Copyright Act of 1978 amendment process: 27 August deadline

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Douglas Scott

18 Aug 2015 18 Aug '15

12:30 a.m.

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa> has been a bone of some contention for the South Africa Wikipedia community for a long time now as it has effectively meant that we here in South Africa are denied Freedom of Panorama <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. Last week I was fortunate enough to have attended an event organised by Dr Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I feel I was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need to revise the act to allow for Freedom of Panorama. I feel they were very sympathetic to our concerns about the need and desirability of Freedom of Panorama in South Africa. Now comes the hard part. We need to work on a suggested revision of Section 15 (3) (or Section 15 generally) to allow for Freedom of Panorama and we need to do it quickly as the deadline for submissions to change the act is the 27th of August 2015. My suggestion is to use the Spanish or German Freedom of Panorama acts as guidelines for us which basically state that people are free to take pictures or otherwise reproduce works that are permanently found outside on public ways, streets or places (e.g. squares, plazas) and to distribute and publicly communicate such copies. Or as the Spanish act says: "Works permanently located in parks, streets, squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and audiovisual processes." and goes on to state that this "may not be so interpreted that they could be applied in a manner capable of unreasonably prejudicing the legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer." I want to notify the community of this opportunity for us to amended the act as well as the progress the Chapter (Wikimedia South Africa) has made in possibly getting Freedom of Panorama established in South Africa. I also wanted to let you know that should you have any comments of your own on the amendment of the Copy Right act of 1978 then please have a look at the link here <http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bill.htm> for more information as well as the contact details of the contact person at the DTI. Thanks and best regards, Douglas. -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

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Asaf Bartov

18 Aug 18 Aug

12:36 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Looping in Dimi, who's been working on this at the EU level. Dimi can no doubt advise on the text of a proposed amendment. A. On Mon, Aug 17, 2015 at 3:30 PM, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) < https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

has been a bone of some contention for the South Africa Wikipedia community for a long time now as it has effectively meant that we here in South Africa are denied Freedom of Panorama <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. Last week I was fortunate enough to have attended an event organised by Dr Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I feel I was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need to revise the act to allow for Freedom of Panorama. I feel they were very sympathetic to our concerns about the need and desirability of Freedom of Panorama in South Africa. Now comes the hard part. We need to work on a suggested revision of Section 15 (3) (or Section 15 generally) to allow for Freedom of Panorama and we need to do it quickly as the deadline for submissions to change the act is the 27th of August 2015. My suggestion is to use the Spanish or German Freedom of Panorama acts as guidelines for us which basically state that people are free to take pictures or otherwise reproduce works that are permanently found outside on public ways, streets or places (e.g. squares, plazas) and to distribute and publicly communicate such copies. Or as the Spanish act says: "Works permanently located in parks, streets, squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and audiovisual processes." and goes on to state that this "may not be so interpreted that they could be applied in a manner capable of unreasonably prejudicing the legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer." I want to notify the community of this opportunity for us to amended the act as well as the progress the Chapter (Wikimedia South Africa) has made in possibly getting Freedom of Panorama established in South Africa. I also wanted to let you know that should you have any comments of your own on the amendment of the Copy Right act of 1978 then please have a look at the link here < http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

for more information as well as the contact details of the contact person at the DTI. Thanks and best regards, Douglas. -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

rupert THURNER

8:18 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

in interesting discusison. i collected some links: [1] https://en.wikipedia.org/wiki/Freedom_of_panorama [2] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:H… [3] https://de.wikipedia.org/wiki/Panoramafreiheit#.C3.96sterreich [4] http://www1.unisg.ch/www/edis.nsf/SysLkpByIdentifier/3498/$FILE/dis3498.pdf [5] https://upload.wikimedia.org/wikipedia/commons/8/86/REPORT_ON_THE_FREEDOM_O… [6] https://www.admin.ch/opc/en/classified-compilation/19920251/index.html after reading these i think criteria are not bad, as in [5]. first, they compare types: building, 2-dimensional, 3-dimensional, text. switzerland e.g. uses "works", which includes everyting. second, they compare the space where it is located. public space ("öffentlich zugänglich" in german), also interior. and third, they compare usage: commercial use allowed or not. i did not see anything related to the discussion i heard in switzerland about works presented on a public space for a restricted time, an works visible from public space, discussed also in [4]. the swiss law itself is here, in different languages, english included [6]. (only) disadvantage of swiss law seems to be that interior is not good (enough) specified - there are quite some discussions. the map attached to [1] suggests one should choose UK, Austria, India or Australia as example. [2] explains the EU directive and states that austria law is close to it. [5] rates UK quite bad, as well austria is less good for the same reason: specify the works and therefor not including some of the types of work. not sure if Australia does the same (including liam in the mail thread as australian). spain not so good as interior is not included. netherlands is rated best unless i am not misreading it. best, rupert On Tue, Aug 18, 2015 at 12:36 AM, Asaf Bartov <abartov(a)wikimedia.org> wrote:

...

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) < https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

-- Asaf Bartov Wikimedia Foundation <http://www.wikimediafoundation.org> Imagine a world in which every single human being can freely share in the sum of all knowledge. Help us make it a reality! https://donate.wikimedia.org _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

Isla Haddow-Flood

9:05 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hello This is an exciting step forward!!Thanks Rupert for the research. Douglas, it would be great to present case studies of where it does work and why. It would be good to include developing communities - India is a great example – so they can see how it applies to and enhances countries in a developing world context. Excellent! Warmest Isla On 18 August 2015 at 08:18, rupert THURNER <rupert.thurner(a)gmail.com> wrote:

...

