Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180 <011%20535%208180>. It will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof. Karijker from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum, ‘more and more questions’ are surfacing according to parliamentary legal adviser Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified during May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been promulgated and incorporated. Although no timeframe was given for the completion of the reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" douglas.i.scott@gmail.com wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180 <011%20535%208180>. It will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof. Karijker from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum, ‘more and more questions’ are surfacing according to parliamentary legal adviser Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified during May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been promulgated and incorporated. Although no timeframe was given for the completion of the reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
Hi David,
Version B that Denise is referring to is the second draft of the Bill following the presentation to parliament I (on behalf of Wikimedia ZA) and many others made to parliament back in August. To the best of my knowledge version B is not yet out but there is still a risk that it might not include Freedom of Panorama.
That's basically the difference. Version A was the one that was share with us earlier this year that did not include any Freedom of Panorama which is why I presented at parliament.
Update on the Fair Use/Fair Dealing debate: I am told that the radio discussion has a pro-fair dealing heavy panel and there is currently a big PR effort by the Fair Dealing team to keep restrictive copyright laws in force in the new Copyright Act. However one feels about the Fair Use or Fair Dealing and more or less restrictive copyright laws the public (such as all of us on this mailing list) is encouraged to tune in and call in to ask our questions or give our opinions.
Personally I am for more relaxed copyright laws that I believe make our lives as Wikipedia editors easier and promote what I view as the public good which is why I am supportive of the Creative Commons push for Fair Use. But that is just my personal view point and not a chapter one as we as a chapter haven't really talked about the fair use issue. We have only talked about and agreed on the Freedom of Panorama issue.
Regards,
Douglas.
On 12 October 2017 at 17:56, David Richfield davidrichfield@gmail.com wrote:
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" douglas.i.scott@gmail.com wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180 <011%20535%208180>.
It
will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof.
Karijker
from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum,
‘more
and more questions’ are surfacing according to parliamentary legal
adviser
Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified
during
May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been
promulgated
and incorporated. Although no timeframe was given for the completion of
the
reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
Hi Douglas,
The issue is that if fair use is not approved in the Bill, fair dealing will apply and this does not address the digital world at all. Fair use, if open and not limited to a few acts, will allow transformative use, text and data mining, and accommodate new and unthought-of uses at this stage. Technology changes so fast that new uses could be available tomorrow, or next year, and without fair use, access to information would be restricted. Fair use provides the flexibility to be able to use new technologies in ways that fair dealing doesn't. As I said in a previous email, if freedom of panorama is not included in the Bill (although I got the distinct impression in the parliamentary hearings that everyone agreed it should be), then your only other option is Fair Use, not Fair Dealing.
If you want to read up more about fair use and see some of the Best Practice Guidelines by creative industries in the States, you can find this at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/fairuse_fairdealing You can also find some of the issues and comments on the 2017 Bill at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/SA_Copyright_Amendm...
Regards Denise
-----Original Message----- From: Douglas Scott [mailto:douglas.i.scott@gmail.com] Sent: 13 October 2017 10:54 AM To: wikimediaza wikimediaza@lists.wikimedia.org Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill
Hi David,
Version B that Denise is referring to is the second draft of the Bill following the presentation to parliament I (on behalf of Wikimedia ZA) and many others made to parliament back in August. To the best of my knowledge version B is not yet out but there is still a risk that it might not include Freedom of Panorama.
That's basically the difference. Version A was the one that was share with us earlier this year that did not include any Freedom of Panorama which is why I presented at parliament.
Update on the Fair Use/Fair Dealing debate: I am told that the radio discussion has a pro-fair dealing heavy panel and there is currently a big PR effort by the Fair Dealing team to keep restrictive copyright laws in force in the new Copyright Act. However one feels about the Fair Use or Fair Dealing and more or less restrictive copyright laws the public (such as all of us on this mailing list) is encouraged to tune in and call in to ask our questions or give our opinions.
Personally I am for more relaxed copyright laws that I believe make our lives as Wikipedia editors easier and promote what I view as the public good which is why I am supportive of the Creative Commons push for Fair Use. But that is just my personal view point and not a chapter one as we as a chapter haven't really talked about the fair use issue. We have only talked about and agreed on the Freedom of Panorama issue.
Regards,
Douglas.
On 12 October 2017 at 17:56, David Richfield davidrichfield@gmail.com wrote:
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" douglas.i.scott@gmail.com wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180 <011%20535%208180>.
It
will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof.
Karijker
from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum,
‘more
and more questions’ are surfacing according to parliamentary legal
adviser
Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified
during
May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been
promulgated
and incorporated. Although no timeframe was given for the completion of
the
reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists.wikimedia.org
<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
Hi,
It is the reworked Copyright Amendment Bill since the public hearings in August 2017.
