Well done Douglas, sorry I couldn't make it to support you.
On Friday, August 4, 2017, wikimediaza-request@lists.wikimedia.org wrote:
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Today's Topics:
- Re: Processing of the Copyright and Performers' ProtectionAmendment Bills (Douglas Scott)
- Re: Processing of the Copyright and Performers' ProtectionAmendment Bills (David Richfield)
Message: 1 Date: Fri, 4 Aug 2017 11:10:08 +0200 From: Douglas Scott <douglas.i.scott@gmail.com javascript:;> To: wikimediaza <wikimediaza@lists.wikimedia.org javascript:;> Subject: Re: [Wikimedia ZA] Processing of the Copyright and Performers' ProtectionAmendment Bills Message-ID: < CAJ6y08Ewc2mVxVGQdzZHL7wTyB8LXrqmrP7_0XRWARMs0wKFcg@mail.gmail.com javascript:;> Content-Type: text/plain; charset="UTF-8"
Hello everyone,
Here is an update on how my presentation to Parliament yesterday went. Here is a link https://commons.wikimedia.org/wiki/File:Freedom_of_ Panorama_-_presenation_to_SA_parilament.pdf to the presentation I gave which I have uploaded onto Commons.
Overall it went well, there seems to be board support for the proposal to include a freedom of panorama (FoP) clause into the new act. After my presentation several MPs in addition to the commission chairperson going as far as stating that the current grey area that a lack of freedom of panorama puts both us as Wikipedia editors as well as members of the general public in is very concerning and should be addressed. The practical example I used of our experience in running Wiki Loves Monuments where we could upload media of old colonial era monuments but not recent ones due to this legal ambiguity really resonated with them. The mention of the Swedish chapter's recent experience https://blog.wikimedia.org/2017/07/25/wikimedia-sweden-freedom-panorama/ in testing this grey area in Sweden and loosing thereby being ordered to pay court costs and a fine helped to highlight the need to get rid of this legal grey area and enact some form of Freedom of Panorama.
I did get one questions asking which we preferred; FoP for exterior public place or interior public spaces. I said the best outcome would be FoP for both exterior and inertia public spaces.
I even had members of the pro-copyright lobby come up to me afterwards and say they appreciated the need for clarification here. They did mention pre-existing interpretations of the act that would allow us to do X, Y, and Z but they realised the need for clarity and that the existing clauses were not good enough for us given the Wikipedia editing community's policy of using the strictest possible interpretation of the law.
During the presentation I was seated next to and had to answer questions with the representative from Google. Google, like many people, were presenting on the need for fair use to replace fair dealing in the Act. Basically fair use says you are not violating copyright so long as you do not do X, whilst fair dealing says you are not violating copyright so long as you fall into A, B, C allowances. This fair use/fair dealing issue has become a big issue of contention and Google was given a bit of a hard time. However the fair use/fair dealing disagreement does not seem to affect our call for FoP as it is a different thing.
My observation on the issue within the Wikimedia Community internationally and based on my experiences as an editor on Wikipedia is that there is a board consensus that expanded Fair Use rights is important and desirable so as to allow editors to more freely edit, quote, and research articles on Wikipedia whilst still firmly respecting copyrights. Indeed the Australian Wikimedia community is publicly calling https://blog.wikimedia.org/2017/05/22/australia-fair-use/ for better fair use previsions in that country right now. However we as a chapter have not voted on to take a position publicly on this issue in South Africa so anything I say on that issue is always prefixed with the point that it is my personal opinion and not the position of Wikimedia ZA. So I chose to focus on answering questions related to FoP whilst volunteering to clarify a personal observation I made on the Fair Use/Fair Dealing debate at a public forum I attended last week.
Cheers,
Douglas.
On 1 August 2017 at 15:38, Douglas Scott <douglas.i.scott@gmail.com javascript:;> wrote:
Hello everyone, a quick update on my presentation calling for Freedom of Panorama to be included into the new Copyright Act. It looks like I will be presenting 1 hour earlier on the 3rd August than initially planned. According to the new schedule I will now be presenting at 9:55 am instead of 10:55 am in the original schedule. The event at Parliament in Cape
Town
is open to the public so if you are interested you are welcome to attend.