Looping in Dimi, who's been working on this at the EU level. Dimi can no doubt advise on the text of a proposed amendment. A. On Mon, Aug 17, 2015 at 3:30 PM, Douglas Scott <

douglas.i.scott(a)gmail.com>

wrote: > Hello everyone, > > As many of you no doubt know the Copy Right Act 1978 section 15 (3) > < >

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

> > > has been a bone of some contention for the South Africa Wikipedia

community

> for a long time now as it has effectively meant that we here in South > Africa are denied Freedom of Panorama > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. > > Last week I was fortunate enough to have attended an event organised by

> Tobias Schonwetter from UCT (and from Creative Commons South Africa) to > discuss a suggested redrafting of the act. I am happy to say that I

feel I

> was able to make a good case to the relevant authorities from the > Department of Trade and Industry as well as others present for the need

> revise the act to allow for Freedom of Panorama. I feel they were very > sympathetic to our concerns about the need and desirability of Freedom

> Panorama in South Africa. > > Now comes the hard part. We need to work on a suggested revision of > Section 15 (3) (or Section 15 generally) to allow for Freedom of

Panorama

> and we need to do it quickly as the deadline for submissions to change

the

> act is the 27th of August 2015. > > My suggestion is to use the Spanish or German Freedom of Panorama acts

> guidelines for us which basically state that people are free to take > pictures or otherwise reproduce works that are permanently found

outside on

> public ways, streets or places (e.g. squares, plazas) and to distribute

and

> publicly communicate such copies. > > Or as the Spanish act says: "Works permanently located in parks,

streets,

> squares or other public places may be freely reproduced, distributed and > communicated by means of paintings, drawings, photographs and

audiovisual

> processes." and goes on to state that this "may not be so interpreted

that

> they could be applied in a manner capable of unreasonably prejudicing

the

> legitimate interests of the author or adversely affecting the normal > exploitation of the works to which they refer." > > I want to notify the community of this opportunity for us to amended the > act as well as the progress the Chapter (Wikimedia South Africa) has

made

> in possibly getting Freedom of Panorama established in South Africa. > > I also wanted to let you know that should you have any comments of your

own

> on the amendment of the Copy Right act of 1978 then please have a look

> the link here > < >

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

> > > for more information as well as the contact details of the contact

person

at the DTI. Thanks and best regards, Douglas. -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

_______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- Isla Haddow-Flood skype: islahaddow twitter: @havingaflood instgram: islig Wikipedia: http://en.wikipedia.org/wiki/User:Islahaddow Linked in: http://za.linkedin.com/pub/isla-haddow-flood

ubuntupunk＠gmail.com

9:54 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) < https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

-- *David Robert Lewis* *PO BOX 4398* *Cape Town* *8000* *South Africa* *Mobile 082 425 1454* *Home 021 448 0021* *Fax **0862396815* *Skype david.robert.lewis*

Linda Sibisi

10:27 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Good morning there guys and how are you? Mr Linda Sibisi Project Manager/Webmaster Tel : 011 410 0131 Cell: 078 264 3605 www.kagisotownship.co.za On Tue, Aug 18, 2015 at 9:54 AM, ubuntupunk(a)gmail.com <ubuntupunk(a)gmail.com> wrote:

...

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott <douglas.i.scott(a)gmail.com

wrote: > Hello everyone,

> As many of you no doubt know the Copy Right Act 1978 section 15 (3) > <

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa >

> has been a bone of some contention for the South Africa Wikipedia community > for a long time now as it has effectively meant that we here in South > Africa are denied Freedom of Panorama > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>.

> Last week I was fortunate enough to have attended an event organised by Dr

Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I

feel I

was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need

to > revise the act to allow for Freedom of Panorama. I feel they were very > sympathetic to our concerns about the need and desirability of Freedom of > Panorama in South Africa.

> Now comes the hard part. We need to work on a suggested revision of > Section 15 (3) (or Section 15 generally) to allow for Freedom of Panorama > and we need to do it quickly as the deadline for submissions to change the > act is the 27th of August 2015.

> My suggestion is to use the Spanish or German Freedom of Panorama acts as > guidelines for us which basically state that people are free to take > pictures or otherwise reproduce works that are permanently found outside on

public ways, streets or places (e.g. squares, plazas) and to distribute

and > publicly communicate such copies.

> Or as the Spanish act says: "Works permanently located in parks, streets, > squares or other public places may be freely reproduced, distributed and > communicated by means of paintings, drawings, photographs and audiovisual > processes." and goes on to state that this "may not be so interpreted that > they could be applied in a manner capable of unreasonably prejudicing the > legitimate interests of the author or adversely affecting the normal > exploitation of the works to which they refer."

> I want to notify the community of this opportunity for us to amended the > act as well as the progress the Chapter (Wikimedia South Africa) has made > in possibly getting Freedom of Panorama established in South Africa.

> I also wanted to let you know that should you have any comments of your own > on the amendment of the Copy Right act of 1978 then please have a look at > the link here > <

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi… >

> for more information as well as the contact details of the contact person > at the DTI.

> Thanks and best regards,

> Douglas.

> -- > Douglas Ian Scott > 司道格 > Skype: douglas0scott > South African mobile number: +27 (0)79 515 8727 > _______________________________________________ > WikimediaZA mailing list > WikimediaZA(a)lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- *David Robert Lewis* *PO BOX 4398* *Cape Town* *8000* *South Africa* *Mobile 082 425 1454* *Home 021 448 0021* *Fax **0862396815* *Skype david.robert.lewis* _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

Douglas Scott

11:16 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hello everyone, I have just received word from the DTI that they are extending the deadline by 15 days from the 27th August to the 16th September 2015. Thanks for research Rupert! You raise some good points and highlighted some great examples from other countries. I also had a look at the UK version as well, which is indeed good, but I am a bit concerned about how complex it is as it distinguishes between 2D graphic works, 3D works (like sculptures and buildings) and 2D "works of artistic craftsmanship". However you are right about the freedom of panorama for 'public interiors' aspect of it, it would be nice to have that as well. However we then should try to distinguish between 2D graphic works displayed for a restricted time in places like galleries (interiors) and 2D works or works in general (on exteriors like graffiti) so that the law can project the copyrights of artists displaying their work. The Indian law looks too restrictive to me as basically any 2D work is off limits and makes not distinction between interior and exterior works or length of time. *Basically anything that is on permanent display in a public space (interior or exterior) and including temporary displays in public exterior spaces should be open for Freedom of Panorama. Whilst 2D graphic works on temporary display in interiors in public spaces should be protected so as to protect the copyright of -for example- artists displaying their work for sale in galleries. *That's my suggestion. Cheers, Douglas. On 18 August 2015 at 10:27, Linda Sibisi <djmlindos(a)gmail.com> wrote:

...