Regards Denise
-----Original Message----- From: David Richfield [mailto:davidrichfield@gmail.com] Sent: 12 October 2017 05:56 PM To: Wikimedia South Africa Mailing List wikimediaza@lists.wikimedia.org Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" douglas.i.scott@gmail.com wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180 <011%20535%208180>. It will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof. Karijker from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum, ‘more and more questions’ are surfacing according to parliamentary legal adviser Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified during May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been promulgated and incorporated. Although no timeframe was given for the completion of the reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
_______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists.wikimedia.org
<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
Thanks for the clarification Denise. That is good to know. I thought that fair use vs fair dealing was still a bit of coin toss at this stage. I am sorry to hear that fair use is loosing ground. I share your interpretation that if we dont get Freedom of Panorama then fair use is our only port of call. I would go further and also say that fair use is important for many other Wikipedia tasks in addition to the general good of the public. It allows us to make the fair use argument https://en.wikipedia.org/wiki/Wikipedia:Non-free_use_rationale_guideline for otherwise copyrighted content on Wikipedia like notable works of art or historic photographs. I am not so sure how they would hold up under a fair dealing regime.
Fair use is also very important for the technology community broadly in South Africa and having more domestic tech firms and technology enthusiasts stand up for it would go a long way towards building a stronger tech sector in the country.
On 13 October 2017 at 11:05, Denise Nicholson Denise.Nicholson@wits.ac.za wrote:
Hi Douglas,
The issue is that if fair use is not approved in the Bill, fair dealing will apply and this does not address the digital world at all. Fair use, if open and not limited to a few acts, will allow transformative use, text and data mining, and accommodate new and unthought-of uses at this stage. Technology changes so fast that new uses could be available tomorrow, or next year, and without fair use, access to information would be restricted. Fair use provides the flexibility to be able to use new technologies in ways that fair dealing doesn't. As I said in a previous email, if freedom of panorama is not included in the Bill (although I got the distinct impression in the parliamentary hearings that everyone agreed it should be), then your only other option is Fair Use, not Fair Dealing.
If you want to read up more about fair use and see some of the Best Practice Guidelines by creative industries in the States, you can find this at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/ fairuse_fairdealing You can also find some of the issues and comments on the 2017 Bill at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/ SA_Copyright_Amendment_Bill_2017
Regards Denise
-----Original Message----- From: Douglas Scott [mailto:douglas.i.scott@gmail.com] Sent: 13 October 2017 10:54 AM To: wikimediaza wikimediaza@lists.wikimedia.org Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill
Hi David,
Version B that Denise is referring to is the second draft of the Bill following the presentation to parliament I (on behalf of Wikimedia ZA) and many others made to parliament back in August. To the best of my knowledge version B is not yet out but there is still a risk that it might not include Freedom of Panorama.
That's basically the difference. Version A was the one that was share with us earlier this year that did not include any Freedom of Panorama which is why I presented at parliament.
Update on the Fair Use/Fair Dealing debate: I am told that the radio discussion has a pro-fair dealing heavy panel and there is currently a big PR effort by the Fair Dealing team to keep restrictive copyright laws in force in the new Copyright Act. However one feels about the Fair Use or Fair Dealing and more or less restrictive copyright laws the public (such as all of us on this mailing list) is encouraged to tune in and call in to ask our questions or give our opinions.
Personally I am for more relaxed copyright laws that I believe make our lives as Wikipedia editors easier and promote what I view as the public good which is why I am supportive of the Creative Commons push for Fair Use. But that is just my personal view point and not a chapter one as we as a chapter haven't really talked about the fair use issue. We have only talked about and agreed on the Freedom of Panorama issue.
Regards,
Douglas.
On 12 October 2017 at 17:56, David Richfield davidrichfield@gmail.com wrote:
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" douglas.i.scott@gmail.com wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on
DSTV.
Public can phone in with questions on 011-5358180 <011%20535%208180>.
It
will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof.
Karijker
from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum,
‘more
and more questions’ are surfacing according to parliamentary legal
adviser
Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief
Policy Watch.
Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified
during
May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been
promulgated
and incorporated. Although no timeframe was given for the completion of
the
reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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.
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727 _______________________________________________ WikimediaZA mailing list WikimediaZA@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. wikimedia.org
<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
Hi Douglas,
Fair use is useful for so many creators, e.g. filmmakers, musicians, artists, authors, etc. They all need to use and take extracts or ideas or samples from other people's works. A musician cannot remix music without listening to and deciding on what parts to us, even though they are creating something different. Authors, especially scholarly authors, have to use quotes and other information from experts in the field or to support their arguments or topics. Filmmakers need to use extracts from various works to create new works, etc. etc.
If you know anyone attending, as quite a lot of creators are attending I believe, see if they can ask the question for you, otherwise phone in and say that without fair use you cannot do anything to promote or inform people about post-apartheid monuments, etc. because fair dealing doesn't permit this. Ask if they want you just to promote or inform people about pre-1994 monuments only?!!
I haven't decided on my question yet, but it will probably be around libraries or education, so best to get someone to ask relevant questions from their sectors. I understand they will address questions within the discussions so try your best to get through.
