With the 16th September dead for getting our proposed amendments to the South
African Copy Right Act of 1978
<http://www.wipo.int/wipolex/en/details.jsp?id=4067> to allow for Freedom
in to the Department of Trade and Industry rapidly approaching I want to
share with you what we (Wikimedia South Africa) have currently got.
After some extensive discussions with legal experts on the subject we have
come to the conclusion that it would be best to slightly modify Section 15
in two ways (with a possible third also being supported).
*The first*, and most important, is to add in a sub-section to Section 15
*"The copyright in an artistic work shall not be infringed by its
reproduction, distribution and communication to the public if the artistic
work is permanently located in parks, train stations, streets, squares or
other public interior or exterior places [provided that such use does not
unreasonably prejudice the legitimate interests of the author or adversely
affects the normal exploitation of the work]."*
This is the most explicit allowance for Freedom of Panorama it is felt we
should make. It is modeled on the Australian and Spanish clauses in their
copy right acts on the issue.
*The second *is to amend/expand the definition of diffusion service to
include digital signals/the internet. I am still struggling to work in the
Internet explicitly into the definition (which was originally written in
the 1970s before the internet) but this is what I currently have:
"A diffusion service is defined in section 1(1) as "a *digital* or
telecommunication service of transmissions or *data transfers* consisting
of sounds, images, signs, signals or *other data*, which takes place over
wires or other paths provided by material substance and intended for
reception by specific members of the public; and diffusion shall not be
deemed to constitute a performance or a broadcast or as causing sounds,
images, signs or signals to be seen or heard; and where sounds, images,
signs or signals are displayed or emitted by any receiving apparatus to
which they are conveyed by diffusion in such manner as to constitute a
performance or a causing of sounds, images, signs or signals to be seen or
heard in public, this shall be deemed to be effected by the operation of
the receiving apparatus.""
With these two changes (or even with just the first one) I feel the act
will allow for sufficient Freedom of Panorama in South Africa. However I
would like to get your feedback on that and how we might be able to
explicitly work in "the Internet" into the definition.
The* third* and final thing we could do is broaden the Fair Use exemption
in the act which I think would be a good thing to do anyway and is
something that other organisations are also pushing for.
You can still access the etherpad we have setup to develop this further at:
We are still working on this so it is all still open to change.
Douglas Ian Scott
South African mobile number: +27 (0)79 515 8727