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/

On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott <

douglas.i.scott(a)gmail.com > > > wrote: > > > Hello everyone, > > > > As many of you no doubt know the Copy Right Act 1978 section 15 (3) > > < >

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

has been a bone of some contention for the South Africa Wikipedia

community

for a long time now as it has effectively meant that we here in South Africa are denied Freedom of Panorama <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. Last week I was fortunate enough to have attended an event organised by

Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I

feel I

was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need

to > revise the act to allow for Freedom of Panorama. I feel they were very > sympathetic to our concerns about the need and desirability of Freedom

> Panorama in South Africa. > > Now comes the hard part. We need to work on a suggested revision of > Section 15 (3) (or Section 15 generally) to allow for Freedom of

Panorama

and we need to do it quickly as the deadline for submissions to change

the > act is the 27th of August 2015. > > My suggestion is to use the Spanish or German Freedom of Panorama acts

> guidelines for us which basically state that people are free to take > pictures or otherwise reproduce works that are permanently found

outside

public ways, streets or places (e.g. squares, plazas) and to distribute

and > publicly communicate such copies. > > Or as the Spanish act says: "Works permanently located in parks,

streets,

> squares or other public places may be freely reproduced, distributed

and

> communicated by means of paintings, drawings, photographs and

audiovisual

processes." and goes on to state that this "may not be so interpreted

that > they could be applied in a manner capable of unreasonably prejudicing

the

> legitimate interests of the author or adversely affecting the normal > exploitation of the works to which they refer." > > I want to notify the community of this opportunity for us to amended

the

> act as well as the progress the Chapter (Wikimedia South Africa) has

made

in possibly getting Freedom of Panorama established in South Africa. I also wanted to let you know that should you have any comments of your

own > on the amendment of the Copy Right act of 1978 then please have a look

at > > the link here > > < >

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

> > > for more information as well as the contact details of the contact

person > > at the DTI. > > > > Thanks and best regards, > > > > Douglas. > > > > -- > > Douglas Ian Scott > > 司道格 > > Skype: douglas0scott > > South African mobile number: +27 (0)79 515 8727 > > _______________________________________________ > > WikimediaZA mailing list > > WikimediaZA(a)lists.wikimedia.org > > https://lists.wikimedia.org/mailman/listinfo/wikimediaza >

> -- > *David Robert Lewis* > *PO BOX 4398* > *Cape Town* > *8000* > *South Africa* > > *Mobile 082 425 1454* > *Home 021 448 0021* > *Fax **0862396815* > *Skype david.robert.lewis* > _______________________________________________ > WikimediaZA mailing list > WikimediaZA(a)lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

Douglas Scott

21 Aug 21 Aug

1:30 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hello everyone, apologies for the delay on this. About two days ago it was suggested to me that we setup an etherpad to discuss the issue of what our suggestion should be to amend the South African Copy Right Act of 1978 so as to allow for Freedom of Panorama. I feel that now is a good time to set this etherpad up so that anyone who is interested in contributing to this issue can do so in a collaborative way whilst avoiding spamming other people on this list (who might not be interested in this) with our chatter. You can find the etherpad at the link here- https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(… Looking forward to your contributions. Please remember that the deadline for us to submit a suggestion on how to amend the bill is the 16th September 2015 but I would like to get our submission in on the 15th. Cheers, Douglas. On 18 August 2015 at 09:54, ubuntupunk(a)gmail.com <ubuntupunk(a)gmail.com> wrote:

...

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott <douglas.i.scott(a)gmail.com

wrote: > Hello everyone,

> As many of you no doubt know the Copy Right Act 1978 section 15 (3) > <

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa >

> Last week I was fortunate enough to have attended an event organised by Dr

Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I

feel I

was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need

to > revise the act to allow for Freedom of Panorama. I feel they were very > sympathetic to our concerns about the need and desirability of Freedom of > Panorama in South Africa.

public ways, streets or places (e.g. squares, plazas) and to distribute

and > publicly communicate such copies.

> I also wanted to let you know that should you have any comments of your own > on the amendment of the Copy Right act of 1978 then please have a look at > the link here > <

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi… >

> for more information as well as the contact details of the contact person > at the DTI.

> Thanks and best regards,

> Douglas.

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

Douglas Scott

16 Sep 16 Sep

3:15 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hello everyone, Today I have submitted our recommendation to the DTI on behalf of Wikimedia ZA calling for Freedom of Panorama. I have attached a copy of that recommendation to this email. It was decided to model our request on the one suggested by the Joint Academic Comments on the South African Copyright Amendment Bill with whom we were able to raise and explain our issue with Section 15 and its impact on Freedom of Panorama. Basically we are calling for it to "*be permissible to reproduce, distribute and make available to the public works located permanently in public roads and ways or public spaces. In the case of buildings, this authorisation shall only extend to the façades and interior public spaces thereof*." We have also joined the call for Section 15 to be greatly simplified and modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at UCT), Pria Chetty (who is also a Wikimedia ZA board member as well as a IT Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom of Panorama in the European Union Parliament). The actual drafting of the document was done by myself and I take full responsibility for any issues or errors in it. I want to thank you all for your participation in this. It has been quite a ride. I will keep you all posted on any feedback I get from the DTI moving forward. Cheers, Douglas. On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < douglas.i.scott(a)gmail.com> wrote:

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) <

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

has been a bone of some contention for the South Africa Wikipedia

community

Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I

feel I

was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need

revise the act to allow for Freedom of Panorama. I feel they were very sympathetic to our concerns about the need and desirability of Freedom

Panorama in South Africa. Now comes the hard part. We need to work on a suggested revision of Section 15 (3) (or Section 15 generally) to allow for Freedom of

Panorama

and we need to do it quickly as the deadline for submissions to change

the

act is the 27th of August 2015. My suggestion is to use the Spanish or German Freedom of Panorama acts

guidelines for us which basically state that people are free to take pictures or otherwise reproduce works that are permanently found

outside on

public ways, streets or places (e.g. squares, plazas) and to distribute

and

publicly communicate such copies. Or as the Spanish act says: "Works permanently located in parks,

streets,

squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and

audiovisual

processes." and goes on to state that this "may not be so interpreted

that

they could be applied in a manner capable of unreasonably prejudicing

the

legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer." I want to notify the community of this opportunity for us to amended the act as well as the progress the Chapter (Wikimedia South Africa) has

made

in possibly getting Freedom of Panorama established in South Africa. I also wanted to let you know that should you have any comments of your

