Ref. Ares(2020)3265944 - 23/06/2020
[date]
Dear Honourable President Ramaphosa,
On behalf of organisations representing [
audiovisual producers, broadcasters, composers, music
publishers, music producers, book publishers], we congratulate you on your re-election as President
of the Republic of South Africa and write to you about a looming issue that is critical to South Africa’s
creative community and economy. Respectfully, we ask that you please return the Copyright
Amendment and Performers’ Protection Bills to Parliament for a proper, sector-specific impact
assessment and full consultation with affected stakeholders.
South Africa’s rich and diverse arts not only enhance the lives of South Africans culturally, they also
offer jobs and economic growth. The creative communities we represent have enormous potential
to foster continued artistic and economic contributions through their creative work in South Africa
and reinvestment in the development of the next generation of South African artists and creators.
But for this to happen, South Africa’s creators must operate in a fair environment, supported by
appropriate public policies and legal standards.
As a priority, South Africa’s copyright framework must be fit for purpose.
The South African Government has committed to modernising South African copyright law to bring it
into line with the WIPO Internet and Beijing treaties, which South Africa intends to ratify. Our
communities fully support these policy aims. Regrettably, the Copyright Amendment Bill and the
Performers’ Protection Amendment Bill, as currently drafted, would not only fail to achieve these
stated aims but they would instead undermine South Africa’s creative communities. The proposals
contained in the bills would, if adopted, limit the creative sectors’ ability to protect their rights and
invest in South Africa, substantially weakening the South African internal and export markets for
creative content. This would harm South Africa’s creators, its strong creative culture and, ultimately,
its citizens.
We, the undersigned, stand ready to work with you, Mr. President, to help secure a thriving future
for all participants in South Africa’s creative economy.
Thank you for your consideration.
Sincerely,