Hi Douglas, The issue is that if fair use is not approved in the Bill, fair dealing will apply and this does not address the digital world at all. Fair use, if open and not limited to a few acts, will allow transformative use, text and data mining, and accommodate new and unthought-of uses at this stage. Technology changes so fast that new uses could be available tomorrow, or next year, and without fair use, access to information would be restricted. Fair use provides the flexibility to be able to use new technologies in ways that fair dealing doesn't. As I said in a previous email, if freedom of panorama is not included in the Bill (although I got the distinct impression in the parliamentary hearings that everyone agreed it should be), then your only other option is Fair Use, not Fair Dealing.
If you want to read up more about fair use and see some of the Best Practice Guidelines by creative industries in the States, you can find this at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/fairuse_fairdealing You can also find some of the issues and comments on the 2017 Bill at: http://libguides.wits.ac.za/Copyright_and_Related_Issues/SA_Copyright_Amendment_Bill_2017 Regards Denise -----Original Message----- From: Douglas Scott [mailto:[email protected]] Sent: 13 October 2017 10:54 AM To: wikimediaza <[email protected]> Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment Bill Hi David, Version B that Denise is referring to is the second draft of the Bill following the presentation to parliament I (on behalf of Wikimedia ZA) and many others made to parliament back in August. To the best of my knowledge version B is not yet out but there is still a risk that it might not include Freedom of Panorama. That's basically the difference. Version A was the one that was share with us earlier this year that did not include any Freedom of Panorama which is why I presented at parliament. Update on the Fair Use/Fair Dealing debate: I am told that the radio discussion has a pro-fair dealing heavy panel and there is currently a big PR effort by the Fair Dealing team to keep restrictive copyright laws in force in the new Copyright Act. However one feels about the Fair Use or Fair Dealing and more or less restrictive copyright laws the public (such as all of us on this mailing list) is encouraged to tune in and call in to ask our questions or give our opinions. Personally I am for more relaxed copyright laws that I believe make our lives as Wikipedia editors easier and promote what I view as the public good which is why I am supportive of the Creative Commons push for Fair Use. But that is just my personal view point and not a chapter one as we as a chapter haven't really talked about the fair use issue. We have only talked about and agreed on the Freedom of Panorama issue. Regards, Douglas. On 12 October 2017 at 17:56, David Richfield <[email protected]> wrote: > Remind me again, what is version B? > > On Oct 12, 2017 2:41 PM, "Douglas Scott" <[email protected]> > wrote: > > > Hello everyone, FYI regarding the Copyright Amendment bill we are > > trying to get Freedom of Panorama included in. > > > > > > > > *ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on > > *Saturday > > 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on DSTV. > > Public can phone in with questions on 011-5358180 <011%20535%208180>. > It > > will be streamed live on SABCNEWS.COM. Dr. Owen Dean and Prof. > Karijker > > from Stellenbosch University’s IP Unit will be speaking and then 3 > > other people after them. > > > > > > > > *Legislation: Reworked Copyright Bill nears completion* > > > > Publish date: 11 October 2017 > > > > Issue Number: 4324 > > > > Diary: Legalbrief Today > > > > > > > > As work on redrafting the Copyright Amendment Bill gathers momentum, > ‘more > > and more questions’ are surfacing according to parliamentary legal > adviser > > Charmaine van der Merwe – who has nevertheless confirmed that ‘no > > policy changes’ have been made, reports Pam Saxby for Legalbrief Policy > > Watch. > > Where a policy decision is required, the provisions concerned have > > been flagged in a version of the Bill Van der Merwe believes will > > rectify all technical errors, inconsistencies and repetitive clauses > > identified > during > > May’s public hearings. Only then will matters of policy be tackled > > by the National Assembly’s Trade and Industry Committee. > > > > Briefing committee members yesterday, Van der Merwe said that – > > while certain ‘phrases’ still need to be clarified – she is > > confident that the Bill’s ‘B’ version will make the Act far easier > > to understand from a technical perspective, once the amendments > > envisaged have been > promulgated > > and incorporated. Although no timeframe was given for the completion > > of > the > > reworked Bill and no discussion took place, committee chair Joan > > Fubbs expressed hope that the remainder of the drafting process will > > not take ‘too much longer’. > > > > > > > > This communication is intended for the addressee only. It is > > confidential. If you have received this communication in error, > > please notify us immediately and destroy the original message. You > > may not copy or disseminate this communication without the > > permission of the University. Only authorised signatories are > > competent to enter into agreements on behalf of the University and > > recipients are thus advised that the content of this message may not > > be legally binding on the University and may contain the personal > > views and opinions of the author, which are not necessarily the > > views and opinions of The University of the Witwatersrand, > > Johannesburg. All agreements between the University and outsiders > > are subject to South African Law unless the University agrees in writing to > > the contrary. > > > > > > > > > > -- > > 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 > > To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. > > wikimedia.org > _______________________________________________ > WikimediaZA mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/wikimediaza > To unsubscribe, send an email to WikimediaZA-unsubscribe@lists. > wikimedia.org -- 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 To unsubscribe, send an email to [email protected] <table width="100%" border="0" cellspacing="0" cellpadding="0" style="width:100%;"> <tr> <td align="left" style="text-align:justify;"><font face="arial,sans-serif" size="1" color="#999999"><span style="font-size:11px;">This communication is intended for the addressee only. It is confidential. If you have received this communication in error, please notify us immediately and destroy the original message. You may not copy or disseminate this communication without the permission of the University. Only authorised signatories are competent to enter into agreements on behalf of the University and recipients are thus advised that the content of this message may not be legally binding on the University and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of The University of the Witwatersrand, Johannesburg. All agreements between the University and outsiders are subject to South African Law unless the University agrees in writing to the contrary. </span></font></td> </tr> </table _______________________________________________ WikimediaZA mailing list [email protected] https://lists.wikimedia.org/mailman/listinfo/wikimediaza To unsubscribe, send an email to [email protected]