own

on the amendment of the Copy Right act of 1978 then please have a look

the link here <

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

for more information as well as the contact details of the contact

person

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

Denise Nicholson

4:22 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

No attachment. Please resend. Thanks Denise ________________________________________ From: Douglas Scott [douglas.i.scott(a)gmail.com] Sent: 16 September 2015 03:15 PM To: Theresa Hume Cc: wikimediaza; Dimitar Parvanov Dimitrov Subject: Re: [Wikimedia ZA] Copyright Act of 1978 amendment process: 27 August deadline Hello everyone, Today I have submitted our recommendation to the DTI on behalf of Wikimedia ZA calling for Freedom of Panorama. I have attached a copy of that recommendation to this email. It was decided to model our request on the one suggested by the Joint Academic Comments on the South African Copyright Amendment Bill with whom we were able to raise and explain our issue with Section 15 and its impact on Freedom of Panorama. Basically we are calling for it to "*be permissible to reproduce, distribute and make available to the public works located permanently in public roads and ways or public spaces. In the case of buildings, this authorisation shall only extend to the façades and interior public spaces thereof*." We have also joined the call for Section 15 to be greatly simplified and modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at UCT), Pria Chetty (who is also a Wikimedia ZA board member as well as a IT Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom of Panorama in the European Union Parliament). The actual drafting of the document was done by myself and I take full responsibility for any issues or errors in it. I want to thank you all for your participation in this. It has been quite a ride. I will keep you all posted on any feedback I get from the DTI moving forward. Cheers, Douglas. On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < douglas.i.scott(a)gmail.com> wrote:

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) <

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

has been a bone of some contention for the South Africa Wikipedia

community

Tobias Schonwetter from UCT (and from Creative Commons South Africa) to discuss a suggested redrafting of the act. I am happy to say that I

feel I

was able to make a good case to the relevant authorities from the Department of Trade and Industry as well as others present for the need

revise the act to allow for Freedom of Panorama. I feel they were very sympathetic to our concerns about the need and desirability of Freedom

Panorama in South Africa. Now comes the hard part. We need to work on a suggested revision of Section 15 (3) (or Section 15 generally) to allow for Freedom of

Panorama

and we need to do it quickly as the deadline for submissions to change

the

act is the 27th of August 2015. My suggestion is to use the Spanish or German Freedom of Panorama acts

guidelines for us which basically state that people are free to take pictures or otherwise reproduce works that are permanently found

outside on

public ways, streets or places (e.g. squares, plazas) and to distribute

and

publicly communicate such copies. Or as the Spanish act says: "Works permanently located in parks,

streets,

squares or other public places may be freely reproduced, distributed and communicated by means of paintings, drawings, photographs and

audiovisual

processes." and goes on to state that this "may not be so interpreted

that

they could be applied in a manner capable of unreasonably prejudicing

the

made

in possibly getting Freedom of Panorama established in South Africa. I also wanted to let you know that should you have any comments of your

own

on the amendment of the Copy Right act of 1978 then please have a look

the link here <

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

for more information as well as the contact details of the contact

person

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 <table width="100%" border="0" cellspacing="0" cellpadding="0" style="width:100%;"> <tr> <td align="left" style="text-align:justify;"><font face="arial,sans-serif" size="1" color="#999999"><span style="font-size:11px;">This communication is intended for the addressee only. It is confidential. If you have received this communication in error, please notify us immediately and destroy the original message. You may not copy or disseminate this communication without the permission of the University. Only authorised signatories are competent to enter into agreements on behalf of the University and recipients are thus advised that the content of this message may not be legally binding on the University and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of The University of the Witwatersrand, Johannesburg. All agreements between the University and outsiders are subject to South African Law unless the University agrees in writing to the contrary. </span></font></td> </tr> </table

Douglas Scott

4:34 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hi Denise, I think that might be because of the content filtering function of this mailing list that could have caused the document, although attached, not to have been send along with the last email. I will turn it off for a few seconds and see if it comes through now as an attachment to this email. Cheers, Douglas. On 16 September 2015 at 16:22, Denise Nicholson <Denise.Nicholson(a)wits.ac.za

...

wrote:

> No attachment. Please resend. > Thanks > Denise > ________________________________________ > From: Douglas Scott [douglas.i.scott(a)gmail.com] > Sent: 16 September 2015 03:15 PM > To: Theresa Hume > Cc: wikimediaza; Dimitar Parvanov Dimitrov > Subject: Re: [Wikimedia ZA] Copyright Act of 1978 amendment process: 27 > August deadline > > Hello everyone, > > Today I have submitted our recommendation to the DTI on behalf of Wikimedia > ZA calling for Freedom of Panorama. I have attached a copy of that > recommendation to this email. It was decided to model our request on the > one suggested by the Joint Academic Comments on the South African Copyright > Amendment Bill with whom we were able to raise and explain our issue with > Section 15 and its impact on Freedom of Panorama. > > Basically we are calling for it to "*be permissible to reproduce, > distribute and make available to the public works located permanently in > public roads and ways or public spaces. In the case of buildings, this > authorisation shall only extend to the façades and interior public spaces > thereof*." > > We have also joined the call for Section 15 to be greatly simplified and > modernized as well as a broadening of fair use. > > I want to especially thank Dr Tobias Schonwetter (Copyright expert at UCT), > Pria Chetty (who is also a Wikimedia ZA board member as well as a IT > Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom of > Panorama in the European Union Parliament). > > The actual drafting of the document was done by myself and I take full > responsibility for any issues or errors in it. > > I want to thank you all for your participation in this. It has been quite > a ride. I will keep you all posted on any feedback I get from the DTI > moving forward. > > Cheers, > > Douglas. > > On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com>

...

wrote:

> > > Hello everyone, apologies for the delay on this. About two days ago it > > was suggested to me that we setup an etherpad to discuss the issue of > what > > our suggestion should be to amend the South African Copy Right Act of > 1978 > > so as to allow for Freedom of Panorama. I feel that now is a good time > to > > set this etherpad up so that anyone who is interested in contributing to > > this issue can do so in a collaborative way whilst avoiding spamming > other > > people on this list (who might not be interested in this) with our > chatter. > > > > You can find the etherpad at the link here- > > > https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(… > > > > Looking forward to your contributions. Please remember that the deadline > > for us to submit a suggestion on how to amend the bill is the 16th > > September 2015 but I would like to get our submission in on the 15th. > > > > Cheers, > > > > Douglas. > > > > On 18 August 2015 at 09:54, ubuntupunk(a)gmail.com <ubuntupunk(a)gmail.com> >

...

wrote:

