Re: [Wikimedia ZA] WikimediaZA Digest, Vol 80, Issue 3 - WikimediaZA

4 Aug 2017

Well done Douglas, sorry I couldn't make it to support you.

On Friday, August 4, 2017, &lt;wikimediaza-request(a)lists.wikimedia.org&gt; wrote:

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 Today's Topics:

    1. Re: Processing of the Copyright and Performers'
       ProtectionAmendment Bills (Douglas Scott)
    2. 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 &lt;douglas.i.scott(a)gmail.com <javascript:;>>
 To: wikimediaza &lt;wikimediaza(a)lists.wikimedia.org <javascript:;>>
 Subject: Re: [Wikimedia ZA] Processing of the Copyright and
         Performers'     ProtectionAmendment Bills
 Message-ID:
         <
 CAJ6y08Ewc2mVxVGQdzZHL7wTyB8LXrqmrP7_0XRWARMs0wKFcg(a)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 &lt;douglas.i.scott(a)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
  2017.

 Cheers,

 Douglas.

 ---------- Forwarded message ----------
 From: Andre Hermans &lt;ahermans(a)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:*

 1. 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;

 1. Confirmation of attendance is 12:00 pm on 26 July 2017 and not 26 June
 2017.
 2. 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:

 1. Confirm attendance by 13:00 on Wednesday, 26 June 2017.
 2. 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:

 1. Public hearings in August 2017 will only be on the Copyright Amendment
 Bill.

 2. 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.

 3. 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.

 4. 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;

 1. No public hearings on 27, 28 and 29 June 2017.
 2. Closing date for submission is Friday, 30 June 2017.
 3. Public hearings will be scheduled in August 2017.
 4. 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.

 1. An advert calling for submissions on the Copyright Bill.
 2. A copy of the Bill.

 Please note the following:

 1. 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.
  3. 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 &lt;davidrichfield(a)gmail.com <javascript:;>>
 To: Wikimedia South Africa Mailing List
         &lt;wikimediaza(a)lists.wikimedia.org <javascript:;>>
 Subject: Re: [Wikimedia ZA] Processing of the Copyright and
         Performers' ProtectionAmendment Bills
 Message-ID:
         <
 CAE_D4n5RtWw1Qvcf5DZAQSF9T7cBXMe2dQpLYTjc5rTP9Ss3aQ(a)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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 End of WikimediaZA Digest, Vol 80, Issue 3
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*Researcher & Editor*
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