A crucial part of IPA's mission is to inform member associations and the wider global publishing community about breaking developments which will impact publishers. We do this through a number of channels. the IPA website, our monthly e-newsletter, press releases and the IPA's dedicated social media feeds.
South African Flag

In South Africa, the defective copyright amendment bill (as well as the performers’ protection bill) has been referred back to the National Assembly by President Ramaphosa.

In the last years, IPA joined other creative industries in supporting PASA’s opposition to the bill, which would undermine the sustainability of South African publishing by imposing overbroad exceptions & limitations to copyright protection and limiting contractual freedom in a manner that would further compromise South Africa’s ability to accede to the WIPO Copyright Treaty, in addition to breaching the Berne Convention’s three-step test.  

In a letter dated June 16th, South African President Cyril Ramaphosa states “a number of reservations as to the Constitutionality of the Bills” that in their current form may “not pass constitutional muster” and “be vulnerable to constitutional challenge.” In addition to raising formal defects (notably incorrect tagging, as the bills affect cultural and trade matters they should have been tagged under a section 76 process, not section 75), the letter states that certain provisions of the bills “may constitute retrospective and arbitrary deprivation of property” and further cautions against the constitutionality of exceptions & limitations. In this regard, the fact that the fair use provision, following substantial amendments, “was not put out for public comment before the final version of the Bill was published, (…) could render the provisions constitutionally invalid”. In addition, as certain exceptions seemingly violate the Berne Convention’s three-step test and are in breach of South Africa’s Constitution, the President cautions against the need to assess whether said provisions are likely to cause South Africa to be in breach of international treaty obligations.

Mpuka Radinku, Executive Director of the Publishers Association of South Africa said: Publishers in South Africa feel vindicated by President Cyril Ramaphosa’s decision to refer the controversial Copyright Amendment Bill (CAB) and the Performer’s Protection Amendment Bill (PPAB). The reasons cited by the President for refusing to sign the Bills into law are consistent with the comments, submissions and media articles issued by publishers and other creative sector partners, for almost the last five years, to convince the law-makers not to enact legislation which would destroy the publishing industry. We are looking forward to participating in a process whose outcome should be to produce the copyright legislation that balances the rights of rightholders and legitimate interests of the users. The IPA has supported South Africa right from the beginning until now and for this we are extremely grateful. We also thank the African Publishers’ Network (APNET) for their support.

 

Submit to FacebookSubmit to TwitterSubmit to LinkedIn

Blog

Gvantsa Jobava
07 September 2022
Freedom to publish
Literacy
Publishing industry
September 8 is UNESCO’s International Literacy Day intended to ‘remind the public of the importance of literacy as a matter of dignity and human rights, and to advance the literacy agenda towards a more literate and sustainable society.’ After the su...
Michiel Kolman
30 August 2022
Partnership
Publishing industry
There is no doubt of the importance of the wider publishing sector for society. We contribute not only to the development and preservation of our cultural identity, fostering empathy, understanding and knowledge but as a sector we contribute to the e...
Laura Brady
25 August 2022
Publishing industry
Accessibility
There is a lot of chatter about accessibility and born accessible content these days, and for good reason. But what does it mean in practice for IPA's members and individual publishers? The European Accessibility Act (EAA) is due to have a seismic im...
Michiel Kolman
06 July 2022
Publishing industry
Diversity and Inclusion
On 25 March 2022, the Publishers Association in the UK published its latest Diversity survey of the publishing workforce. Michiel Kolman, Chair of the IPA's Inclusive Publishing and Literacy Committee spoke to Dan Conway, the incoming CEO of the Publ...
James Taylor
13 May 2022
Copyright
Publishing industry

The final day of this SCCR began with the Chair recognising a cloud of fatigue in the room and encouraging delegates to press on through the day to finish the week.

James Taylor
12 May 2022
Copyright
Publishing industry

Day 4 of this 42nd meeting of the SCCR picked up exactly where Day 3 left off, with discussions on exceptions and limitations and observer organisations continuing their statements.

James Taylor
11 May 2022
Copyright
Publishing industry

Day 3 of SCCR 42 opened with further discussion and analysis of the new text on the broadcasting treaty with the afternoon reserved for discussions on exceptions and limitations.

James Taylor
10 May 2022
Copyright
Publishing industry
Following the eventful first day of SCCR 42, day 2 saw a slightly emptier conference hall pick up the SCCR 42 agenda. The broadcasting treaty was the agenda item of the day. Delegates seemed impatient to move on to this discussion after two year...

Press Releases campaign 2020

 

Press Releases campaign 2019

 

Press Releases campaign 2018

 

Newsletters campaigns 2021

 

Newsletters campaigns 2019

 

Newsletters campaigns 2020

 

Newsletters campaigns 2018

 

International Publishers Association

23, avenue de France
1202 Geneva, Switzerland
+41 22 704 18 20
info@internationalpublishers.org

Subscribe to our newsletter