> > > >> > >> > http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ > >> > >> On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < > >> douglas.i.scott(a)gmail.com> > >

...

wrote:

> >> > >> > Hello everyone, > >> > > >> > As many of you no doubt know the Copy Right Act 1978 section 15 (3) > >> > < > >> > > >> > https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa > >> > > > >> > has been a bone of some contention for the South Africa Wikipedia > >> community > >> > for a long time now as it has effectively meant that we here in South > >> > Africa are denied Freedom of Panorama > >> > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. > >> > > >> > Last week I was fortunate enough to have attended an event organised > by > >> Dr > >> > Tobias Schonwetter from UCT (and from Creative Commons South Africa) > to > >> > discuss a suggested redrafting of the act. I am happy to say that I > >> feel I > >> > was able to make a good case to the relevant authorities from the > >> > Department of Trade and Industry as well as others present for the > need > >> to > >> > revise the act to allow for Freedom of Panorama. I feel they were > very > >> > sympathetic to our concerns about the need and desirability of Freedom > >> of > >> > Panorama in South Africa. > >> > > >> > Now comes the hard part. We need to work on a suggested revision of > >> > Section 15 (3) (or Section 15 generally) to allow for Freedom of > >> Panorama > >> > and we need to do it quickly as the deadline for submissions to change > >> the > >> > act is the 27th of August 2015. > >> > > >> > My suggestion is to use the Spanish or German Freedom of Panorama acts > >> as > >> > guidelines for us which basically state that people are free to take > >> > pictures or otherwise reproduce works that are permanently found > >> outside on > >> > public ways, streets or places (e.g. squares, plazas) and to > distribute > >> and > >> > publicly communicate such copies. > >> > > >> > Or as the Spanish act says: "Works permanently located in parks, > >> streets, > >> > squares or other public places may be freely reproduced, distributed > and > >> > communicated by means of paintings, drawings, photographs and > >> audiovisual > >> > processes." and goes on to state that this "may not be so interpreted > >> that > >> > they could be applied in a manner capable of unreasonably prejudicing > >> the > >> > legitimate interests of the author or adversely affecting the normal > >> > exploitation of the works to which they refer." > >> > > >> > I want to notify the community of this opportunity for us to amended > the > >> > act as well as the progress the Chapter (Wikimedia South Africa) has > >> made > >> > in possibly getting Freedom of Panorama established in South Africa. > >> > > >> > I also wanted to let you know that should you have any comments of > your > >> own > >> > on the amendment of the Copy Right act of 1978 then please have a look > >> at > >> > the link here > >> > < > >> > > >> > http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi… > >> > > > >> > for more information as well as the contact details of the contact > >> person > >> > at the DTI. > >> > > >> > Thanks and best regards, > >> > > >> > Douglas. > >> > > >> > -- > >> > Douglas Ian Scott > >> > 司道格 > >> > Skype: douglas0scott > >> > South African mobile number: +27 (0)79 515 8727 > >> > _______________________________________________ > >> > WikimediaZA mailing list > >> > WikimediaZA(a)lists.wikimedia.org > >> > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > >> > > >> > >> > >> > >> -- > >> *David Robert Lewis* > >> *PO BOX 4398* > >> *Cape Town* > >> *8000* > >> *South Africa* > >> > >> *Mobile 082 425 1454* > >> *Home 021 448 0021* > >> *Fax **0862396815* > >> *Skype david.robert.lewis* > >> _______________________________________________ > >> WikimediaZA mailing list > >> WikimediaZA(a)lists.wikimedia.org > >> https://lists.wikimedia.org/mailman/listinfo/wikimediaza > >> > > > > > > > > -- > > Douglas Ian Scott > > 司道格 > > Skype: douglas0scott > > South African mobile number: +27 (0)79 515 8727 > > > > > > -- > Douglas Ian Scott > 司道格 > Skype: douglas0scott > South African mobile number: +27 (0)79 515 8727 > > <table width="100%" border="0" cellspacing="0" cellpadding="0" > style="width:100%;"> > <tr> > <td align="left" style="text-align:justify;"><font face="arial,sans-serif" > size="1" color="#999999"><span style="font-size:11px;">This communication > is intended for the addressee only. It is confidential. If you have > received this communication in error, please notify us immediately and > destroy the original message. You may not copy or disseminate this > communication without the permission of the University. Only authorised > signatories are competent to enter into agreements on behalf of the > University and recipients are thus advised that the content of this message > may not be legally binding on the University and may contain the personal > views and opinions of the author, which are not necessarily the views and > opinions of The University of the Witwatersrand, Johannesburg. All > agreements between the University and outsiders are subject to South > African Law unless the University agrees in writing to the contrary. > </span></font></td> > </tr> > </table > _______________________________________________ > WikimediaZA mailing list > WikimediaZA(a)lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

Denise Nicholson

7:18 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

No, unfortunately it hasn't come through. I also included something about freedom of panarama in my comments. Regards Denise ________________________________________ From: Douglas Scott [douglas.i.scott(a)gmail.com] Sent: 16 September 2015 04:34 PM To: Theresa Hume Cc: wikimediaza; Dimitar Parvanov Dimitrov Subject: Re: [Wikimedia ZA] Copyright Act of 1978 amendment process: 27 August deadline Hi Denise, I think that might be because of the content filtering function of this mailing list that could have caused the document, although attached, not to have been send along with the last email. I will turn it off for a few seconds and see if it comes through now as an attachment to this email. Cheers, Douglas. On 16 September 2015 at 16:22, Denise Nicholson <Denise.Nicholson(a)wits.ac.za

...

wrote:

...

wrote:

...

wrote:

> > > >> > >> > http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ > >> > >> On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < > >> douglas.i.scott(a)gmail.com> > >

...

wrote:

rupert THURNER

19 Sep 19 Sep

7:42 a.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

you have it somewhere on wiki? On Wed, Sep 16, 2015 at 7:18 PM, Denise Nicholson < Denise.Nicholson(a)wits.ac.za> wrote:

...

wrote:

Wikimedia

ZA calling for Freedom of Panorama. I have attached a copy of that recommendation to this email. It was decided to model our request on the one suggested by the Joint Academic Comments on the South African

Amendment Bill with whom we were able to raise and explain our issue with Section 15 and its impact on Freedom of Panorama. Basically we are calling for it to "*be permissible to reproduce, distribute and make available to the public works located permanently in public roads and ways or public spaces. In the case of buildings, this authorisation shall only extend to the façades and interior public spaces thereof*." We have also joined the call for Section 15 to be greatly simplified and modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at

UCT),

Pria Chetty (who is also a Wikimedia ZA board member as well as a IT Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom of Panorama in the European Union Parliament). The actual drafting of the document was done by myself and I take full responsibility for any issues or errors in it. I want to thank you all for your participation in this. It has been

quite > a ride. I will keep you all posted on any feedback I get from the DTI > moving forward. > > Cheers, > > Douglas. > > On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com>

wrote:

this issue can do so in a collaborative way whilst avoiding spamming

other

people on this list (who might not be interested in this) with our

chatter.

