passes away

      21 April 2026
      Why AI chatbots are a legal liability waiting to happen - Ahmore Burger-Smidt

      Why AI chatbots are a legal liability waiting to happen

      21 April 2026
      South African tech juniors squeezed as AI reshapes hiring

      South African tech juniors squeezed as AI reshapes hiring

      21 April 2026
    • World
      More organic compounds detected on Mars - Nasa Curiosity rover

      More organic compounds detected on Mars

      21 April 2026
      Adobe bets on AI agents to fend off cheaper rivals

      Adobe bets on AI agents to fend off cheaper rivals

      16 April 2026
      Google poised to lose ad crown to Meta

      Google poised to lose ad crown to Meta

      14 April 2026
      Grand Theft Data - hackers hit Rockstar Games - Grand Theft Auto

      Grand Theft Data – hackers hit Rockstar Games

      14 April 2026
      UK PM Keir Starmer declares war on doomscrolling

      UK PM Keir Starmer declares war on doomscrolling

      13 April 2026
    • In-depth
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      The R18-billion tech giant hiding in plain sight - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
    • TCS

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
      TCS | Donovan Marsh on AI and the future of filmmaking

      TCS | Donovan Marsh on AI and the future of filmmaking

      7 April 2026
      TCS+ | Vodacom Business moves to crack the SME tech gap - Andrew Fulton, Sannesh Beharie

      TCS+ | Vodacom Business moves to crack the SME tech gap

      7 April 2026
      TCS | MTN's Divysh Joshi on the strategy behind Pi - Divyesh Joshi

      TCS | MTN’s Divyesh Joshi on the strategy behind Pi

      1 April 2026
    • Opinion
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      R230-million in the bag for Endeavor's third Harvest Fund - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Letter to the editor: copyright article missed the mark

    Letter to the editor: copyright article missed the mark

    An umbrella organisation that promotes the interests of creatives with regards to copyright legislation, has taken issue with a recent article on the subject.
    By Letters30 January 2024
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    With reference to the article, Mickey Mouse, and South Africa’s battle over copyright, published on 10 January 2024, there are factual errors that ReCreate – an umbrella organisation that promotes the interests of South African creatives with regards to copyright legislation – would like to address.

    First, the statement that Walt Disney’s Mickey Mouse is no longer protected by copyright is not wholly accurate – only the Steamboat Willie version of Mickey Mouse became public domain this year. Later versions of Mickey Mouse are still under copyright protection.

    The article also claimed that “on legal advice, President Cyril Ramaphosa declined to sign the bill, and drafting had to start afresh”. In fact, drafting did not have to start afresh. The president failed to sign the bill for 15 months, and only declined when he was unduly pressured by the EU and the US trade representative (as a result of the entertainment industries in the US protesting against fair use, despite they themselves benefiting from fair use in their own country) on the one side, and the constitutional court case against him by Blind SA, on the other side, forcing him to act in terms of section 79(1) of the constitution.

    The bill corrects omissions, discrimination and unconstitutionality in the Copyright Act

    The bill was thoroughly reviewed by parliament and retagged to include the provinces and revised according to public contributions. It progressed through the national council of provinces (NCOP) and all nine provincial legislatures, with many written submissions from stakeholders and presentations at public hearings. The final version, B13F-2017, was passed by the NCOP on 26 September 2023.

    The bill was thoroughly deliberated by the select committee on trade & industry and various other entities during early 2023, and later approved by the NCOP. Currently, it is not before the president for signing. It is before the portfolio committee on trade & industry for concurrence. Once approved by this committee, the bill will go to the president for assent. Section 79(1) of the constitution requires the president either to sign the bill, within a reasonable period, or return it to parliament for review, on constitutional grounds only.

    Fair-use doctrine

    Regarding comments about the US fair-use doctrine, apart from the US, about 11 other countries benefit from fair use, too. Nigeria recently adopted fair use, although it’s still called fair dealing there. Fair use allows those countries to lawfully use or re-use their copyright works and those around the world, while South Africans cannot do the same, as fair dealing is too restrictive. Fair use would give equal and reciprocal rights to South Africans so that they can also use similar works lawfully. Fair use has four determining factors. Not all copying is fair use.

    It is incorrect to say the department of trade, industry & competition has come under heavy fire for its failure to produce an economic impact assessment study. The Copyright Amendment Bill has been available online since 2017.

    TechCentral’s article claims that “even if Ramaphosa signs off the Copyright Amendment Bill, it will likely end up before the constitutional court”. But in September 2022, in the Blind SA case, the constitutional court found the current Copyright Act to be unconstitutional relating to visually impaired people, and ruled that it must be amended accordingly within 24 months. Arguably, other parts of the current law are unconstitutional, too. The bill corrects omissions, discrimination and unconstitutionality in the Copyright Act.

    The original article says it also contains provisions that would severely curtail contractual freedoms, to the extent that South Africa may no longer be seen as a viable international destination …. but in ReCreate’s view, many of the clauses in the bill have been adopted or adapted from progressive copyright laws in many countries, Wipo treaties and proposals (which South Africa, through the Africa Group supports), international and local research, and various other IP and other related documents. Many developed countries have for years benefited from many of the clauses in the bill. South Africa is at last aligning its copyright law with the rest of the world.

    The article quotes Adams & Adams alleging “the bill fails to deliver on its stated objective of legislating for improving legal protections for South African creatives”, but we believe it protects creatives, especially against unfair contracts and lengthy assignments, and regulates collecting societies, so they become accountable and pay fair royalties to creatives.

    Regards,
    Denise Nicholson, on behalf of ReCreate

    • TechCentral welcomes letters to the editor. Please send correspondence to editor at techcentral dot co dot za. Correspondence will be published at the editor’s discretion
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Denise Nicholson ReCreate
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleZimbabwe threatens to arrest Starlink users
    Next Article Neuralink implants brain chip in first human
    Add A Comment

    Comments are closed.

    Company News
    Why retail's future is digital - but still physical - NEC XON

    Why the future of retail is digital – but still physical

    21 April 2026
    Africa's AI dream needs bricks and gigawatts - Gary Galolo, head of technology, media, and telecommunications and digital infrastructure finance at Nedbank CIB

    Africa’s AI dream needs bricks and gigawatts

    21 April 2026
    Fibre: the backbone of South Africa's digital health ecosystem - Mweb

    Fibre: the backbone of South Africa’s digital health ecosystem

    16 April 2026
    Opinion
    The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

    The conflict of interest at the heart of PayShap’s slow adoption

    26 March 2026
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Liquid dodges debt crunch - at a hefty price - Hardy Pemhiwa

    Liquid dodges debt crunch – at a hefty price

    21 April 2026
    Microsoft slashes Xbox Game Pass prices in big strategy shift

    Microsoft slashes Xbox Game Pass prices in big strategy shift

    21 April 2026
    Naspers stalwart Steve Pacak passes away

    Naspers stalwart Steve Pacak passes away

    21 April 2026
    Why AI chatbots are a legal liability waiting to happen - Ahmore Burger-Smidt

    Why AI chatbots are a legal liability waiting to happen

    21 April 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}