Well done Douglas, sorry I couldn't make it to support you.

On Friday, August 4, 2017, <[email protected]> wrote:

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> Today's Topics:
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>    1. Re: Processing of the Copyright and Performers'
>       ProtectionAmendment Bills (Douglas Scott)
>    2. Re: Processing of the Copyright and Performers'
>       ProtectionAmendment Bills (David Richfield)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 4 Aug 2017 11:10:08 +0200
> From: Douglas Scott <[email protected] <javascript:;>>
> To: wikimediaza <[email protected] <javascript:;>>
> Subject: Re: [Wikimedia ZA] Processing of the Copyright and
>         Performers'     ProtectionAmendment Bills
> Message-ID:
>         <
> caj6y08ewc2mvxvgqdzzhl7wtyb8lxrqmrp7_0xrwarms0wk...@mail.gmail.com
> <javascript:;>>
> Content-Type: text/plain; charset="UTF-8"
>
> Hello everyone,
>
> Here is an update on how my presentation to Parliament yesterday went.
> Here is a link
> <https://commons.wikimedia.org/wiki/File:Freedom_of_
> Panorama_-_presenation_to_SA_parilament.pdf>
> to the presentation I gave which I have uploaded onto Commons.
>
> Overall it went well, there seems to be board support for the proposal to
> include a freedom of panorama (FoP) clause into the new act.  After my
> presentation several MPs in addition to the commission chairperson going as
> far as stating that the current grey area that a lack of freedom of
> panorama puts both us as Wikipedia editors as well as members of the
> general public in is very concerning and should be addressed.  The
> practical example I used of our experience in running Wiki Loves Monuments
> where we could upload media of old colonial era monuments but not recent
> ones due to this legal ambiguity really resonated with them.  The mention
> of the Swedish chapter's recent experience
> <https://blog.wikimedia.org/2017/07/25/wikimedia-sweden-freedom-panorama/>
> in testing this grey area in Sweden and loosing thereby being ordered to
> pay court costs and a fine helped to highlight the need to get rid of this
> legal grey area and enact some form of Freedom of Panorama.
>
> I did get one questions asking which we preferred; FoP for exterior public
> place or interior public spaces.  I said the best outcome would be FoP for
> both exterior and inertia public spaces.
>
> I even had members of the pro-copyright lobby come up to me afterwards and
> say they appreciated the need for clarification here.  They did mention
> pre-existing interpretations of the act that would allow us to do X, Y, and
> Z but they realised the need for clarity and that the existing clauses were
> not good enough for us given the Wikipedia editing community's policy of
> using the strictest possible interpretation of the law.
>
> During the presentation I was seated next to and had to answer questions
> with the representative from Google.  Google, like many people, were
> presenting on the need for fair use to replace fair dealing in the Act.
> Basically fair use says you are not violating copyright so long as you do
> not do X, whilst fair dealing says you are not violating copyright so long
> as you fall into A, B, C allowances.  This fair use/fair dealing issue has
> become a big issue of contention and Google was given a bit of a hard
> time.  However the fair use/fair dealing disagreement does not seem to
> affect our call for FoP as it is a different thing.
>
> My observation on the issue within the Wikimedia Community internationally
> and based on my experiences as an editor on Wikipedia is that there is a
> board consensus that expanded Fair Use rights is important and desirable so
> as to allow editors to more freely edit, quote, and research articles on
> Wikipedia whilst still firmly respecting copyrights.  Indeed the Australian
> Wikimedia community is publicly calling
> <https://blog.wikimedia.org/2017/05/22/australia-fair-use/> for better
> fair
> use previsions in that country right now.  However we as a chapter have not
> voted on to take a position publicly on this issue in South Africa so
> anything I say on that issue is always prefixed with the point that it is
> my personal opinion and not the position of Wikimedia ZA.  So I chose to
> focus on answering questions related to FoP whilst volunteering to clarify
> a personal observation I made on the Fair Use/Fair Dealing debate at a
> public forum I attended last week.
>
> Cheers,
>
> Douglas.
>
>
>
>
> On 1 August 2017 at 15:38, Douglas Scott <[email protected]
> <javascript:;>> wrote:
>
> > Hello everyone,  a quick update on my presentation calling for Freedom of
> > Panorama to be included into the new Copyright Act.  It looks like I will
> > be presenting 1 hour earlier on the 3rd August than initially planned.
> > According to the new schedule I will now be presenting at 9:55 am instead
> > of 10:55 am in the original schedule. The event at Parliament in Cape
> Town
> > is open to the public so if you are interested you are welcome to attend.
> >
> > The hearing will take place at: Room E249, 2nd Floor, National Assembly
> > Wing, Parliament Building, Cape Town
> >
> > The whole hearing will last from 08:30 to 19:00 on Thursday the 3rd
> August
> > 2017.
