Publishers’ association of south africa
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| Licensing can be transactional, requiring a separate transaction for each clearance, or through a blanket licence, which allows upfront comprehensive clearance for copying, within certain specified limitations with reporting carried out retrospectively. The degree to which a country enforces statutory licensing depends upon national policy approaches, negotiated between government, rights holders and rights users, particularly educational institutions.
The ownership of collecting societies is an important adjunct to their policy role: in general, collecting societies are owned by rights owners, an important factor in their credibility in the eyes of rights users. Authors and other content creators are important stakeholders involved in collecting societies and their ownership. Money collected through collecting societies can make an important contribution to the advancement of copyright awareness, as well as general cultural development through projects like publications and awareness programmes projects funded from rights income. The Report reviews the different models for collecting societies and concludes that the Canadian model seems to be favoured by the South African government. The South African print industry sector needs to engage with the issue of collecting societies in order to determine its own stance on this issue and in particular study the Canadian model. Valuable progress has been made in collective licensing in South Africa. However there are still a number of higher education institutions that do not yet license photocopying. In general, the issue of illegal course pack copying has been brought under control, although there are still pockets of infringement. International examples such as Canada and Australia demonstrate the value of a collecting society in helping to create a balance between the interests of rights’ owners and the needs of users. Moreover, in a context in which there is a high level of demand for customised content and for the ability to provide multiple copies for library and classroom use, a collecting society provides an effective way of achieving this without eroding the rights of authors and while still providing an affordable route for the user. Government articulated policy outlines for collecting societies at a workshop in May 2001. However, the print and publishing industries have not yet responded formally to these proposals, or articulated in any detail industry sector policy in regard to further development of collecting societies. Collecting societies can play a vital role in providing ease of access to information while ensuring fair rewards for authors and publishers. The degree to which a country enforces statutory licensing depends upon national policy approaches, negotiated between government, rights holders and rights users, particularly educational institutions. The Report recommends:
ELECTRONIC COPYRIGHT Because of the importance of digital issues for national economic and cultural development, as well as the interconnectedness of print and digital media and the opportunities that digital media offer for the development of new products and new markets, issues relating to digital copyright should be included in any discussion of potential growth in the contribution of the print industries sector. It is also important for any country wishing to be a trading presence in the digital information market to address legislative issues that encourage creative and financial investment in digital media. The countries reviewed have engaged in addressing the provisions of the World Intellectual Property Organization Copyright Treaty (WCT) of 1996, and South Africa appears to be seriously out of line in this regard, as it has not yet begun the process of reviewing national legislation for compliance with WCT provisions. In all the countries discussed, legislative reform to bring copyright laws into line with the WCT and national priorities for digital copyright was a high priority national policy issue. The process of legislative reform was the result of government-driven consultation, taking into account the needs of industry and rights users. In all cases, consultation took place over an extended period with a wide range of stakeholders, including industry participants and rights users. There were varying degrees of caution in approaching the demands of digital copyright legislation. Built into all the legislative regimes is recognition of the need for continual review and updating. Coupled with the government-driven consultative process, independent negotiations also took place between rights owners and rights users, particularly in the context of higher education needs. However, while such negotiations might have regulated transactional relationships, legislative reform was government-driven and was linked to clearly identified national policy needs. Legislative and policy approaches ideally take account of the circumstances of the country concerned: its trading relationships and its distance from international markets. Policy approaches in these countries also recognise the need to create a climate of respect for intellectual property. In Australia, government and industry contribute to information dissemination and advice. While the growth of digital media might at first sight seem to pose a threat to the print industries in South Africa, in fact digital dissemination of content offers great advantages and growth potential to authors and publishers. Media convergence, moreover, means that print industry players are already extensively involved in digital media. It is urgently necessary to address questions of authors’ and publishers’ rights in this new context. However, it is clear that South Africa has fallen behind badly in addressing policy and legislative issues relating to digital copyright. The DTI convened a workshop on the implementation of the WCT in 1999, but this has not been followed up. There is a need for discussion and research on the best ways of addressing development needs and digital media, particularly, but not only, in the higher education sector. This discussion should include the identification of contractual and business solutions to digital information needs as well as legislative issues. The desirable extent of the author’s monopoly over digital reproduction, a matter of lively debate worldwide, needs to be addressed in South Africa, where both the health of local creative industries and the rights of information users are of critical importance to development. The Report’s recommendations on digital media are:
