Intellectual Property:

South Africa: Copyright Amendment Bill 2018 – Process and documents


New Call for submissions -

SA Copyright Amendment Bill [B13-2017]: comment on specific clause of working draft

Call for comments opened 12 October 2018 - Submissions must be received by no later than 26 October 2018

The Portfolio Committee on Trade and Industry is calling for comments on Additional Clauses to the:

Copyright Amendment Bill (working draft as of 9 October 2018)

Committee Chairperson, Ms Joanmariae Fubbs, said these clauses are:

1) Amending the existing definition of ‘collecting society’ (clause 1);

2) Adding the rights of distribution and rental (clause 4, section 6) in order for the Copyright Act to provide for rights of distribution and authorising rental;

3) Requiring recording of acts in respect of audiovisual works and providing for an offence in this regard (clause 9, Section 8A) to provide for an obligation to record and report certain acts, and to provide for an offence should a person fail to do so;

4) Empowering collecting societies further (clause 25, Section 22C), by allowing the right to request information and to clarify what collecting societies may negotiate on behalf of members;

5) Creating an offence for not providing information to a collecting society (clause 25, Section 22C) in order to empower collecting societies further by providing that failure to provide correct information would constitute an offence;

6) Providing for the skills of an administrator to be appointed for a collecting society (clause 25, section 22F) with the intention to clarify that when the Commission has to take over the administration of a collecting society, the Commission must approach the Tribunal for the appointment of an administrator to assist the Commission, and to provide for the skills of such an administrator; and

7) To clarify section 28 (clause 28) to avoid unintended consequences and will apply where work was not made with the authorisation of the copyright owner.


Comments can be emailed to Mr André Hermans at and Mr Tenda Madima at by no later than Friday, 26 October 2018.

Enquiries can be directed to Mr André Hermans on tel (021) 403 3776 or cell 083 709 8482 and Mr T Madima on (021) 403 3822 or 083 709 8419

Issued By The Parliamentary Communication Services On Behalf Of The Chairperson Of The Portfolio Committee On Trade And Industry, Joanmariae Fubbs