> >
> > Cheers,
> >
> > Douglas.
> >
> >
> > ---------- Forwarded message ----------
> > From: Andre Hermans <[email protected] <javascript:;>>
> > Date: 1 August 2017 at 15:11
> > Subject: Re: Processing of the Copyright and Performers'
> > ProtectionAmendment Bills
> > To:
> >
> >
> > Dear Stakeholder
> >
> > Attached please find the amended programmes for 3 and 4 August 2017.
> >
> > *Please note the following:*
> >
> > 1. Change in starting time on 3 August 2017 which will impact on the
> > starting times of all stakeholders on the day.
> > 2. The inclusion of stakeholders which were not previously on the
> > programme.
> > 2. The South African Book Development Council presentation has been
> > rescheduled for Friday, 4 August 2017 which will impact on the starting
> > time for stakeholders that will follow their presentation.
> >
> > *NB: If stakeholders, after submitting their power-point presentation,
> > wish to effect any changes to their presentation, they must please
> forward
> > the amended presentation as soon as possible. If it is not possible they
> > must bring 40 copies of their amended presentation to the meeting.*
> >
> > *Regards*
> >
> >
> > André R Hermans
> > Committee Secretary: PC Trade and Industry
> > Tel: (021) 403 3776 <021%20403%203776>
> > Fax: 0866527753 <086%20652%207753>
> > Cell: 0837098482 <083%20709%208482>
> > email:[email protected] <javascript:;>
> >
> > >>> Andre Hermans 7/28/2017 12:02 PM >>>
> > Dear Stakeholder
> >
> > Attached please find the draft agenda's for 1, 3 and 4 August 2017.
> >
> > Please note that it was not possible to accommodate all requests to make
> > an oral submission but note that all written submissions will be
> considered
> > by the Committee.
> >
> > Please note that all power-point presentations must reach us by 14:00 on
> > Monday, 31 July 2017. Stakeholders who have not yet submitted the names
> of
> > their delegations, as well as the cell number of a contact person, are
> > encouraged to do so as soon as possible.
> >
> > As mentioned earlier, all  meetings in Parliament are open to the public
> > and only stakeholders presenting are required to confirm attendance. All
> > others are welcome to attend without confirmation.
> >
> > Regards,
> >
> > Andre
> > >>> Andre Hermans 7/27/2017 2:12 PM >>>
> > Dear Stakeholders
> >
> > Thank you for the confirmation of attendance.
> >
> > However, we are still awaiting confirmation of attendance from some
> > stakeholders. If we do not received notification of attendance of those
> who
> > have not yet confirmed by *15:00, Thursday, 27 July 2017*, we will assume
> > that they are not in a position to attend. *They will be removed from the
> > programme*.
> >
> > We have also noted requests for change in date as well as for inclusion
> > on the programme. All these requests will be taken into consideration.
> >
> > We also acknowledged receipt of late submissions due to unforeseen
> > circumstances.
> >
> > Please note that we will forward the final programmes for the public
> > hearings by *12:00 on Friday, 28 July 2017.*
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 7/25/2017 12:13 PM >>>
> > Dear Stakeholder
> >
> > Please note the following corrections;
> >
> > 1. Confirmation of attendance is 12:00 pm on 26 July 2017 and not 26 June
> > 2017.
> > 2. Submission of power-point presentation's is Monday, 31 July 2017 and
> > not 30 July 2017.
> >
> > My apologies for the inconvenience caused.
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 7/25/2017 10:13 AM >>>
> > Dear Stakeholder
> >
> > We acknowledge receipt of your submission.
> >
> > Attached please find the draft programme for public hearings scheduled
> for
> > 1, 3 and 4 August 2017 on the Copyright A/B only .
> >
> > Stakeholders are requested to note the following:
> >
> > 1. Confirm attendance by 13:00 on Wednesday, 26 June 2017.
> > 2. Prepare a +/- 20 min power-point presentation in support of their
> > submission which will be followed by a 20 min engagement.
> > 3. Submit their power-point presentations by 12:00 pm on Monday, 30 June
> > 2017.
> > 4. Submit the names of the their delegation, which should include
> > designations, as well as the cell number of  a contact person.
> > 5. Preferably be in attendance from the start of proceedings, but if it
> is
> > not possible, participants should be present at least an hour before
> their
> > presentation to allow for any changes.
> > 6. Stakeholders should bring a copy of their ID, driver license or
> > passport to gain entry to Parliament, which is via the visitor's entrance
> > located in Plein Street.
> > 7. No parking is available in Parliament.
