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US at odds with SA over ‘fair use’ in proposed new copyright law

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US at odds with SA over ‘fair use’ in proposed new copyright law

Postby MrFredPFL » Thu Nov 14, 2019 2:45 am

Story :

The background to the latest round of exchanges about the bill comes after the US trade representative (USTR) responded to a complaint filed six months ago on behalf of large US entertainment companies, concerning the bill. The companies asked the USTR to review South Africa’s eligibility for trade preferences under the African Growth and Opportunity Act.

A central complaint is that South Africa would lack “adequate and effective intellectual property” if it adopted a US-style fair use right into its own law. The companies also challenge the Copyright Amendment Bill’s extension of royalty rights to creators and the reversion of rights back to creators after 25 years.

The USTR acceptance of the industry complaint has created a backlash from some US scholars and businesses.

Professor Matt Sag, a professor at Loyola University in Chicago, opined that “South Africa is simply enacting exceptions and limitations that are common throughout the World Trade Organisation (WTO). Indeed, many of the policies, including fair use and reversion rights, exist in one form or another in the United States.”

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