New PIJIP Working Paper: Third Joint Academic Opinion on the South African Copyright Amendment Bill
PIJIP has published a new analysis of South Africa's Copyright Amendments Bill by a group of legal experts headed by Dr. Sanya Samtani, a Senior Researcher at the University of Witwatersrand. The analysis was coauthored by PIJIP Director Sean Flynn, as well as Profs. Klaus Beiter, Caroline B. Ncube, Chijioke Okorie, Desmond Oriakhogba, Andrew Rens, and Tobias Schonwetter.
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.