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.
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