Regards Denise ________________________________ From: Douglas Scott [douglas.i.scott@gmail.com] Sent: 13 October 2017 05:06 PM To: Denise Nicholson Cc: wikimediaza@lists.wikimedia.org Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill
Thanks for the clarification Denise. That is good to know. I thought that fair use vs fair dealing was still a bit of coin toss at this stage. I am sorry to hear that fair use is loosing ground. I share your interpretation that if we dont get Freedom of Panorama then fair use is our only port of call. I would go further and also say that fair use is important for many other Wikipedia tasks in addition to the general good of the public. It allows us to make the fair use argumenthttps://en.wikipedia.org/wiki/Wikipedia:Non-free_use_rationale_guideline for otherwise copyrighted content on Wikipedia like notable works of art or historic photographs. I am not so sure how they would hold up under a fair dealing regime.
Fair use is also very important for the technology community broadly in South Africa and having more domestic tech firms and technology enthusiasts stand up for it would go a long way towards building a stronger tech sector in the country.
On 13 October 2017 at 11:05, Denise Nicholson <Denise.Nicholson@wits.ac.zamailto:Denise.Nicholson@wits.ac.za> wrote: Hi Douglas,
The issue is that if fair use is not approved in the Bill, fair dealing will apply and this does not address the digital world at all. Fair use, if open and not limited to a few acts, will allow transformative use, text and data mining, and accommodate new and unthought-of uses at this stage. Technology changes so fast that new uses could be available tomorrow, or next year, and without fair use, access to information would be restricted. Fair use provides the flexibility to be able to use new technologies in ways that fair dealing doesn't. As I said in a previous email, if freedom of panorama is not included in the Bill (although I got the distinct impression in the parliamentary hearings that everyone agreed it should be), then your only other option is Fair Use, not Fair Dealing.
If you want to read up more about fair use and see some of the Best Practice Guidelines by creative industries in the States, you can find this at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/fairuse_fairdealing You can also find some of the issues and comments on the 2017 Bill at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/SA_Copyright_Amendm...
Regards Denise
-----Original Message----- From: Douglas Scott [mailto:douglas.i.scott@gmail.commailto:douglas.i.scott@gmail.com] Sent: 13 October 2017 10:54 AM To: wikimediaza <wikimediaza@lists.wikimedia.orgmailto:wikimediaza@lists.wikimedia.org> Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill
Hi David,
Version B that Denise is referring to is the second draft of the Bill following the presentation to parliament I (on behalf of Wikimedia ZA) and many others made to parliament back in August. To the best of my knowledge version B is not yet out but there is still a risk that it might not include Freedom of Panorama.
That's basically the difference. Version A was the one that was share with us earlier this year that did not include any Freedom of Panorama which is why I presented at parliament.
Update on the Fair Use/Fair Dealing debate: I am told that the radio discussion has a pro-fair dealing heavy panel and there is currently a big PR effort by the Fair Dealing team to keep restrictive copyright laws in force in the new Copyright Act. However one feels about the Fair Use or Fair Dealing and more or less restrictive copyright laws the public (such as all of us on this mailing list) is encouraged to tune in and call in to ask our questions or give our opinions.
Personally I am for more relaxed copyright laws that I believe make our lives as Wikipedia editors easier and promote what I view as the public good which is why I am supportive of the Creative Commons push for Fair Use. But that is just my personal view point and not a chapter one as we as a chapter haven't really talked about the fair use issue. We have only talked about and agreed on the Freedom of Panorama issue.
Regards,
Douglas.
On 12 October 2017 at 17:56, David Richfield <davidrichfield@gmail.commailto:davidrichfield@gmail.com> wrote:
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" <douglas.i.scott@gmail.commailto:douglas.i.scott@gmail.com> wrote:
Hello everyone, FYI regarding the Copyright Amendment bill we are trying to get Freedom of Panorama included in.
*ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on *Saturday 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. Public can phone in with questions on 011-5358180tel:011-5358180 <011%20535%208180>.
It
will be streamed live on SABCNEWS.COMhttp://SABCNEWS.COM. Dr. Owen Dean and Prof.
Karijker
from Stellenbosch University’s IP Unit will be speaking and then 3 other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum,
‘more
and more questions’ are surfacing according to parliamentary legal
adviser
Charmaine van der Merwe – who has nevertheless confirmed that ‘no policy changes’ have been made, reports Pam Saxby for Legalbrief Policy Watch. Where a policy decision is required, the provisions concerned have been flagged in a version of the Bill Van der Merwe believes will rectify all technical errors, inconsistencies and repetitive clauses identified
during
May’s public hearings. Only then will matters of policy be tackled by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that – while certain ‘phrases’ still need to be clarified – she is confident that the Bill’s ‘B’ version will make the Act far easier to understand from a technical perspective, once the amendments envisaged have been
promulgated
and incorporated. Although no timeframe was given for the completion of
the
reworked Bill and no discussion took place, committee chair Joan Fubbs expressed hope that the remainder of the drafting process will not take ‘too much longer’.
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-- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727
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