You can find the etherpad at the link here-

https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(…

> > Looking forward to your contributions. Please remember that the

deadline > > for us to submit a suggestion on how to amend the bill is the 16th > > September 2015 but I would like to get our submission in on the 15th. > > > > Cheers, > > > > Douglas. > > > > On 18 August 2015 at 09:54, ubuntupunk(a)gmail.com <ubuntupunk(a)gmail.com > >

wrote:

> > > >> > >> > http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/

> > On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < > douglas.i.scott(a)gmail.com> > wrote: > > > Hello everyone, > > > > As many of you no doubt know the Copy Right Act 1978 section 15 (3) > > < > > >

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

>> > > >> > has been a bone of some contention for the South Africa Wikipedia >> community >> > for a long time now as it has effectively meant that we here in

South

> > Africa are denied Freedom of Panorama > > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. > > > > Last week I was fortunate enough to have attended an event organised

> Dr > > Tobias Schonwetter from UCT (and from Creative Commons South Africa)

> > discuss a suggested redrafting of the act. I am happy to say that I > feel I > > was able to make a good case to the relevant authorities from the > > Department of Trade and Industry as well as others present for the

need

> to > > revise the act to allow for Freedom of Panorama. I feel they were

very >> > sympathetic to our concerns about the need and desirability of

Freedom

>> of >> > Panorama in South Africa. >> > >> > Now comes the hard part. We need to work on a suggested revision of >> > Section 15 (3) (or Section 15 generally) to allow for Freedom of >> Panorama >> > and we need to do it quickly as the deadline for submissions to

change

>> the >> > act is the 27th of August 2015. >> > >> > My suggestion is to use the Spanish or German Freedom of Panorama

acts

> as > > guidelines for us which basically state that people are free to take > > pictures or otherwise reproduce works that are permanently found > outside on > > public ways, streets or places (e.g. squares, plazas) and to

distribute

> and > > publicly communicate such copies. > > > > Or as the Spanish act says: "Works permanently located in parks, > streets, > > squares or other public places may be freely reproduced, distributed

and >> > communicated by means of paintings, drawings, photographs and >> audiovisual >> > processes." and goes on to state that this "may not be so

interpreted

>> that >> > they could be applied in a manner capable of unreasonably

prejudicing

> the > > legitimate interests of the author or adversely affecting the normal > > exploitation of the works to which they refer." > > > > I want to notify the community of this opportunity for us to amended

the

> > act as well as the progress the Chapter (Wikimedia South Africa) has > made > > in possibly getting Freedom of Panorama established in South Africa. > > > > I also wanted to let you know that should you have any comments of

your >> own >> > on the amendment of the Copy Right act of 1978 then please have a

look

> at > > the link here > > < > > >

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

> > > for more information as well as the contact details of the contact person > at the DTI. > > Thanks and best regards, > > Douglas. > > -- > Douglas Ian Scott > 司道格 > Skype: douglas0scott > South African mobile number: +27 (0)79 515 8727 > _______________________________________________ > WikimediaZA mailing list > WikimediaZA(a)lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > -- *David Robert Lewis* *PO BOX 4398* *Cape Town* *8000* *South Africa* *Mobile 082 425 1454* *Home 021 448 0021* *Fax **0862396815* *Skype david.robert.lewis* _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

face="arial,sans-serif"

size="1" color="#999999"><span style="font-size:11px;">This communication is intended for the addressee only. It is confidential. If you have received this communication in error, please notify us immediately and destroy the original message. You may not copy or disseminate this communication without the permission of the University. Only authorised signatories are competent to enter into agreements on behalf of the University and recipients are thus advised that the content of this

message

may not be legally binding on the University and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of The University of the Witwatersrand, Johannesburg. All agreements between the University and outsiders are subject to South African Law unless the University agrees in writing to the contrary. </span></font></td> </tr> </table _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

Douglas Scott

6:59 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Hi Rupert, Thanks for the suggestion! I have just uploaded it to commons and can be accessed at this link: https://commons.wikimedia.org/wiki/File:Wikimedia_Copyright_Submissions_to_… Cheers, Douglas. On 19 September 2015 at 07:42, rupert THURNER <rupert.thurner(a)gmail.com> wrote:

...

you have it somewhere on wiki? On Wed, Sep 16, 2015 at 7:18 PM, Denise Nicholson < Denise.Nicholson(a)wits.ac.za> wrote:

function

of this mailing list that could have caused the document, although attached, not to have been send along with the last email. I will turn

off for a few seconds and see if it comes through now as an attachment to this email. Cheers, Douglas. On 16 September 2015 at 16:22, Denise Nicholson < Denise.Nicholson(a)wits.ac.za

wrote:

Wikimedia > ZA calling for Freedom of Panorama. I have attached a copy of that > recommendation to this email. It was decided to model our request on

the

one suggested by the Joint Academic Comments on the South African

with

> Section 15 and its impact on Freedom of Panorama. > > Basically we are calling for it to "*be permissible to reproduce, > distribute and make available to the public works located permanently

> public roads and ways or public spaces. In the case of buildings, this > authorisation shall only extend to the façades and interior public

spaces

> thereof*." > > We have also joined the call for Section 15 to be greatly simplified

and

modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at

UCT), > Pria Chetty (who is also a Wikimedia ZA board member as well as a IT > Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom

Panorama in the European Union Parliament). The actual drafting of the document was done by myself and I take full responsibility for any issues or errors in it. I want to thank you all for your participation in this. It has been

quite > a ride. I will keep you all posted on any feedback I get from the DTI > moving forward. > > Cheers, > > Douglas. > > On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com> > wrote: > > > Hello everyone, apologies for the delay on this. About two days ago

> > was suggested to me that we setup an etherpad to discuss the issue of > what > > our suggestion should be to amend the South African Copy Right Act of > 1978 > > so as to allow for Freedom of Panorama. I feel that now is a good

time

to > set this etherpad up so that anyone who is interested in contributing

this issue can do so in a collaborative way whilst avoiding spamming

other

people on this list (who might not be interested in this) with our

chatter.

