Third Joint Academic Opinion on the South African Copyright Amendment Bill [B13D-2017]

Authors

Sanya Samtani, Mandela Institute, University of WitwatersrandFollow
Klaus Beiter, North-West University (South Africa)Follow
Sean Flynn, American University Washington College of LawFollow
Caroline B. Ncube, Univeristy of Cape TownFollow
Chijioke Okorie, University of PretoriaFollow
Desmond Oriakhogba, University of VendaFollow
Andrew Rens, Research ICT AfricaFollow
Tobias Schonwetter, University of Cape TownFollow

Document Type

Article

Publication Date

4-2023

Abstract

South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. A coalition of copyright, human rights, and constitutional law experts have been engaging in the ongoing national and provincial public participation processes. This working paper chronicles the law reform process until April 2023, covering related constitutional court litigation, and then goes on to set out the submissions made on behalf of the group of experts. The process offers insights into the different but crucial roles played by the legislature and the judiciary in aligning copyright with the constitution. It also provides valuable comparative lessons for other jurisdictions seeking to reform their copyright laws.

Recommended Citation

Samtani, Sanya; Beiter, Klaus; Flynn, Sean; Klaaren, Jonathan; Ncube, Caroline; Okorie, Chijioke; Oriakhogba, Desmond; Rens, Andrew; and Schonwetter, Tobias. "Third Joint Academic Opinion on the South African Copyright Amendment Bill [B13D-2017]." (2023). PIJIP/TLS Research Paper Series no. 91. https://digitalcommons.wcl.american.edu/research/91