> > 8. All hearings are open to the public and there is no limit on numbers,
> > but note that there are seating limitations
> > 9. If there are any changes to your power-point presentation, and it does
> > not reach us the day before your presentation, you are required to bring
> 40
> > copies of your amended document to the hearing.
> > 10. All submissions and not only the oral submissions are considered by
> > the Committee and take into account during its deliberations on the Bill.
> >
> > Please do not hesitate to contact me via email or sms if you have any
> > queries.
> >
> >
> > *NB: It would be appreciated if you can forward this email to other
> > stakeholders.*
> >
> > *Please confirm receipt.*
> >
> > *Regards,*
> >
> > *André*
> > *0837098482 <083%20709%208482>*
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > >>> Andre Hermans 6/28/2017 9:49 AM >>>
> > Dear Stakeholder
> >
> > Please note the following:
> >
> > In light of a recent Committee decision to first process the Copyright
> > Amendment Bill before starting the Performers' Protection Amendment Bill,
> > please note the following:
> >
> > 1. Public hearings in August 2017 will only be on the Copyright Amendment
> > Bill.
> >
> > 2. An extension for submissions has been granted. All submissions should
> > reach us by Friday, 7 July 2017. Please indicate whether you would wish
> > to be considered to make an oral submission.
> >
> > 3. Public hearings have been scheduled for 1, 3 and 4 August 2017.
> > Although we will try to accommodate your preferred date as far as
> possible,
> > this cannot be guaranteed due to demand and time constraints. The final
> > decision for granting oral submissions lies with the Committee. All
> written
> > submissions are considered by the Committee in its deliberations.
> >
> > 4. Communication regarding the final programme for public hearings will
> be
> > communicated in the week of 24 July 2017.
> >
> > Please do not hesitate to contact me via email if you require further
> > clarity.
> >
> > *NB: It would be appreciated if you can forward this email to other
> > stakeholders*.
> >
> > Regards,
> >
> > André R Hermans
> > Committee Secretary: PC Trade and Industry
> > Tel: (021) 403 3776 <021%20403%203776>
> > Fax: 0866527753 <086%20652%207753>
> > Cell: 0837098482 <083%20709%208482>
> > email:[email protected] <javascript:;>
> >
> > >>> Andre Hermans 6/2/2017 4:48 PM >>>
> > Dear Stakeholder
> >
> > In light of the Committee decision taken on Tuesday, 30 May 2017 please
> > note the following;
> >
> > 1. No public hearings on 27, 28 and 29 June 2017.
> > 2. Closing date for submission is Friday, 30 June 2017.
> > 3. Public hearings will be scheduled in August 2017.
> > 4. Final dates for public hearings will be communicated by 30 June 2017.
> >
> > *Clarity with regard to public participation at briefings.*
> >
> > All meetings are open to the public but please note that during a
> briefing
> > the interaction is between the Department and Members.  The purpose of
> the
> > briefing is to afford Members with the opportunity to engage the
> Department
> > on the content of the Bill. Members of the public in attendance can first
> > hand hear the Department's views on the Bill and, if they have opposing
> > views on what the Department is saying, can include their concerns in
> their
> > submissions. It also provide an opportunity for stakeholders to get
> clarity
> > on issues of concern during such briefings.
> >
> > Public participation in the legislative process is critical to ensure an
> > open and robust process and Parliament has taken the necessary steps to
> > ensure this. Because of the great public interest in the Bills the
> > Committee has called for submissions and will scheduled public hearings
> > affording stakeholders with the opportunity to express their opinion on
> the
> > Bill.
> >
> > Attached is the revised advert.
> >
> > Please do not hesitate to contact me via email if you require
> > further clarity.
> >
> > *NB: It would be appreciated if you can forward this email to other
> > stakeholders*.
> >
> > Regards,
> >
> >
> >
> > André R Hermans
> > Committee Secretary: PC Trade and Industry
> > Tel: (021) 403 3776 <021%20403%203776>
> > Fax: 0866527753 <086%20652%207753>
> > Cell: 0837098482 <083%20709%208482>
> > email:[email protected] <javascript:;>
> >
> > >>> Andre Hermans 5/26/2017 1:50 PM >>>
> > Dear Stakeholder
> >
> >
> > Attached please find the following information with respect to the
> > processing of the Copyright and the Performers' Protection Bills.
> >
> > 1. An advert calling for submissions on the Copyright Bill.
> > 2. A copy of the Bill.
> >
> > Please note the following:
> >
> > 1. The hearings scheduled for 27, 28 and 29 June would  be on both the
> > Performers' Protection and the Copyright Amendment Bills.
> > 2. All meetings in Parliament are open to the public, unless otherwise
> > stated. This pertain to the briefing on 30 May 2017 and the public
> hearings.
> > 3. Members of the public should use the visitors entrance in Plein Street
> > and should have a copy of their ID, driver license  or passport to gain
> > entry.