You can find the etherpad at the link here-

https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(…

> > Looking forward to your contributions. Please remember that the

ubuntupunk(a)gmail.com

wrote: > >

http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/

> >> > >> On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott < > >> douglas.i.scott(a)gmail.com> > >> wrote: > >> > >> > Hello everyone, > >> > > >> > As many of you no doubt know the Copy Right Act 1978 section 15

(3)

> > < > > >

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

>> > > >> > has been a bone of some contention for the South Africa Wikipedia >> community >> > for a long time now as it has effectively meant that we here in

South > >> > Africa are denied Freedom of Panorama > >> > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>. > >> > > >> > Last week I was fortunate enough to have attended an event

organised

> by > >> Dr > >> > Tobias Schonwetter from UCT (and from Creative Commons South

Africa)

> to > >> > discuss a suggested redrafting of the act. I am happy to say

that I

> feel I > > was able to make a good case to the relevant authorities from the > > Department of Trade and Industry as well as others present for the

need

> to > > revise the act to allow for Freedom of Panorama. I feel they were

very >> > sympathetic to our concerns about the need and desirability of

Freedom > >> of > >> > Panorama in South Africa. > >> > > >> > Now comes the hard part. We need to work on a suggested revision

>> > Section 15 (3) (or Section 15 generally) to allow for Freedom of >> Panorama >> > and we need to do it quickly as the deadline for submissions to

change

>> the >> > act is the 27th of August 2015. >> > >> > My suggestion is to use the Spanish or German Freedom of Panorama

acts > >> as > >> > guidelines for us which basically state that people are free to

take

> >> > pictures or otherwise reproduce works that are permanently found > >> outside on > >> > public ways, streets or places (e.g. squares, plazas) and to > distribute > >> and > >> > publicly communicate such copies. > >> > > >> > Or as the Spanish act says: "Works permanently located in parks, > >> streets, > >> > squares or other public places may be freely reproduced,

distributed

and >> > communicated by means of paintings, drawings, photographs and >> audiovisual >> > processes." and goes on to state that this "may not be so

interpreted

>> that >> > they could be applied in a manner capable of unreasonably

prejudicing > >> the > >> > legitimate interests of the author or adversely affecting the

normal

> >> > exploitation of the works to which they refer." > >> > > >> > I want to notify the community of this opportunity for us to

amended

> the > >> > act as well as the progress the Chapter (Wikimedia South Africa)

has

> >> made > >> > in possibly getting Freedom of Panorama established in South

Africa. > > >> > > > >> > I also wanted to let you know that should you have any comments of > > your > > >> own > > >> > on the amendment of the Copy Right act of 1978 then please have a > look > > >> at > > >> > the link here

> > < > > >

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

> > > > > for more information as well as the contact details of the contact > person > > at the DTI. > > > > Thanks and best regards, > > > > Douglas. > > > > -- > > Douglas Ian Scott > > 司道格 > > Skype: douglas0scott > > South African mobile number: +27 (0)79 515 8727 > > _______________________________________________ > > WikimediaZA mailing list > > WikimediaZA(a)lists.wikimedia.org > > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > > > > > > -- > *David Robert Lewis* > *PO BOX 4398* > *Cape Town* > *8000* > *South Africa* > > *Mobile 082 425 1454* > *Home 021 448 0021* > *Fax **0862396815* > *Skype david.robert.lewis* > _______________________________________________ > WikimediaZA mailing list > WikimediaZA(a)lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

face="arial,sans-serif" > size="1" color="#999999"><span style="font-size:11px;">This

communication

is intended for the addressee only. It is confidential. If you have received this communication in error, please notify us immediately and destroy the original message. You may not copy or disseminate this communication without the permission of the University. Only authorised signatories are competent to enter into agreements on behalf of the University and recipients are thus advised that the content of this

message > may not be legally binding on the University and may contain the

personal

> views and opinions of the author, which are not necessarily the views

and

opinions of The University of the Witwatersrand, Johannesburg. All agreements between the University and outsiders are subject to South African Law unless the University agrees in writing to the contrary. </span></font></td> </tr> </table _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

face="arial,sans-serif"

message

_______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727

rupert THURNER

7:08 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

i like the letter a lot! many thanks!! rupert On Sat, Sep 19, 2015 at 6:59 PM, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

you have it somewhere on wiki? On Wed, Sep 16, 2015 at 7:18 PM, Denise Nicholson < Denise.Nicholson(a)wits.ac.za> wrote:

function

of this mailing list that could have caused the document, although attached, not to have been send along with the last email. I will turn

it > off for a few seconds and see if it comes through now as an attachment

> this email. > > Cheers, > > Douglas. > > On 16 September 2015 at 16:22, Denise Nicholson < > Denise.Nicholson(a)wits.ac.za > > wrote: > > > No attachment. Please resend. > > Thanks > > Denise > > ________________________________________ > > From: Douglas Scott [douglas.i.scott(a)gmail.com] > > Sent: 16 September 2015 03:15 PM > > To: Theresa Hume > > Cc: wikimediaza; Dimitar Parvanov Dimitrov > > Subject: Re: [Wikimedia ZA] Copyright Act of 1978 amendment process:

August deadline Hello everyone, Today I have submitted our recommendation to the DTI on behalf of

Wikimedia > ZA calling for Freedom of Panorama. I have attached a copy of that > recommendation to this email. It was decided to model our request on

the

one suggested by the Joint Academic Comments on the South African

with

> Section 15 and its impact on Freedom of Panorama. > > Basically we are calling for it to "*be permissible to reproduce, > distribute and make available to the public works located permanently

in > > public roads and ways or public spaces. In the case of buildings,

this

> authorisation shall only extend to the façades and interior public

spaces

> thereof*." > > We have also joined the call for Section 15 to be greatly simplified

and

modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at

UCT), > Pria Chetty (who is also a Wikimedia ZA board member as well as a IT > Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom

of > > Panorama in the European Union Parliament). > > > > The actual drafting of the document was done by myself and I take

full

> > responsibility for any issues or errors in it. > > > > I want to thank you all for your participation in this. It has been > quite > > a ride. I will keep you all posted on any feedback I get from the

