Publishers’ association of south africa

Copyright Infringement

South Africa is perceived by local and international rights holders as a country with high levels of copyright infringement, particularly regarding photocopying in schools, colleges, technikons and universities. The levels of copying are perceived to be high enough to threaten the viability of local industries and contribute to unnecessarily high prices for books, as a result of a considerable erosion of the economies of scale.¹⁵

As it emerges from copying practices encountered by industry members and international observers, it would seem that intellectual property is not highly valued by many South Africans and illegal copying is not always seen as reprehensible (see the discussion of copyright observance and infringement in Chapter 2).
Improvements are therefore not only a matter of legislation and enforcement (see Chapter 4), but of the creation of a national culture that recognises the value of the creative industries, in this case particularly the book industries, and the vital role of creators in national growth and development.
While justifications for photocopying are often based on the perception that book prices are too high, copying books instead of buying them is probably the single greatest factor in generating higher prices for locally published products, as economies of scale mean that higher print runs can create a dramatic reduction in price.
Enforcement
Aggravating this state of affairs are legislative shortcomings that have been identified by local and international industry associations as inhibiting the effective prosecution of offenders, coupled with a lack of capacity in the criminal justice system for prosecution and enforcement.
A number of problems in South African copyright legislation have been raised in recent years by such bodies as the International Intellectual Property Association (IIPA) and local and international trade associations. These will be discussed in further detail below (see Chapter 5). The problems most commonly identified, and articulated in the 2003 IIPA report, are:

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  The damages that can be awarded in criminal cases of infringement are insufficient to act as a deterrent to future infringement. Local and international industry participants have been arguing for some time for the introduction of statutory damages in criminal proceedings as a deterrent and as recompense for authors and publishers who suffer copyright violations.
  

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  The requirements for providing evidence to prove ownership and the existence of copyright are onerous. This subjects copyright owners to overly costly and burdensome procedural hurdles, placing obstacles in the way of civil and criminal prosecution of piracy.
  

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  A set of regulations providing concessions for libraries and educational institutions, which are ambiguous, contradictory and virtually unworkable in practice, further undermines the effectiveness of the law.
  

As far as copyright legislation is concerned, the questions to be asked are:

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  In what ways do the present legal and judicial systems inhibit the growth of South African writing and of the publishing industries?
  

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  And what impact does this have on the ability of the print industries to deliver the country’s need for affordable and relevant information and knowledge products and achieve the related targets for educational and cultural development?
  

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  How can the identified failings be rectified and a more favourable environment be created and nurtured?