Ramaphosa’s legal counsel raises concerns with backdated effect of Copyright Amendment Bill

JOHANNESBURG - President Cyril Ramaphosa’s legal counsel has raised concerns about the backdated effect of the Copyright Amendment Bill.

The advocate representing the president is arguing that the proposed legislation, as it stands, is prejudicial to authors of literary works and violates the constitutional right of copyright owners.

The Constitutional Court is currently hearing Ramaphosa’s referral of the bill and the Protection of Performers Bill after finding that Parliament did not adequately address his reservations.

In 2022, the apex court declared the Copyright Act unconstitutional and invalid to the extent that it discriminated against persons who are blind and visually impaired and prevented their access to reading materials.

Advocate Nazreen Bawa has argued that the enactment of the Copyright Amendment Bill would amount to a substantial interference with existing copyright works.

Bawa submitted that the retrospective effect of the draft law does not put more money in the owner’s pocket, despite potentially affecting literary works from before it was enacted.

“Interference with the owner's copyright is so substantial in the extent that it deprives them of a share of the profit, deprived by the exploitation of such work, by obliging the owner to share part of the value derived from the right in such a manner that it is arbitrary. Why? Because it applies to all copyrights assigned in the past.”

Bawa has told the apex court that the economic interests of authors and creators must be protected.