> > 4. There is no limited on the number of people that may want to attend.
> > 5. There is no need to secure a seat as it is an open meeting.
> > 6. Please indicated whether you wish to make an oral submission as well.
> > Please note that decision to allow for an oral submission is the
> > Committee's and it would be base on the submission.
> >
> > *NB: It would be appreciated if you can forward this email to other
> > stakeholders*.
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 5/25/2017 4:55 PM >>>
> > Dear Stakeholder
> >
> > Please be informed that Committee has scheduled to receive a briefing on
> > Tuesday, 30 May 2017 on the Copyright Amendment Bill.
> >
> > Time: 09:00 - 13:00
> > Venue, Room E249, Second Floor, New Assembly Wing, Parliament, Cape Town.
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 5/22/2017 1:08 PM >>>
> > Dear Stakeholder
> >
> > Attached please find a copy of the Copyright Amendment Bill that was
> > introduced in Parliament.
> >
> > Information regarding processing of the Bill, including the Performers
> > Protection Amendment Bill, will be communicated to stakeholders in due
> > course.
> >
> > *NB:  No dates have yet been confirmed for processing of both Bills. *
> >
> > It would be appreciated if you could forward this email to other
> > stakeholders.
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 2/15/2017 1:51 PM >>>
> > Dear Stakeholder
> >
> > Please be informed that the Committee meeting scheduled for Friday, 17
> > February 2017 to receive a briefing on the Performers' Protection
> Amendment
> > Bill has been postponed until Tuesday, 21 February 2017.
> >
> > *As a result of this postponement the public hearings on the Bill will
> now
> > take place on 24 and 28 February 2017.*
> >
> > Our apologies for the inconvenience caused.
> >
> > Regards,
> >
> > André
> > >>> Andre Hermans 2/14/2017 1:56 PM >>>
> > Dear Stakeholders
> >
> > Please be informed that the Committee is in the process of finalising its
> > programme with respect to the public hearings scheduled for 21 and 24
> > February on the Performers' Protection Amendment Bill.
> >
> > Please note, that in finalising the programme for the public hearings, we
> > will take into account requests to make a submission on a specific day.
> >
> > It's our objective to forward the draft programme to stakeholders by
> 15:00
> > on Wednesday, 15 February 2017.
> >
> > Regards,
> >
> > André
> >
> > >>> Andre Hermans 1/17/2017 12:56 PM >>>
> > Dear Stakeholders
> >
> > Attached please find the advert that was place over the weekend of 6-7
> > January 2017 in the newspapers calling for submissions on the Performers
> > Protection Amendment Bill. Adverts were place in all official languages.
> >
> > Also attached is a copy of Bill as tabled.
> >
> > It would be appreciated if you could forward this email to other
> > stakeholders.
> >
> > Please do not hesitate to contact me if you have any queries.
> >
> > Regards,
> >
> > André R Hermans
> > Committee Secretary: PC Trade and Industry
> > Tel: (021) 403 3776 <021%20403%203776>
> > Fax: 0866527753 <086%20652%207753>
> > Cell: 0837098482 <083%20709%208482>
> > email:[email protected] <javascript:;>
> >
> > ____________________________________________________________
> _______________
> > Please note: This email and its content are subject to the disclaimer as
> > displayed at the following URL: https://www.parliament.gov.za/
> > email-disclaimer ______________________________
> > _____________________________________________
> >
> >
> >
> > --
> > Douglas Ian Scott
> > 司道格
> > Skype:  douglas0scott
> > South African mobile number: +27 (0)79 515 8727 <079%20515%208727>
> >
>
>
>
> --
> Douglas Ian Scott
> 司道格
> Skype:  douglas0scott
> South African mobile number: +27 (0)79 515 8727
>
>
> ------------------------------
>
> Message: 2
> Date: Fri, 4 Aug 2017 11:38:40 +0200
> From: David Richfield <[email protected] <javascript:;>>
> To: Wikimedia South Africa Mailing List
>         <[email protected] <javascript:;>>
> Subject: Re: [Wikimedia ZA] Processing of the Copyright and
>         Performers' ProtectionAmendment Bills
> Message-ID:
>         <
> cae_d4n5rtww1qvcf5dzaqsf9t7cbxme2dqplytjc5rtp9ss...@mail.gmail.com
> <javascript:;>>
> Content-Type: text/plain; charset="UTF-8"
>
> Thank you for this quick update, and congratulations on what seems to have
> been very effective ethical lobbying :-D
>
>
> --
> David Richfield
> Nabburgerstraße 19, 81737 München
> +49 176 72663368
>
>
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> ------------------------------
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> End of WikimediaZA Digest, Vol 80, Issue 3
> ******************************************
>


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