The hearing will take place at: Room E249, 2nd Floor, National Assembly Wing, Parliament Building, Cape Town
The whole hearing will last from 08:30 to 19:00 on Thursday the 3rd
August
Cheers,
Douglas.
---------- Forwarded message ---------- From: Andre Hermans <ahermans@parliament.gov.za javascript:;> Date: 1 August 2017 at 15:11 Subject: Re: Processing of the Copyright and Performers' ProtectionAmendment Bills To:
Dear Stakeholder
Attached please find the amended programmes for 3 and 4 August 2017.
*Please note the following:*
- Change in starting time on 3 August 2017 which will impact on the
starting times of all stakeholders on the day. 2. The inclusion of stakeholders which were not previously on the programme. 2. The South African Book Development Council presentation has been rescheduled for Friday, 4 August 2017 which will impact on the starting time for stakeholders that will follow their presentation.
*NB: If stakeholders, after submitting their power-point presentation, wish to effect any changes to their presentation, they must please
forward
the amended presentation as soon as possible. If it is not possible they must bring 40 copies of their amended presentation to the meeting.*
*Regards*
André R Hermans Committee Secretary: PC Trade and Industry Tel: (021) 403 3776 <021%20403%203776> Fax: 0866527753 <086%20652%207753> Cell: 0837098482 <083%20709%208482> email:ahermans@parliament.gov.za javascript:;
Andre Hermans 7/28/2017 12:02 PM >>>
Dear Stakeholder
Attached please find the draft agenda's for 1, 3 and 4 August 2017.
Please note that it was not possible to accommodate all requests to make an oral submission but note that all written submissions will be
considered
by the Committee.
Please note that all power-point presentations must reach us by 14:00 on Monday, 31 July 2017. Stakeholders who have not yet submitted the names
of
their delegations, as well as the cell number of a contact person, are encouraged to do so as soon as possible.
As mentioned earlier, all meetings in Parliament are open to the public and only stakeholders presenting are required to confirm attendance. All others are welcome to attend without confirmation.
Regards,
Andre
Andre Hermans 7/27/2017 2:12 PM >>>
Dear Stakeholders
Thank you for the confirmation of attendance.
However, we are still awaiting confirmation of attendance from some stakeholders. If we do not received notification of attendance of those
who
have not yet confirmed by *15:00, Thursday, 27 July 2017*, we will assume that they are not in a position to attend. *They will be removed from the programme*.
We have also noted requests for change in date as well as for inclusion on the programme. All these requests will be taken into consideration.
We also acknowledged receipt of late submissions due to unforeseen circumstances.
Please note that we will forward the final programmes for the public hearings by *12:00 on Friday, 28 July 2017.*
Regards,
André
Andre Hermans 7/25/2017 12:13 PM >>>
Dear Stakeholder
Please note the following corrections;
- Confirmation of attendance is 12:00 pm on 26 July 2017 and not 26 June
- Submission of power-point presentation's is Monday, 31 July 2017 and
not 30 July 2017.
My apologies for the inconvenience caused.
Regards,
André
Andre Hermans 7/25/2017 10:13 AM >>>
Dear Stakeholder
We acknowledge receipt of your submission.
Attached please find the draft programme for public hearings scheduled
for
1, 3 and 4 August 2017 on the Copyright A/B only .
Stakeholders are requested to note the following:
- Confirm attendance by 13:00 on Wednesday, 26 June 2017.
