Publishers’ association of south africa

CONCLUSION 125
SELECT BIBLIOGRAPHY 127
LIST OF RECOMMENDATIONS 132
APPENDIX 1 LIVING WITH THE STATUTORY LICENCE – THE AUSTRALIAN EXPERIENCE 139

APPENDIX 2 MAKING MULTIPLE COPIES IN EDUCATIONAL INSTITUTIONS 143

APPENDIX 3 REVISION OF THE COPYRIGHT REGULATIONS 149

APPENDIX 4 FAIR DEALING AND LITERARY WORKS 162

APPENDIX 5 ELECTRONIC COPYRIGHT – AN OPINION FROM BUYS INCORPORATED ATTORNEYS 169

APPENDIX 6 ELECTRONIC COPYRIGHT – PASA SUBMISSION ON THE ELECTRONIC COMMERCE BILL MARCH 2001 177

ACRONYMS
AGOA African Growth and Opportunity Act

APNET African Publishers Network

AAP Association of American Publishers

CAL Copyright Agency Limited (Australian collecting society)

Cancopy The Canadian RRO (now re-named Access Copyright)

CCC Copyright Clearance Center (USA)

CIPRO Companies and Intellectual Property Registration Office

CLA Copyright Licensing Agency (UK)

CTP Committee of Technikon Principals

DAC Department of Arts and Culture

DALRO Dramatic, Artistic and Literary Rights Organisation

DoE Department of Education

DTI Department of Trade and Industry

GDE Gauteng Department of Education

IIPA International Intellectual Property Alliance

IKS Indigenous Knowledge Systems

INCP International Network on Cultural Policy

IPA International Publishers Association

IPACT Intellectual Property Action Group

IPR Intellectual Property Right

JISC Joint Information Systems Committee

Kopinor The Norwegian RRO

LIS Library and Information Services

LSM Learning Support Materials

NIICD New International Instrument for Cultural Diversity

PA Publishers Association

PAMSA Paper Manufacturers Association of South Africa

PASA Publishers’ Association of South Africa

PICC Print Industries Cluster Council

RRO Reprographic Rights Organisation

SABA South African Booksellers’ Association

SACU South African Customs Union

SADC Southern African Development Community

SAMRO Southern African Music Rights Organisation

SAPTO South African Patents and Trademarks Office

SAUVCA South African Universities’ Vice-Chancellors’ Association

SAWA South African Writers’ Association

TRIPS Trade Related Aspects of Intellectual Property Rights Agreement

WCT WIPO Copyright Treaty

WIPO World Intellectual Property Organisation

WTO World Trade Organisation
EXECUTIVE SUMMARY
THE BRIEF
This Report on copyright in the print industries sector was 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 deals in particular with copyright as an aspect of Intellectual Property Rights (IPRs) and the impact of these rights on growth and development in the print industries sector. It therefore surveys the state of copyright as it relates to the written word and identifies ways in which copyright laws and practices in South Africa are aiding or inhibiting growth. Finally, it makes recommendations for further action that could contribute towards growth and development in the print industries sector.
The purpose of the Report is therefore to provide recommendations for:
 A policy and strategy framework for the management of intellectual property, in particular the management of copyright;
 Government consideration and implementation; and
 The formulation of strategies that would contribute to industry growth.
THE REPORT
The Report provides the following content:
 A background on international best practice;
 A review of intellectual property rights issues and the status quo in the print industry sector in South Africa;
 Identification of what intellectual property issues are helping or inhibiting growth in the sector; and
 Recommendations for policy interventions and strategic actions.
This Report is the first step in the process of policy and strategy development. In line with the PICC strategic approach, the Report presents the perspectives and needs of rights owners in the industry sector. The Report therefore provides the foundation of information and industry knowledge that will be needed in order to engage in the second phase of the dialogue, between rights holders, nationally and internationally, government and rights users. It also provides the basis for informed strategic decisions that need to be made in the industry before such an engagement takes place.
The Report concludes that the industry sector needs to participate more actively in the promotion of intellectual property issues and that 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 need to be taken if the print industry is to prosper and grow.
THE PROCESS
The following steps led to the finalisation of the Report:
 Research;
 Review of international and local environments;
 Initial drafting of the report;
 Preliminary conclusions and recommendations; and
 Review by and input from PASA and other PICC members.
Consultation took place over an extended period with a wide range of stakeholders, including industry participants and rights users, nationally and internationally.
THE HEART OF THE INDUSTRY SECTOR