The following legislative issues are identified as needing attention in South African copyright law: The right of reproduction The right of reproduction should be extended to the electronic environment. However, where any electronic reproduction is not in conflict with the normal exploitation of the right holders’ right, an exception should be allowed. WCT It is suggested that the guidelines that were set in the WIPO Copyright Treaty, the Digital Millennium Copyright Act and the European Commission be followed by the legislature in South Africa in such a way that it will act as an incentive for content creators to distribute their material electronically and at lower cost to more South Africans. Digital Rights Management The provisions proposed by the WIPO Treaty for the protection of digital rights management information need to be dealt with in South African legislation. Territorial Rights Territorial rights, exhaustion of rights and parallel importation are all areas in need of discussion and review in South Africa, in order to determine the regime that would be in the best interests of the country, both for rights’ owners and consumers. Technological Measures The use of technological measures to protect copyright is already employed by many companies in South Africa and it is suggested that the protections offered by the WIPO Copyright Treaty should be incorporated into our law as a matter of urgency. As was stated above the international experience could be introduced into South Africa. However, the urgency of introducing these measures could not be overstressed – if not, South Africa will become a haven for copyright infringement and other forms of piracy. On the other hand, South Africa should avoid enacting legislation that is too sweeping and could result in absurd prohibitions of legitimate exploitation of intellectual property. CONCLUSION The report concludes by quoting Betty Mould-Iddrisu, from the Ministry of Justice in Ghana: There is a need to recognise that modern well-drafted copyright legislation is an indispensable tool in the protection of authors’ rights. Most developing countries fail to see or realise the importance of vibrant intellectual property legislation. The copyright system, as it now exists in virtually every country in the world, is a vital part of modern society’s infrastructure, serving the entire community. It is the foundation on which the world’s publishing industry rests, bringing the written or recorded word, carrying knowledge, ideas, understanding and entertainment to every literate person, young and old, in the community.1 In short, the print industries sector in South Africa believes that South African rights owners deserve the same levels of protection as any other country in the world; and the growth of a local industry is the surest way to provide affordable and relevant cultural and knowledge products to serve the needs of the country. The Report concludes that: International experience suggests that developmental goals for the provision of the knowledge and information needs of the country are best achieved by the promotion of local industries. In developing policies and strategies to meet the information and knowledge needs in the country, a variety of issues need to be addressed, including the availability of an effective and affordable collective licensing regime and strong library systems in all sectors. The print industries sector needs to work in collaboration with its collecting society, DALRO, government departments and other stakeholders, to disseminate information on copyright, raise public awareness of copyright issues and combat illegal copying. The most effective way of meeting the educational and cultural needs of the country would be the fostering of a copyright framework that encourages the growth of local products to meet the needs of local communities. And the most effective way of achieving the low prices needed for wide information dissemination would be through the economies of scale that would come from the wider reach of print products to those members of the community who are not currently readers. It is through a vibrant and diverse print media sector that South Africa could most effectively meet its reading needs. The print industries sector believes that if there is to be genuine growth and development for authors and publishers the creation of a culture of respect for creative and intellectual products will need to be accompanied by an effective legislative environment in which creative effort can be rewarded, copyright violations can be curtailed and piracy brought under control. PREFACE
THIS REPORT ON COPYRIGHT in the print industries sector from a rights users’ perspective has been commissioned by the Department of Arts and Culture, through the Print Industries Cluster Council (PICC), as part of a broader initiative to identify policy and development needs in the cultural industries. The Report examines copyright as an aspect of Intellectual Property Rights (IPRs) and its impact on growth and development in the print industries sector, and it identifies ways in which copyright laws and practices in South Africa are aiding or inhibiting the growth and development of the sector. Finally, it makes recommendations for action. The PICC describes the aims of rights management programmes within its overall strategy planning as the creation of a phased dialogue between copyright owners and users. This Report is the first step in the process. In line with the PICC strategic approach, the Report presents the perspectives and needs of the rights owners in the industry sector as a contribution to this debate. Interestingly, in view of the fact that a dialogue is envisaged, one of the key findings of the Report is that there is an urgent need for the generation of more information on copyright issues in the print industries sector itself. Compared to a number of other countries, there seems to be too little informed debate and discussion on intellectual property in the sector, and many industry participants appear to lack in-depth knowledge on copyright issues. In March 2004, the draft Report was presented at a PICC workshop attended by representatives of the stakeholder groups in the print industries value chain: organisations representing writers, publishers, printers, booksellers, librarians, as well as relevant government departments. At this workshop, key issues were identified and recommendations from the Report were made for the implementation of a strategy for the creation of a strong copyright regime in South Africa were ratifies, amended or added to. These have been compiled into this report. The purpose of the Report is therefore to provide for discussion and development:
In the strategic planning framework that the PICC formulated in 20022, the industry sector goals are described as follows:
A key goal of the PICC strategic plan is to encourage legislative development and institute public copyright awareness campaigns. This Report addresses all the role-players who might be involved in the development of copyright policies and strategies. It has been formulated to cover as wide a range of issues as possible that might be of importance in delivering industry goals within the framework of national development goals. The issues tackled by this Report are therefore not only legislative and economic, but also social and developmental. The Report concludes that the print industry sector needs to participate more actively in the promotion of intellectual property issues. This would best be pursued in collaboration with other rights holders, in order to maintain a united front in pursuing the implementation of the necessary policy, legislative and strategic actions that have to be taken if the print industry is to prosper and grow. Intellectual property lies at the heart of the publishing and print industries. This Report should therefore provide the foundation for many of the core initiatives that need to be undertaken before the industry sector can exploit its full potential in delivering its social and economic goals. INTRODUCTION AND BACKGROUND – THE PRINT INDUSTRIES SECTOR IN SOUTH AFRICA
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