Aspire Bespoke Ceremonies
30/11/2022

Should Copyright Law Be Abolished in South Africa

Should Copyright Law Be Abolished in South Africa
30/11/2022

The abolition of copyright is a movement to abolish copyright, for example by repealing the Statute of Anne and all subsequent laws enacted in support of it. The term anti-copyright unites a group of ideas and ideologies that advocate a change to the current copyright law. It often focuses on the philosophical, economic or social negative consequences of copyright and the fact that it has never been beneficial to society, but serves to enrich a few at the expense of creativity. Some anti-author groups may question the logic of copyright for economic and cultural reasons. Members of this movement advocate a total or partial amendment or repeal of the current copyright law. Copyright and patents are widely opposed among anarchists, communists, socialists, free market libertarians, crypto-anarchists, info-anarchists and the former Situationist International. Strengthening copyright is not a universal panacea for alleviating the massive public costs associated with extending the term of copyright. But it seems like a step in the right direction. The Canadian Parliament is also currently considering a 25-year reversal or termination. If passed, South Africa should find it easier to fend off U.S. complaints about the similar South African proposal.

Article 12(4) provides for an exception to the use of copyright-protected works `for the purpose of illustration … After South Africa became a republic in 1961, Parliament enacted its own copyright law, separate from that of the United Kingdom, in the Copyright Act 1965. Nevertheless, this law was largely based on the British Copyright Act 1956. [6] In 1978, it was replaced by the Copyright Act 1978, which remains in force (as amended). The 1978 Act is based on both British law and the text of the Berne Convention. It has been amended several times, including in 1992 to make computer programs a separate category of protected works and in 1997 to bring them into line with the TRIPS Agreement. For literary, musical and artistic works, with the exception of photographs, the term of copyright in South Africa is fifty years from the end of the year of the author`s death or fifty years from publication if it is first published after the author`s death. For photographs, films and computer programs, the period is fifty years from the first publication or fifty years from creation if it is not published within fifty years.

In the case of phonograms, programmes, programme-carrying signals and published editions, it shall be fifty years from the date of first publication or transmission. [12] “While some developing countries have benefited from the copyright system, others have not. (WIPO Studies and Commission). Many developing countries have acceded to international treaties in the field of copyright, but have few benefits from these treaties. Similarly, other developing countries have shown that they strictly enforce copyright and their resources (finance, police, border police, Internet/restrictive technological devices), but they are not in a position to quantify whether the costs of enforcement outweigh the economic benefits derived from copyright-based industries. There are treaties or conventions that give nations copyright flexibility to allow copying, especially for education and personal use. These flexibilities are commonly referred to as “fair use” or “fair dealing” in various jurisdictions. Despite the existence of these flexibilities, developing countries consider that they do not meet their needs, particularly in the field of education. It is argued that an inevitable impact of stricter protection and enforcement under the TRIPS Agreement leads to restrictions on access to knowledge-related products in developing countries, exposing the poor to adverse consequences. [21] An assignment occurs when rights are sold and the copyright owner no longer retains the rights in the work. To do this, the owner must conclude a valid assignment contract. The agreement must be in writing, signed by or on behalf of the copyright owner, and contain an express assignment agreement that clearly states the intention to transfer and acquire copyright. As we were recently reminded on Twitter, the Statute of Anne, the world`s first copyright law, came into force on April 10, 1710, three centuries and ten years ago.

Part of the title is: “A law to promote apprenticeship… ». The true links between copyright and the right to education have been established by several researchers (e.g. Helfer & Austin (2011) The Right to Education and Copyright in Learning Materials in Human Rights and Intellectual Property: Mapping the Global Interface pp.

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