Looping in Dimi, who's been working on this at the EU level.  Dimi can no
doubt advise on the text of a proposed amendment.

   A.

On Mon, Aug 17, 2015 at 3:30 PM, Douglas Scott <[email protected]>
wrote:

> Hello everyone,
>
> As many of you no doubt know the Copy Right Act 1978 section 15 (3)
> <
> https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama#South_Africa
> >
> has been a bone of some contention for the South Africa Wikipedia community
> for a long time now as it has effectively meant that we here in South
> Africa are denied Freedom of Panorama
> <https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama>.
>
> Last week I was fortunate enough to have attended an event organised by Dr
> Tobias Schonwetter from UCT (and from Creative Commons South Africa) to
> discuss a suggested redrafting of the act.  I am happy to say that I feel I
> was able to make a good case to the relevant authorities from the
> Department of Trade and Industry as well as others present for the need to
> revise the act to allow for Freedom of Panorama.  I feel they were very
> sympathetic to our concerns about the need and desirability of Freedom of
> Panorama in South Africa.
>
> Now comes the hard part.  We need to work on a suggested revision of
> Section 15 (3) (or Section 15 generally) to allow for Freedom of Panorama
> and we need to do it quickly as the deadline for submissions to change the
> act is the 27th of August 2015.
>
> My suggestion is to use the Spanish or German Freedom of Panorama acts as
> guidelines for us which basically state that people are free to take
> pictures or otherwise reproduce works that are permanently found outside on
> public ways, streets or places (e.g. squares, plazas) and to distribute and
> publicly communicate such copies.
>
> Or as the Spanish act says: "Works permanently located in parks, streets,
> squares or other public places may be freely reproduced, distributed and
> communicated by means of paintings, drawings, photographs and audiovisual
> processes." and goes on to state that this  "may not be so interpreted that
> they could be applied in a manner capable of unreasonably prejudicing the
> legitimate interests of the author or adversely affecting the normal
> exploitation of the works to which they refer."
>
> I want to notify the community of this opportunity for us to amended the
> act as well as the progress the Chapter (Wikimedia South Africa) has made
> in possibly getting Freedom of Panorama established in South Africa.
>
> I also wanted to let you know that should you have any comments of your own
> on the amendment of the Copy Right act of 1978 then please have a look at
> the link here
> <
> http://saha.org.za/news/2015/August/call_for_comment_copyright_amendment_bill.htm
> >
> for more information as well as the contact details of the contact person
> at the DTI.
>
> Thanks and best regards,
>
> Douglas.
>
> --
> Douglas Ian Scott
> 司道格
> Skype:  douglas0scott
> South African mobile number: +27 (0)79 515 8727
> _______________________________________________
> WikimediaZA mailing list
> [email protected]
> https://lists.wikimedia.org/mailman/listinfo/wikimediaza
>



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