- Prepare a +/- 20 min power-point presentation in support of their
submission which will be followed by a 20 min engagement. 3. Submit their power-point presentations by 12:00 pm on Monday, 30 June 2017. 4. Submit the names of the their delegation, which should include designations, as well as the cell number of a contact person. 5. Preferably be in attendance from the start of proceedings, but if it
is
not possible, participants should be present at least an hour before
their
presentation to allow for any changes. 6. Stakeholders should bring a copy of their ID, driver license or passport to gain entry to Parliament, which is via the visitor's entrance located in Plein Street. 7. No parking is available in Parliament. 8. All hearings are open to the public and there is no limit on numbers, but note that there are seating limitations 9. If there are any changes to your power-point presentation, and it does not reach us the day before your presentation, you are required to bring
40
copies of your amended document to the hearing. 10. All submissions and not only the oral submissions are considered by the Committee and take into account during its deliberations on the Bill.
Please do not hesitate to contact me via email or sms if you have any queries.
*NB: It would be appreciated if you can forward this email to other stakeholders.*
*Please confirm receipt.*
*Regards,*
*André* *0837098482 <083%20709%208482>*
Andre Hermans 6/28/2017 9:49 AM >>>
Dear Stakeholder
Please note the following:
In light of a recent Committee decision to first process the Copyright Amendment Bill before starting the Performers' Protection Amendment Bill, please note the following:
- Public hearings in August 2017 will only be on the Copyright Amendment
Bill.
- An extension for submissions has been granted. All submissions should
reach us by Friday, 7 July 2017. Please indicate whether you would wish to be considered to make an oral submission.
- Public hearings have been scheduled for 1, 3 and 4 August 2017.
Although we will try to accommodate your preferred date as far as
possible,
this cannot be guaranteed due to demand and time constraints. The final decision for granting oral submissions lies with the Committee. All
written
submissions are considered by the Committee in its deliberations.
- Communication regarding the final programme for public hearings will
be
communicated in the week of 24 July 2017.
Please do not hesitate to contact me via email if you require further clarity.
*NB: It would be appreciated if you can forward this email to other stakeholders*.
Regards,
André R Hermans Committee Secretary: PC Trade and Industry Tel: (021) 403 3776 <021%20403%203776> Fax: 0866527753 <086%20652%207753> Cell: 0837098482 <083%20709%208482> email:ahermans@parliament.gov.za javascript:;
Andre Hermans 6/2/2017 4:48 PM >>>
Dear Stakeholder
In light of the Committee decision taken on Tuesday, 30 May 2017 please note the following;
- No public hearings on 27, 28 and 29 June 2017.
- Closing date for submission is Friday, 30 June 2017.
- Public hearings will be scheduled in August 2017.
- Final dates for public hearings will be communicated by 30 June 2017.
*Clarity with regard to public participation at briefings.*
All meetings are open to the public but please note that during a
briefing
the interaction is between the Department and Members. The purpose of
the
briefing is to afford Members with the opportunity to engage the
Department
on the content of the Bill. Members of the public in attendance can first hand hear the Department's views on the Bill and, if they have opposing views on what the Department is saying, can include their concerns in
their
submissions. It also provide an opportunity for stakeholders to get
clarity
on issues of concern during such briefings.
Public participation in the legislative process is critical to ensure an open and robust process and Parliament has taken the necessary steps to ensure this. Because of the great public interest in the Bills the Committee has called for submissions and will scheduled public hearings affording stakeholders with the opportunity to express their opinion on
the
Bill.
Attached is the revised advert.
Please do not hesitate to contact me via email if you require further clarity.
*NB: It would be appreciated if you can forward this email to other stakeholders*.
Regards,
André R Hermans Committee Secretary: PC Trade and Industry Tel: (021) 403 3776 <021%20403%203776> Fax: 0866527753 <086%20652%207753> Cell: 0837098482 <083%20709%208482> email:ahermans@parliament.gov.za javascript:;
Andre Hermans 5/26/2017 1:50 PM >>>
Dear Stakeholder
Attached please find the following information with respect to the processing of the Copyright and the Performers' Protection Bills.
- An advert calling for submissions on the Copyright Bill.
- A copy of the Bill.
