The South African Copyright Law: a historical overview and challenges to address access to knowledge issues in a country in transformation

Abstract

This paper provides a historical overview of developments in the South African copyright law and challenges by the educational sector and libraries, to address access to knowledge issues, particularly in a country in transformation. South Africa’s current Copyright Act was enacted in 1978. Because of its colonial background, South Africa’s current copyright law was adapted from British copyright law. It also incorporated provisions from the Berne Convention. The Act has been amended several times, most notably in 1992 to categorise computer programs as a separate, distinct class of protected work. In 1997, it was amended to bring it into line with the TRIPS agreement. In 2002, it was amended to provide ‘needle-time’ rights for owners of sound recordings (embodying musical works) and performers of the musical works, to enable them to receive royalties in respect of the broadcast, or performance, of these sound recordings. Section 13 Regulations governing limitations and exceptions for libraries and archives and education have not been updated since 1978. These Regulations were an adapted version of the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals, published in the United States House Report 94-1476 (1976). These Regulations are limited and restrictive and have become a barrier to access to information, particularly in the digital environment. This paper tracks important initiatives by the educational sector and libraries...