Ref. Ares(2020)2552609 - 14/05/2020
From: Art.4(1)(b)
evartists.org>
Sent: lundi 10 août 2015 16:22
To:
Art.4(1)(b)
(TRADE);
@ad
Art.4(1)(b) agp.fr
Subject:
RE: Copyright Amendment Bill-South Africa
Cher Art.4(1)(b) ,
merci de ton message.
I saw the news just before leaving and think we should submit a position.
As concerns the resale right, it's definitely good news.
5% on resale price without threshold nor ceiling is very good. - What it
means "or prescribed by the
Minister" I don't understand because their seems to be no frame set for
the Minister to change the
principle in any direction.
"Commercial resale" appears to express that any commercial merchant
takes part in the sale - I hope its
sufficiently clear. An argument for openness in the wording is the
appearance of online resale and there
might come new forms. Basically I find the term "commercial resale" an
improvement.
With the addition of an definition of craft works under 1.d, the
following works would become affected
by resale right through the definition of "artists work, ... (c) works of
craftsmanship..." if subject to
commercial resale:
(d) the insertion after the definition of “country” of the following
definition:
“‘craft works’ means works of pottery, glasswork, sewing, knitting,
crochet,
jewellery, tapestry, woodwork, lace work, embroidery, paper tolling, folk
art and
hand-made toys;”;
That is also very positive to settle legal certainty.
Much emphasise on preventive rules for circumvention of the inalienable
right. Also good, hopefully the
artists dare apply their rights.
Room for improvement exists for the need to introduce an:
INFORMATION RIGHT, which is key to any efficient management of the right;
best with combination of
some enforcement right, such as the right of the authors/ her CMO to
control the accounts in case of
justified doubts of correct and complete information.
MANDATORY COLLECTIVE MANAGEMENT also indispensable for efficient
management, in particular for
the international management, when works are bought in SA and resold in
Europe, Australia or USA (of
course they will also introduce the resale right); how could an
individual author follow up the sales?
I am just about back from a little break and will have to work on it more
in detail. I am looking forward
to a fruitful exchange of ideas!!
Amitiés,
Art.4(1)(b)
-----Original Message-----
From: Art.4(1)(b)
@ec.europa.eu [mailto: Art.4(1)(b)
Art.4(1)(b)
@ec.europa.eu]
Sent: Montag, 10. August 2015 14:25
To:
@ev
Art.4(1)(b) artists.org;
@ad
Art.4(1)(b)
agp.fr
Subject: FW: Copyright Amendment Bill-South Africa
Importance: High
Dear
, de
Art.4(1)(b) ar
,
Art.4(1)(b)
I don't know if you have already left for vacation...
We have been informed very late of this public consultation in South
Africa on the Copyright
Amendment Bill. I must confess that I haven' had time yet to see the text
in details...
Besides several negative aspects (the introduction of a kind of US-style
"fair use" (not the tradition in
SA), compulsory licenses for certain exceptions, etc.) we can welcome the
introduction of a resale right...
Does EVA plan to submit written comments (short deadline 27.8.2015)?
If you do, I would be pleased to receive them when publicly available.
The Commission will certainly react more officially later in September
during the process of adoption of
the new law.
Thanks and have nice holidays
Amitiés
Art.4(1)(b)