The Copyright Amendment Bill will have a significant impact on publishers. The bill aims to strike a balance between creators’ rights and the public’s access to copyrighted works. While the bill includes some much-needed updates, it has sparked considerable debate about its potential effects on publishers. Recently, the President referred the bill to the Constitutional Court, adding a new layer of complexity to its journey. This article examines how the Bill could impact publishers and what they should prepare for as the legal environment evolves.

The President’s referral to the Constitutional Court

In December 2024, the President took the extraordinary step of referring the Copyright Amendment Bill to the Constitutional Court. This decision stems from concerns about whether specific provisions comply with the Constitution of the Republic of South Africa. The specific questions being raised include:

  • Fair use provisions: Are these too broad, potentially infringing on creators’ rights?
  • Royalty entitlements: Do they adequately balance the interests of creators and publishers?
  • Accessible formats for disabled users: Do these provisions impose unreasonable obligations on publishers?

The referral delays the bill’s implementation but will ensure its constitutionality before the President signs it.  For publishers, this pause provides a crucial window to assess the bill’s potential impact.

Key changes in the Copyright Amendment Bill

The bill introduces a few significant changes for publishers, including;

  • introducing Fair Use defence as an alternative to the current fair dealing provisions
  • Provide payment of royalties to creators
  • bigger emphasis on creating fair contracts for authors
  • making accessible formats available for users who cannot access works normally

How will the Copyright Amendment Bill affect publishers?

Some of the immediate affects of the copyright amendment bill include

  • Reductions in licensing revenue due to the introduction of fair use
  • Increase administrative costs in order to comply with the bill’s requirements
  • Create legal uncertainty as to how South African courts will interpret the bill

Actions you can take

  • Get the latest update on the progress of the Bill by signing up to our newsletter.
  • Manage your assets effectively by asking us to conduct an intellectual property audit for your organisation.
  • Address specific intellectual property concerns by having us draft a practical opinion on how the copyright amendment bill will affect publishers