Please note the following:
- The hearings scheduled for 27, 28 and 29 June would be on both the
Performers' Protection and the Copyright Amendment Bills. 2. All meetings in Parliament are open to the public, unless otherwise stated. This pertain to the briefing on 30 May 2017 and the public
hearings.
- Members of the public should use the visitors entrance in Plein Street
and should have a copy of their ID, driver license or passport to gain entry. 4. There is no limited on the number of people that may want to attend. 5. There is no need to secure a seat as it is an open meeting. 6. Please indicated whether you wish to make an oral submission as well. Please note that decision to allow for an oral submission is the Committee's and it would be base on the submission.
*NB: It would be appreciated if you can forward this email to other stakeholders*.
Regards,
André
Andre Hermans 5/25/2017 4:55 PM >>>
Dear Stakeholder
Please be informed that Committee has scheduled to receive a briefing on Tuesday, 30 May 2017 on the Copyright Amendment Bill.
Time: 09:00 - 13:00 Venue, Room E249, Second Floor, New Assembly Wing, Parliament, Cape Town.
Regards,
André
Andre Hermans 5/22/2017 1:08 PM >>>
Dear Stakeholder
Attached please find a copy of the Copyright Amendment Bill that was introduced in Parliament.
Information regarding processing of the Bill, including the Performers Protection Amendment Bill, will be communicated to stakeholders in due course.
*NB: No dates have yet been confirmed for processing of both Bills. *
It would be appreciated if you could forward this email to other stakeholders.
Regards,
André
Andre Hermans 2/15/2017 1:51 PM >>>
Dear Stakeholder
Please be informed that the Committee meeting scheduled for Friday, 17 February 2017 to receive a briefing on the Performers' Protection
Amendment
Bill has been postponed until Tuesday, 21 February 2017.
*As a result of this postponement the public hearings on the Bill will
now
take place on 24 and 28 February 2017.*
Our apologies for the inconvenience caused.
Regards,
André
Andre Hermans 2/14/2017 1:56 PM >>>
Dear Stakeholders
Please be informed that the Committee is in the process of finalising its programme with respect to the public hearings scheduled for 21 and 24 February on the Performers' Protection Amendment Bill.
Please note, that in finalising the programme for the public hearings, we will take into account requests to make a submission on a specific day.
It's our objective to forward the draft programme to stakeholders by
15:00
on Wednesday, 15 February 2017.
Regards,
André
Andre Hermans 1/17/2017 12:56 PM >>>
Dear Stakeholders
Attached please find the advert that was place over the weekend of 6-7 January 2017 in the newspapers calling for submissions on the Performers Protection Amendment Bill. Adverts were place in all official languages.
Also attached is a copy of Bill as tabled.
It would be appreciated if you could forward this email to other stakeholders.
Please do not hesitate to contact me if you have any queries.
Regards,
André R Hermans Committee Secretary: PC Trade and Industry Tel: (021) 403 3776 <021%20403%203776> Fax: 0866527753 <086%20652%207753> Cell: 0837098482 <083%20709%208482> email:ahermans@parliament.gov.za javascript:;
Please note: This email and its content are subject to the disclaimer as displayed at the following URL: https://www.parliament.gov.za/ email-disclaimer ______________________________ _____________________________________________
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 <079%20515%208727>
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727
Message: 2 Date: Fri, 4 Aug 2017 11:38:40 +0200 From: David Richfield <davidrichfield@gmail.com javascript:;> To: Wikimedia South Africa Mailing List <wikimediaza@lists.wikimedia.org javascript:;> Subject: Re: [Wikimedia ZA] Processing of the Copyright and Performers' ProtectionAmendment Bills Message-ID: < CAE_D4n5RtWw1Qvcf5DZAQSF9T7cBXMe2dQpLYTjc5rTP9Ss3aQ@mail.gmail.com javascript:;> Content-Type: text/plain; charset="UTF-8"
Thank you for this quick update, and congratulations on what seems to have been very effective ethical lobbying :-D
-- David Richfield Nabburgerstraße 19, 81737 München +49 176 72663368
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