DTI

> moving forward. > > Cheers, > > Douglas. > > On 21 August 2015 at 13:30, Douglas Scott <douglas.i.scott(a)gmail.com

> > wrote: > > > > > Hello everyone, apologies for the delay on this. About two days

ago

it > > > was suggested to me that we setup an etherpad to discuss the issue

> > what > > > our suggestion should be to amend the South African Copy Right Act

> 1978 > > so as to allow for Freedom of Panorama. I feel that now is a good

time > > to > > > set this etherpad up so that anyone who is interested in

contributing

> to > > > this issue can do so in a collaborative way whilst avoiding

spamming

other > people on this list (who might not be interested in this) with our chatter. > > You can find the etherpad at the link here- >

https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(…

> > > > > > Looking forward to your contributions. Please remember that the > deadline > > > for us to submit a suggestion on how to amend the bill is the 16th > > > September 2015 but I would like to get our submission in on the

15th.

> > > > Cheers, > > > > Douglas. > > > > On 18 August 2015 at 09:54, ubuntupunk(a)gmail.com <

ubuntupunk(a)gmail.com

> wrote: > >> >>

(3)

>> > < >> > >>

https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

> > >> > > > > >> > has been a bone of some contention for the South Africa

Wikipedia

>> community >> > for a long time now as it has effectively meant that we here in

South > >> > Africa are denied Freedom of Panorama > >> > <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama

> >> > > >> > Last week I was fortunate enough to have attended an event

organised

> by > >> Dr > >> > Tobias Schonwetter from UCT (and from Creative Commons South

Africa)

> to > >> > discuss a suggested redrafting of the act. I am happy to say

that I > > >> feel I > > >> > was able to make a good case to the relevant authorities from

the

> > >> > Department of Trade and Industry as well as others present for

the

> > need > > >> to > > >> > revise the act to allow for Freedom of Panorama. I feel they

were

> > very > > >> > sympathetic to our concerns about the need and desirability of > Freedom > > >> of > > >> > Panorama in South Africa. > > >> > > > >> > Now comes the hard part. We need to work on a suggested

revision

of > > >> > Section 15 (3) (or Section 15 generally) to allow for Freedom of > > >> Panorama > > >> > and we need to do it quickly as the deadline for submissions to > change > > >> the > > >> > act is the 27th of August 2015. > > >> > > > >> > My suggestion is to use the Spanish or German Freedom of

Panorama

acts > >> as > >> > guidelines for us which basically state that people are free to

take

distributed

and >> > communicated by means of paintings, drawings, photographs and >> audiovisual >> > processes." and goes on to state that this "may not be so

interpreted

>> that >> > they could be applied in a manner capable of unreasonably

prejudicing > >> the > >> > legitimate interests of the author or adversely affecting the

normal

> >> > exploitation of the works to which they refer." > >> > > >> > I want to notify the community of this opportunity for us to

amended

> the > >> > act as well as the progress the Chapter (Wikimedia South Africa)

has

> >> made > >> > in possibly getting Freedom of Panorama established in South

Africa. > > >> > > > >> > I also wanted to let you know that should you have any comments

> > your > > >> own > > >> > on the amendment of the Copy Right act of 1978 then please have

look

>> at >> > the link here >> > < >> > >>

http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bi…

> > >> > > > > >> > for more information as well as the contact details of the

contact

>> person >> > at the DTI. >> > >> > Thanks and best regards, >> > >> > Douglas. >> > >> > -- >> > Douglas Ian Scott >> > 司道格 >> > Skype: douglas0scott >> > South African mobile number: +27 (0)79 515 8727 >> > _______________________________________________ >> > WikimediaZA mailing list >> > WikimediaZA(a)lists.wikimedia.org >> > https://lists.wikimedia.org/mailman/listinfo/wikimediaza >> > >> >> >> >> -- >> *David Robert Lewis* >> *PO BOX 4398* >> *Cape Town* >> *8000* >> *South Africa* >> >> *Mobile 082 425 1454* >> *Home 021 448 0021* >> *Fax **0862396815* >> *Skype david.robert.lewis* >> _______________________________________________ >> WikimediaZA mailing list >> WikimediaZA(a)lists.wikimedia.org >> https://lists.wikimedia.org/mailman/listinfo/wikimediaza >> > > > > -- > Douglas Ian Scott > 司道格 > Skype: douglas0scott > South African mobile number: +27 (0)79 515 8727 > -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 <table width="100%" border="0" cellspacing="0" cellpadding="0" style="width:100%;"> <tr> <td align="left" style="text-align:justify;"><font

face="arial,sans-serif" > size="1" color="#999999"><span style="font-size:11px;">This

communication > > is intended for the addressee only. It is confidential. If you have > > received this communication in error, please notify us immediately

and

> > destroy the original message. You may not copy or disseminate this > > communication without the permission of the University. Only

authorised

signatories are competent to enter into agreements on behalf of the University and recipients are thus advised that the content of this

message > may not be legally binding on the University and may contain the

personal

> views and opinions of the author, which are not necessarily the views

and

face="arial,sans-serif" > size="1" color="#999999"><span style="font-size:11px;">This

communication

message > may not be legally binding on the University and may contain the

personal

> views and opinions of the author, which are not necessarily the views

and

_______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza

ubuntupunk＠gmail.com

24 Aug 24 Aug

1:22 p.m.

New subject: Copyright Act of 1978 amendment process: 27 August deadline

Draft Amendments to Copyright Act could give some creators a shock, Op-Ed Pg9 Cape Times 18 August 2015 http://www.pressreader.com/topics/417326 On Tue, Aug 18, 2015 at 12:30 AM, Douglas Scott <douglas.i.scott(a)gmail.com> wrote:

...

Hello everyone, As many of you no doubt know the Copy Right Act 1978 section 15 (3) < https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa

-- *David Robert Lewis* *PO BOX 4398* *Cape Town* *8000* *South Africa* *Mobile 082 425 1454* *Home 021 448 0021* *Fax **0862396815* *Skype david.robert.lewis*

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Asaf Bartov
Denise Nicholson
Douglas Scott
Isla Haddow-Flood
Linda Sibisi
rupert THURNER
ubuntupunk＠gmail.com