The Copyright Amendment Bill (CAB) has confused "fair use" as a distraction and misdirection from the real issue about the CAB that allows multi-national companies and digital service provider's to continue their unfair business practices unabated. The real issue with the CAB is Safe Harbour and South African lobby groups and government are completely silent about it.
Copyright law deals with two kinds of works: authorial works where the author, the creator is the first owner and artistic works, photographs and sculptures; and it deals with entrepreneurial works, where the person who did the arrangements is the owner; the person who paid is the owner.
1. Safe harbour provisions provide an appropriate balance between DSP copyright holders and users. 2. Online contracts if un-regulated fall into the “One World” licence, which “transcends geographic and national boundaries.” 3. Copyleft and Creative Commons undermine copyright law. 4. “Data", "databases", "hosting", "linking" "safe harbour" are essential aspects of the monetising of copyrights today. All online copyright works are used, traded, distributed and paid for with and by data. No copyright law regime yet has considered a “data” right when work is used for purposes of accessing data on a listener/viewer? 5. No copyright law regime yet has considered an “advertising” right when works are used for the purposes of advertising to a listener/viewer?
Facebook, Apple, Microsoft, Google and Amazon (FAMGA) have a market share of $3.5 trillion. These businesses utilize algorithms to understand their users, collect data on their habits and find better ways to sell their services and products. Apps are intelligence gathering devices which capture data to be sold off to advertising companies, data miners and other willing buyers. This data is regarded as “the new gold”.
Despite the Ministers satisfaction with the Copyright Review Commission (CRC) Report, the South African music industry is a long way from transparency and transformation.