Hello everyone, Today I have submitted our recommendation to the DTI on behalf of Wikimedia ZA calling for Freedom of Panorama. I have attached a copy of that recommendation to this email. It was decided to model our request on the one suggested by the Joint Academic Comments on the South African Copyright Amendment Bill with whom we were able to raise and explain our issue with Section 15 and its impact on Freedom of Panorama.
Basically we are calling for it to "*be permissible to reproduce, distribute and make available to the public works located permanently in public roads and ways or public spaces. In the case of buildings, this authorisation shall only extend to the façades and interior public spaces thereof*." We have also joined the call for Section 15 to be greatly simplified and modernized as well as a broadening of fair use. I want to especially thank Dr Tobias Schonwetter (Copyright expert at UCT), Pria Chetty (who is also a Wikimedia ZA board member as well as a IT Copyright lawyer) and Dimitar Parvanov (who is Advocating for Freedom of Panorama in the European Union Parliament). The actual drafting of the document was done by myself and I take full responsibility for any issues or errors in it. I want to thank you all for your participation in this. It has been quite a ride. I will keep you all posted on any feedback I get from the DTI moving forward. Cheers, Douglas. On 21 August 2015 at 13:30, Douglas Scott <[email protected]> wrote: > Hello everyone, apologies for the delay on this. About two days ago it > was suggested to me that we setup an etherpad to discuss the issue of what > our suggestion should be to amend the South African Copy Right Act of 1978 > so as to allow for Freedom of Panorama. I feel that now is a good time to > set this etherpad up so that anyone who is interested in contributing to > this issue can do so in a collaborative way whilst avoiding spamming other > people on this list (who might not be interested in this) with our chatter. > > You can find the etherpad at the link here- > https://etherpad.wikimedia.org/p/SA_Copy_Right_Act_amendment_bill_-sec_15_(3) > > Looking forward to your contributions. Please remember that the deadline > for us to submit a suggestion on how to amend the bill is the 16th > September 2015 but I would like to get our submission in on the 15th. > > Cheers, > > Douglas. > > On 18 August 2015 at 09:54, [email protected] <[email protected]> > wrote: > >> >> http://medialternatives.com/2015/08/17/draft-copyright-bill-amendment-alarm/ >> >> On Tue, Aug 18, 2015 at 12:30 AM, 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 >> > >> >> >> >> -- >> *David Robert Lewis* >> *PO BOX 4398* >> *Cape Town* >> *8000* >> *South Africa* >> >> *Mobile 082 425 1454* >> *Home 021 448 0021* >> *Fax **0862396815* >> *Skype david.robert.lewis* >> _______________________________________________ >> WikimediaZA mailing list >> [email protected] >> https://lists.wikimedia.org/mailman/listinfo/wikimediaza >> > > > > -- > Douglas Ian Scott > 司道格 > Skype: douglas0scott > South African mobile number: +27 (0)79 515 8727 > -- Douglas Ian Scott 司道格 Skype: douglas0scott South African mobile number: +27 (0)79 515 8727
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